reglab/statecodes huggingface dataset:
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 2 - NARCOTICS INVESTIGATION DIVISION (§§ 38-6-201 — 38-6-207) › Section 38-6-201 - Creation

There is created the narcotics investigation division within the Tennessee bureau of investigation.
Acts 1998, ch. 1069, § 4.
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 2 - NARCOTICS INVESTIGATION DIVISION (§§ 38-6-201 — 38-6-207) › Section 38-6-202 - Mission

(a)
The mission of the narcotics investigation division shall be to investigate, gather evidence and assist in the prosecution of criminal offenses involving controlled substances, controlled substance analogues, narcotics, and other drugs.
(b)
The narcotics investigation division shall have original jurisdiction over the investigation of all drugs.
Acts 1998, ch. 1069, § 4; 2012, ch. 848, § 11.
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 2 - NARCOTICS INVESTIGATION DIVISION (§§ 38-6-201 — 38-6-207) › Section 38-6-204 - Assistant director

(a)
An assistant director shall be appointed by the director to administer the narcotics investigation division.
(b)
The assistant director shall be a person of experience and ability in the investigation or prosecution of criminal offenses involving controlled substances, narcotics and other drugs.
(c)
The assistant director, acting for and in consultation with the director, shall apply for all federal or state funds or grants that may be available for the purposes for which the narcotics investigation division was created.
Acts 1998, ch. 1069, § 4.
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 2 - NARCOTICS INVESTIGATION DIVISION (§§ 38-6-201 — 38-6-207) › Section 38-6-205 - Members of division - Qualifications - Drug Tests - Reassignment

(a)
The narcotics investigation division shall consist of those agents transferred into the new division according to §
38-6-203
[deleted as obsolete], and an additional sixteen (16) agents. The division shall also include four (4) special agents in charge, two (2) secretaries, and one (1) executive secretary. The director, with the approval of the governor, may increase the number of persons employed in the narcotics investigation division, to any number as may be found feasible and necessary.
(b)
The assistant director and agents appointed shall be citizens of the United States and the state of Tennessee, and of good moral character. The agents and assistant director are required to satisfactorily complete a course of study at a United States department of justice federal drug enforcement agency operated school. If the federal drug enforcement agency ceases to operate these schools, the agents and assistant director shall satisfactorily complete a course of study, that includes current national drug trends and investigations, selected and approved by the TBI.
(c)
The narcotics investigation division may enter into agreements with bureaus, departments, or judicial drug task forces within the state of Tennessee or of other states or of the United States for the exchange or temporary assignment of agents for special undercover assignments and for performance of specific duties. The assistant director, at the direction of the director of the Tennessee bureau of investigation, is authorized to assign agents of the bureau to that duty and to request and accept agents from the other bureaus or departments for that duty.
(d)
At any time during the employment with the narcotics investigation division, the assistant director, at the direction of the director of the Tennessee bureau of investigation, may request an agent, employee, or other person working with the division, to submit to a mandatory drug test. Refusal to submit to take such drug test shall be grounds for dismissal.
(e)
All such agents shall be assigned to the narcotics investigation division; provided, that the director may, when necessary, temporarily reassign such agents to perform other duties within the bureau.
Amended by 2016 Tenn. Acts, ch. 592,s 1, eff. 3/10/2016.
Acts 1998, ch. 1069, § 4.
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 2 - NARCOTICS INVESTIGATION DIVISION (§§ 38-6-201 — 38-6-207) › Section 38-6-206 - Cooperation with other departments

The narcotics investigation division of the Tennessee bureau of investigation shall have the full cooperation and cooperate fully with the state board of pharmacy, the state board of medical examiners, the department of health, the department of revenue, the department of safety, judicial drug task forces, the district and county attorneys, and the office of the attorney general and reporter, and all local law enforcement agencies.
Acts 1998, ch. 1069, § 4.
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 2 - NARCOTICS INVESTIGATION DIVISION (§§ 38-6-201 — 38-6-207) › Section 38-6-207 - Presentation of written report to the general assembly

The director of the Tennessee bureau of investigation and the assistant director of the narcotics investigation division shall present a written report each year to the criminal justice committee of the house of representatives and the judiciary committee of the senate. The report shall include, but shall not be limited to, the number of investigations currently under way by the division, investigations that resulted in arrests during the previous year, the number of such arrests that resulted in convictions, the class of felony or misdemeanor convictions resulting from such arrests, and the schedule of drug or drugs involved in such arrests and convictions. The report shall also include information regarding the levels of cooperation encountered among the various agencies, internally and otherwise, and other related information regarding the activities of the narcotics investigation division. The purpose of the report shall be to inform the general assembly as to the effectiveness and needs of the division. The above information shall be reported by race or ethnicity where available.
Amended by 2021 Tenn. Acts, ch. 64, s 42, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 51, eff. 5/10/2019.
Amended by 2013 Tenn. Acts, ch. 236, s 39, eff. 4/19/2013.
Acts 1998, ch. 1069, § 4.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 7 - POST-MORTEM EXAMINATIONS (§§ 38-7-101 — 38-7-201) › Part 1 - POST-MORTEM EXAMINATION ACT (§§ 38-7-101 — 38-7-119) › Section 38-7-101 - Short title

This part shall be known and may be cited as the "Post-Mortem Examination Act."
Acts 1961, ch. 174, § 1; T.C.A., § 38-701.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 7 - POST-MORTEM EXAMINATIONS (§§ 38-7-101 — 38-7-201) › Part 1 - POST-MORTEM EXAMINATION ACT (§§ 38-7-101 — 38-7-119) › Section 38-7-102 - Post-mortem examination division

The department of health is authorized and empowered to create and maintain a post-mortem examination division or service. The division or service shall have as its functions the investigation of certain deaths as defined in this part, and the keeping of full and complete records of all reports on investigations and examinations made pursuant to this part. The commissioner of health, acting for the state and with the approval of the governor and considering the recommendation made by the Tennessee medical examiner advisory council, shall appoint a chief medical examiner to direct the division or service, and such other personnel as the commissioner may find appropriate to the enforcement of the duties and powers of this part. The commissioner is authorized and empowered to spend such funds as may be appropriated for the enforcement of this part, and to promulgate rules through the department of health to establish fees for autopsies, guidelines for death investigations and forensic autopsies, and other costs and services associated with this part.
Acts 1961, ch. 174, § 2; 1980, ch. 810, § 2; T.C.A., § 38-702; Acts 2008, ch. 969, § 1.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 7 - POST-MORTEM EXAMINATIONS (§§ 38-7-101 — 38-7-201) › Part 1 - POST-MORTEM EXAMINATION ACT (§§ 38-7-101 — 38-7-119) › Section 38-7-103 - Chief medical examiner - Deputies and assistants - Duties and authority

(a)
The chief medical examiner shall be a physician with an unlimited license to practice medicine and surgery in the state of Tennessee, or who is qualified and eligible for such license, and shall be required to obtain a license within the six-month period after employment. The chief medical examiner shall be a pathologist who is certified by the American Board of Pathology and who holds a certificate of competency in forensic pathology. In addition to the chief medical examiner's other administrative duties, the chief medical examiner's educational duties shall include developing and providing initial training and regular continuing education to all county medical examiners and medical investigators. The chief medical examiner shall be appointed to a five-year term, and may serve unlimited consecutive terms.
(b)
The Tennessee medical examiner advisory council shall recommend to the chief medical examiner three (3) deputy state medical examiners, one (1) from each grand division of the state. The chief medical examiner, in consultation with the advisory council and with the approval of the commissioner of health, shall appoint the three (3) deputy state medical examiners and any assistant state medical examiners needed for regional administrative, professional and technical duties. The deputy medical examiners shall be based in one (1) of the state forensic centers. These state medical examiners shall have the same qualifications as the chief medical examiner. In addition to their other administrative, professional and technical duties, the deputy and assistant state medical examiners may lecture to medical and law school classes and conduct such special classes for county medical examiners and law enforcement officers and other investigators.
(c)
The chief medical examiner shall have investigative authority for certain types of death that are in the interests of the state, including mass fatality incidents, for the identification, examination and disposition of victims' remains, and instances that represent a threat to the public health or safety, or both.
Acts 1961, ch. 174, § 3; T.C.A., § 38-703; Acts 1994, ch. 775, §§ 1, 2; 2008, ch. 969, §§ 2-4.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 7 - POST-MORTEM EXAMINATIONS (§§ 38-7-101 — 38-7-201) › Part 1 - POST-MORTEM EXAMINATION ACT (§§ 38-7-101 — 38-7-119) › Section 38-7-105 - Facility for performance of autopsies

(a)
Except as provided in subsection (b), all autopsies must be performed at a facility accredited by the National Association of Medical Examiners (NAME). An accredited facility must maintain accreditation and operate pursuant to NAME guidelines.
(b)
Autopsies may be performed at a non-accredited facility if:
(1)
The facility receives provisional accreditation from NAME within two (2) years of beginning operations;
(2)
The facility receives full accreditation from NAME within three (3) years of beginning operations; and
(3)
The facility operates pursuant to NAME guidelines.
Amended by 2018 Tenn. Acts, ch. 572,s 1, eff. 3/16/2018.
Amended by 2013 Tenn. Acts, ch. 67,s 1, eff. 4/1/2013.
Acts 1961, ch. 174, § 5; 1967, ch. 399, § 2; 1968, ch. 626, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 16, 36; T.C.A., § 38-705; Acts 1994, ch. 775, § 4; 1995, ch. 258, § 1; 2008, ch. 969, § 11; 2009, ch. 392, § 1; 2012, ch. 671, § 1.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 7 - POST-MORTEM EXAMINATIONS (§§ 38-7-101 — 38-7-201) › Part 1 - POST-MORTEM EXAMINATION ACT (§§ 38-7-101 — 38-7-119) › Section 38-7-106 - When autopsies authorized - Notice to next of kin - Donor eyes and eye tissues

(a)
A county medical examiner may perform or order an autopsy on the body of any person in a case involving a homicide, suspected homicide, a suicide, a violent, unnatural or suspicious death, an unexpected apparent natural death in an adult, sudden unexpected infant and child deaths, deaths believed to represent a threat to public health or safety, and executed prisoners. When the county medical examiner decides to order an autopsy, the county medical examiner shall notify the district attorney general and the chief medical examiner. The chief medical examiner or the district attorney general may order an autopsy in such cases on the body of a person in the absence of the county medical examiner or if the county medical examiner has not ordered an autopsy. The district attorney general may order an autopsy in such cases on the body of a person in the absence of the county medical examiner or the failure of the county medical examiner to act. The authority ordering the autopsy shall notify the next of kin about the impending autopsy if the next of kin is known or reasonably ascertainable. The sheriff or other law enforcement agency of the jurisdiction shall serve process containing such notice and return such process within twenty-four (24) hours.
(b)
Notwithstanding subsection (a), if a request is received from an authorized official of a not-for-profit corporation chartered under the laws of the state, or authorized to do business in the state and certified by the Eye Bank Association of America to obtain, store and distribute donor eyes and eye tissues to be used for corneal transplants, for research and for other medical purposes, the county medical examiner may permit, at any time, the removal of the cornea or corneal tissue from the body of a deceased person in accordance with title 68, chapter 30, part 1.
Acts 1961, ch. 174, § 6; T.C.A., § 38-706; Acts 1984, ch. 917, § 1; 1991, ch. 356, § 1; 1994, ch. 775, § 5; 1995, ch. 258, § 2; 2007, ch. 428, § 2; 2008, ch. 969, § 12.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 7 - POST-MORTEM EXAMINATIONS (§§ 38-7-101 — 38-7-201) › Part 1 - POST-MORTEM EXAMINATION ACT (§§ 38-7-101 — 38-7-119) › Section 38-7-107 - Disinterment to perform autopsy

(a)
(1)
When a person's death occurs under any of the circumstances set out in this part, any of the following persons may request the district attorney general in the district where the body is buried or interred to petition the appropriate circuit or criminal court judge in the district where a body is buried or interred to order a body disinterred:
(A)
A state or county medical examiner;
(B)
The district attorney general of the district in which it is claimed the death occurred;
(C)
The district attorney general of the district in which an act causing the death occurred; or
(D)
The district attorney general of the district in which the body is buried or interred, in the general's own discretion.
(2)
The grounds for disinterment under this subsection (a) are:
(A)
The person's death occurred under one (1) of the circumstances set out in this part;
(B)
The person was buried or interred before an autopsy could be performed; or
(C)
The disinterment will substantially assist in the collection of evidence for a pending criminal investigation, regardless of whether an autopsy was previously performed, or DNA, scientific, or forensic evidence was collected.
(3)
The petition shall specify whether the district attorney general is requesting disinterment for the performance of an autopsy, to collect scientific or forensic evidence, to collect a DNA specimen from the deceased, or any combination of the three (3).
(4)
The petition shall set forth the district attorney general's belief that the death in question is subject to post-mortem examination or autopsy as provided by this part and the reasons that support the district attorney general's belief as to the circumstances of the death. When known or reasonably ascertainable, a copy of the petition shall be served upon the next of kin of the deceased.
(5)
The petition may be presented during a term of court or in vacation and in:
(A)
The county in which it is claimed that the death occurred;
(B)
The county in which the act causing the death occurred; or
(C)
Any other county of a judicial district in which circumstances leading to the death were likely to have occurred.
(6)
The judge hearing a petition under this subsection (a) shall have the power and authority to rule upon the petition in any county in which the judge has jurisdiction.
(b)
Upon the presentation of the petition to the judge, the judge shall be authorized to consider the petition and in the exercise of sound judicial discretion, either make or deny an order authorizing the disinterment and an autopsy to be performed upon the body of the deceased. The cost of disinterment and autopsy shall be paid by the state as provided in §
38-1-104
.
Amended by 2016 Tenn. Acts, ch. 799,s 1, eff. 7/1/2016.
Acts 1961, ch. 174, § 6; 1965, ch. 136, § 1; 1967, ch. 399, § 3; 1973, ch. 195, § 2; T.C.A., § 38-707; Acts 1994, ch. 775, § 6.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 7 - POST-MORTEM EXAMINATIONS (§§ 38-7-101 — 38-7-201) › Part 1 - POST-MORTEM EXAMINATION ACT (§§ 38-7-101 — 38-7-119) › Section 38-7-108 - Death under suspicious, unusual or unnatural circumstances

(a)
Any physician, undertaker, law enforcement officer, or other person having knowledge of the death of any person from violence or trauma of any type, suddenly when in apparent health, sudden unexpected death of infants and children, deaths of prisoners or persons in state custody, deaths on the job or related to employment, deaths believed to represent a threat to public health, deaths where neglect or abuse of extended care residents are suspected or confirmed, deaths where the identity of the person is unknown or unclear, deaths in any suspicious/unusual/unnatural manner, found dead, or where the body is to be cremated, shall immediately notify the county medical examiner or the district attorney general, the local police or the county sheriff, who in turn shall notify the county medical examiner. The notification shall be directed to the county medical examiner in the county in which the death occurred.
(b)
Whenever a death occurs under the circumstances as set forth in this part, the body shall not be removed from its position or location without authorization by the county medical examiner, except to preserve the body from loss or destruction or to maintain the flow of traffic on a highway, railroad, or airport. No body subject to post-mortem examination as provided by this part shall be embalmed without authorization by the county medical examiner.
(c)
(1)
If a body is subject to post-mortem examination under this part, this part shall be suspended to the extent necessary for the preservation of any body or part of the body, as defined in §
68-30-102
, where an anatomical gift of the body or part of the body has been made in accordance with the Uniform Anatomical Gift Act, compiled in title 68, chapter 30, part 1.
(2)
Any physician, surgeon, undertaker, law enforcement officer, hospital, hospital personnel, or other person who acts in good faith in compliance with this subsection (c) for the purposes established shall be immune from civil or criminal liability for removing, transplanting, or otherwise preserving such body or part of a body.
(3)
This subsection (c) shall govern and supersede any conflicting provisions of law.
(4)
The chief medical examiner of the state and the organ procurement agencies serving the state shall develop a protocol for those instances in which this subsection (c) is applicable. The protocol shall be filed with the department of health and shall be reviewed and updated as necessary.
Acts 1961, ch. 174, § 7; 1967, ch. 399, § 4; T.C.A., § 38-708; Acts 1983, ch. 84, § 3; 1986, ch. 712, § 1; 2006, ch. 838, § 1; 2008, ch. 969, § 13.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 7 - POST-MORTEM EXAMINATIONS (§§ 38-7-101 — 38-7-201) › Part 1 - POST-MORTEM EXAMINATION ACT (§§ 38-7-101 — 38-7-119) › Section 38-7-109 - Investigation by county medical examiner

(a)
When a death is reported as provided in §
38-7-108
, it is the duty of the county medical examiner in the county in which the death occurred to immediately make an investigation of the circumstances of the death. The county medical examiner shall record and store the findings, and transmit copies according to the death investigation guidelines developed by the Tennessee medical examiner advisory council. In any event the county medical examiner is authorized to remove from the body of the deceased a specimen of blood or other body fluids, or bullets or other foreign objects, and to retain such for testing and/or evidence if in the county medical examiner's judgment these procedures are justified in order to complete the county medical examiner's investigation or autopsy.
(b)
When an autopsy is ordered by the district attorney general, the county medical examiner shall notify the chief medical examiner and the county medical examiner may perform the autopsy or shall designate and authorize a pathologist to perform the autopsy as provided in §
38-7-105
.
Acts 1961, ch. 174, § 8; 1965, ch. 320, §§ 1, 2; 1967, ch. 399, § 5; T.C.A., § 38-709; Acts 1994, ch. 775, § 7; 1995, ch. 258, § 3; 2004, ch. 595, § 1; 2008, ch. 969, §§ 14-16.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 7 - POST-MORTEM EXAMINATIONS (§§ 38-7-101 — 38-7-201) › Part 1 - POST-MORTEM EXAMINATION ACT (§§ 38-7-101 — 38-7-119) › Section 38-7-112 - Immunity of persons performing examinations and autopsies

A person who in good faith performs a medical examination or an autopsy under this part is immune from civil or criminal liability in performing the authorized service.
Acts 1961, ch. 174, § 11; T.C.A., § 38-712; Acts 1994, ch. 775, § 9.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 7 - POST-MORTEM EXAMINATIONS (§§ 38-7-101 — 38-7-201) › Part 1 - POST-MORTEM EXAMINATION ACT (§§ 38-7-101 — 38-7-119) › Section 38-7-113 - Refusal or neglect to comply with section 38-7-108 - Penalty

Any person who neglects or refuses to comply with §
38-7-108
commits a Class E felony.
Acts 1961, ch. 174, § 12; T.C.A., § 38-713; Acts 1989, ch. 591, § 111; 1994, ch. 775, § 10.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 7 - POST-MORTEM EXAMINATIONS (§§ 38-7-101 — 38-7-201) › Part 1 - POST-MORTEM EXAMINATION ACT (§§ 38-7-101 — 38-7-119) › Section 38-7-117 - Subpoena of medical and hospital records

(a)
An authorized post-mortem official acting under the control or direction of the chief medical examiner or a county medical examiner or performing an investigation pursuant to a court order or an order of a district attorney general is authorized to obtain, upon written request, or may subpoena through the appropriate district attorney general, all medical or hospital records maintained by individuals licensed under title 63 or by facilities licensed under title 68 that pertain to a case under investigation.
(b)
An authorized post-mortem official acting under the control or direction of the chief medical examiner or a county medical examiner or performing an investigation pursuant to a court order or an order of a district attorney general is authorized, through the appropriate district attorney general, to obtain, by judicial subpoena or through a court order in accordance with §
33-3-105
, all records maintained by facilities licensed under title 33 that pertain to a case under investigation.
(c)
As used in this section:
(1)
"Authorized post-mortem official" means:
(A)
The chief medical examiner;
(B)
A county medical examiner;
(C)
A medical investigator;
(D)
A coroner;
(E)
A deputy or assistant state medical examiner or forensic pathologist under the control or direction of the chief medical examiner; or
(F)
A deputy or assistant county medical examiner or forensic pathologist under the control or direction of a county medical examiner; and
(2)
"Case under investigation" means any time during which an authorized post-mortem official conducts an investigation into a case of death.
Amended by 2014 Tenn. Acts, ch. 944,s 2, eff. 5/19/2014.
Acts 1994, ch. 775, § 15.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 7 - POST-MORTEM EXAMINATIONS (§§ 38-7-101 — 38-7-201) › Part 1 - POST-MORTEM EXAMINATION ACT (§§ 38-7-101 — 38-7-119) › Section 38-7-118 - Delivery of remains to family following autopsy

The body or remains of any dead human subject to an autopsy or pathology examination pursuant to this part shall be delivered to the next of kin as soon as practicable after the completion of the autopsy or pathology examination.
Acts 2004, ch. 643, § 1.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 8 - EMPLOYMENT AND TRAINING OF POLICE OFFICERS (§§ 38-8-NEW — 38-8-312) › Part 1 - GENERAL PROVISIONS (§§ 38-8-NEW — 38-8-134) › Section 38-8-NEW - [Newly enacted section not yet numbered]

(a)
The Tennessee peace officer standards and training (POST) commission shall adopt guidelines and materials instructing law enforcement officers on the best practices for recognizing and responding to a medical crisis involving a person under arrest or under the care or supervision of the law enforcement officer.
(b)
The guidelines and materials must not require an officer to undergo specialized medical training for the purposes of becoming POST certified.
Added by 2024 Tenn. Acts, ch. 527,s 1, eff. 3/7/2024.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 8 - EMPLOYMENT AND TRAINING OF POLICE OFFICERS (§§ 38-8-NEW — 38-8-312) › Part 1 - GENERAL PROVISIONS (§§ 38-8-NEW — 38-8-134) › Section 38-8-102 - Tennessee peace officer standards and training commission - Creation and composition

(a)
There is established the Tennessee peace officer standards and training commission, referred to in this part as the "commission."
(b)
(1)
The commission shall consist of:
(A)
The attorney general and reporter, or the attorney general and reporter's designee;
(B)
One (1) police officer below the rank of assistant chief, or equivalent rank, who shall be appointed by the governor for a term of four (4) years;
(C)
Two (2) sheriffs and two (2) municipal chiefs of police, who shall be appointed by the governor and serve at the governor's pleasure;
(D)
One (1) nonsupervisory police officer, who shall be appointed by the governor for a term of four (4) years;
(E)
One (1) member of the senate and one (1) member of the house of representatives, who shall be appointed by the respective speakers and who shall be voting members of the commission, to serve for a term of two (2) years;
(F)
(i)
Two (2) citizens who are not connected with law enforcement, who shall be appointed by the respective speakers and be subject to the confirmation requirements of subdivision (b)(1)(F)(ii), to each serve for a term of two (2) years;
(ii)
(a)
Except as otherwise provided in this subdivision (b)(1)(F)(ii):
(1)
One (1) citizen member appointed under subdivision (b)(1)(F)(i) shall be confirmed by a resolution of the house of representatives prior to beginning a term of office; and
(2)
One (1) citizen member appointed under subdivision (b)(1)(F)(i) shall be confirmed by a resolution of the senate prior to beginning a term of office;
(b)
If the general assembly is not in session at the time a citizen member is appointed to fill a vacancy, the new appointee shall serve for the term appointed unless such appointment is not confirmed within ninety (90) calendar days after the general assembly next convenes in regular session following such appointment; and
(G)
Three (3) additional members, whom the governor shall appoint for terms of three (3) years.
(2)
The commission shall include at least one (1) person who is of a racial minority.
(c)
The members of the commission shall elect the chair of the commission.
(d)
(1)
A member of the commission who misses more than fifty percent (50%) of the scheduled meetings in a calendar year shall be removed as a member of the commission.
(2)
The chair of the commission shall promptly notify the respective appointing authority of any member who fails to satisfy the attendance requirement as prescribed in subdivision (d)(1).
Amended by 2018 Tenn. Acts, ch. 989,s 1, eff. 5/21/2018.
Amended by 2017 Tenn. Acts, ch. 301,s 1, eff. 7/1/2017.
Amended by 2015 Tenn. Acts, ch. 37,Secs.s3, s4 eff. 3/27/2015.
Acts 1981, ch. 455, § 1; T.C.A., § 38-11-102; Acts 1983, ch. 270, § 2; 1987, ch. 412, §§ 3, 4; 2012, ch. 986, § 5.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 8 - EMPLOYMENT AND TRAINING OF POLICE OFFICERS (§§ 38-8-NEW — 38-8-312) › Part 1 - GENERAL PROVISIONS (§§ 38-8-NEW — 38-8-134) › Section 38-8-103 - Director - Staff - Expenses of members

(a)
The director of the Jerry F. Agee Tennessee law enforcement training academy shall serve as the executive secretary of the commission.
(b)
Staff for the commission shall be provided through the law enforcement training academy.
(c)
The members of the commission shall serve without remuneration, but shall be paid expenses as the members may incur in attending the commission's meetings or in traveling on commission business. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter.
Acts 1981, ch. 455, § 2; T.C.A., § 38-11-103.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 8 - EMPLOYMENT AND TRAINING OF POLICE OFFICERS (§§ 38-8-NEW — 38-8-312) › Part 1 - GENERAL PROVISIONS (§§ 38-8-NEW — 38-8-134) › Section 38-8-105 - Minimum standards binding on governmental entities - Penalty for violation

(a)
Requirements for minimum standards as set forth in this part or as required by the commission shall be mandatory and binding upon any municipality, county or political subdivision of this state.
(b)
Any person who appoints any applicant, who, to the knowledge of the appointer, fails to meet the minimum standards as set forth in this part or required by the commission, and any person who signs the warrant or check for the payment of the salary of any person who, to the knowledge of the signer, fails to meet the qualifications as a police officer as provided in this part or required by the commission, commits a Class A misdemeanor, and upon conviction shall be subject to a fine not exceeding one thousand dollars ($1,000).
(c)
This section shall not apply to any police officer hired by any municipality, county, or political subdivision of this state prior to July 1, 1982.
(d)
Notwithstanding any citizenship requirement in a private act or charter provision to the contrary, a municipality, county, political subdivision of this state, or state law enforcement agency is authorized to employ a police officer who is a permanent legal resident of the United States; provided, that the police officer applies for or obtains United States citizenship within six (6) years of the employment start date with the law enforcement agency.
Amended by 2022 Tenn. Acts, ch. 847, s 1, eff. 4/20/2022.
Amended by 2015 Tenn. Acts, ch. 498, s 1, eff. 5/20/2015.
Acts 1981, ch. 455, § 5; 1982, ch. 747, §§ 1, 2; 1989, ch. 591, §§ 1, 6; T.C.A., § 38-11-105.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 8 - EMPLOYMENT AND TRAINING OF POLICE OFFICERS (§§ 38-8-NEW — 38-8-312) › Part 1 - GENERAL PROVISIONS (§§ 38-8-NEW — 38-8-134) › Section 38-8-106 - Qualifications of police officers

Any person employed as a full-time police officer, and any person employed or utilized as a part-time, temporary, reserve or auxiliary police officer or as a special deputy, shall:
(1)
Be at least eighteen (18) years of age;
(2)
Be a citizen of the United States, or a permanent legal resident of the United States who is an honorably discharged veteran of the United States armed forces pursuant to §
38-8-105(d)
;
(3)
Be a high school graduate or possess a high school equivalency credential approved by the state board of education;
(4)
Not have been convicted of or pleaded guilty to or entered a plea of nolo contendere to any felony charge or to any violation of any federal or state laws or city ordinances relating to force, violence, theft, dishonesty, gambling, liquor, controlled substances or controlled substance analogues;
(5)
Not have been released or discharged under any other than honorable discharge from any of the armed forces of the United States;
(6)
Have the person's fingerprints on file with the Tennessee bureau of investigation;
(7)
Have passed a physical examination by a licensed physician or a nurse practitioner or physician assistant, so long as the task is expressly included in the written protocol developed jointly by the supervising physician and the nurse practitioner or physician assistant, whichever is applicable, setting forth the range of services that may be performed by the nurse practitioner or physician assistant;
(8)
Have a good moral character as determined by a thorough investigation conducted by the employing agency; and
(9)
Have been certified by a Tennessee licensed health care provider qualified in the psychiatric or psychological field as being free from any impairment, as set forth in the current edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM) of the American Psychiatric Association at the time of the examination, that would, in the professional judgment of the examiner, affect the applicant's ability to perform an essential function of the job, with or without a reasonable accommodation.
Amended by 2023 Tenn. Acts, ch. 114,s 7, eff. 7/1/2023.
Amended by 2015 Tenn. Acts, ch. 498, s 2, eff. 5/20/2015.
Amended by 2013 Tenn. Acts, ch. 137, s 4, eff. 4/12/2013.
Acts 1981, ch. 455, § 6; T.C.A., § 38-11-106; Acts 1983, ch. 270, § 6; 1988, ch. 968, § 2; 1990, ch. 1094, § 2; 1993, ch. 374, § 2; 2001, ch. 42, § 1; 2009 , ch. 264, § 1; 2012 , ch. 848, § 12.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 8 - EMPLOYMENT AND TRAINING OF POLICE OFFICERS (§§ 38-8-NEW — 38-8-312) › Part 1 - GENERAL PROVISIONS (§§ 38-8-NEW — 38-8-134) › Section 38-8-108 - Donations of property or money to commission

The commission may accept, for any of its purposes and functions under this chapter, any and all donations of property, real, personal or mixed, and grants of money from any governmental unit or public agency, or from any institution, person, firm or corporation. Such moneys shall be deposited, disbursed and administered in a trust fund as provided by the laws of Tennessee.
Acts 1981, ch. 455, § 8; T.C.A., § 38-11-108.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 8 - EMPLOYMENT AND TRAINING OF POLICE OFFICERS (§§ 38-8-NEW — 38-8-312) › Part 1 - GENERAL PROVISIONS (§§ 38-8-NEW — 38-8-134) › Section 38-8-109 - Stricter qualifications and standards by employing agency

Nothing in this chapter shall be construed to preclude an employing agency from establishing qualifications and standards for hiring and training police officers that exceed those set by the commission.
Acts 1981, ch. 455, § 9; T.C.A., § 38-11-109.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 8 - EMPLOYMENT AND TRAINING OF POLICE OFFICERS (§§ 38-8-NEW — 38-8-312) › Part 1 - GENERAL PROVISIONS (§§ 38-8-NEW — 38-8-134) › Section 38-8-110 - Application of chapter

This chapter does not apply to any elected officers or to any employees of the state of Tennessee, except that this chapter applies to sheriffs under §
38-8-111
.
Acts 1981, ch. 455, § 10; T.C.A., § 38-11-110; Acts 1983, ch. 270, § 5; 1993, ch. 374, § 3.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 8 - EMPLOYMENT AND TRAINING OF POLICE OFFICERS (§§ 38-8-NEW — 38-8-312) › Part 1 - GENERAL PROVISIONS (§§ 38-8-NEW — 38-8-134) › Section 38-8-112 - Courses on use of citations in lieu of arrest - Domestic violence training - Procedures to respond to persons with mental illness

The curriculum requirements of the Tennessee peace officer standards and training commission established by this part shall include materials concerning the use of citations in lieu of arrest and domestic violence training and proper procedures to respond to persons with mental illnesses.
Acts 1985, ch. 320, § 9; 2001, ch. 3, § 1; 2007, ch. 259, § 2.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 8 - EMPLOYMENT AND TRAINING OF POLICE OFFICERS (§§ 38-8-NEW — 38-8-312) › Part 1 - GENERAL PROVISIONS (§§ 38-8-NEW — 38-8-134) › Section 38-8-113 - Choke holding training

Use of a choke hold, with or without the use of a police baton, must be taught to candidates at state law enforcement training facilities as a method of restraint to be used only if the officer reasonably believes that deadly force is authorized pursuant to §
39-11-620
.
Amended by 2021 Tenn. Acts, ch. 489, s 3, eff. 5/18/2021.
Acts 1994, ch. 893, § 1.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 8 - EMPLOYMENT AND TRAINING OF POLICE OFFICERS (§§ 38-8-NEW — 38-8-312) › Part 1 - GENERAL PROVISIONS (§§ 38-8-NEW — 38-8-134) › Section 38-8-114 - Community policing pilot programs

The commission shall encourage the use of community policing by establishing six (6) pilot programs for communities across the state. The commission shall establish two (2) pilot programs in each of the three (3) grand divisions with a reasonable distribution between urban and rural areas. The commission may provide a grant of not more than ten thousand dollars ($10,000) for a community policing pilot program to a community that submits a proposal to the commission. To qualify for the grant funds, a community shall satisfy the criteria for participation established by the commission.
Acts 1996, ch. 985, § 1.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 8 - EMPLOYMENT AND TRAINING OF POLICE OFFICERS (§§ 38-8-NEW — 38-8-312) › Part 1 - GENERAL PROVISIONS (§§ 38-8-NEW — 38-8-134) › Section 38-8-115 - Safe Neighborhoods Act of 1998

(a)
This section shall be known and may be cited as the "Safe Neighborhoods Act of 1998."
(b)
By October 1, 1998, the department of finance and administration shall establish within the department a program to award state law enforcement assistance grants to local governmental agencies from money appropriated by the general appropriations act. The exclusive purpose of the grants is to assist local governments in meeting the local funding requirement necessary to receive a grant under the federal Violent Crime Control and Law Enforcement Act of 1994 for a portion of the costs associated with the employment of new law enforcement officers by local government.
(c)
The department is authorized to promulgate, in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, all rules necessary to establish and administer the grant program; provided, that no such rule or departmental policy shall be promulgated or interpreted contrary to the following guidelines:
(1)
All state grants to local governmental agencies shall be awarded only upon the basis of merit as determined by the department in accordance with selection criteria established by rule and regulation pursuant to the Uniform Administrative Procedures Act. Local governmental agencies wishing to participate in the grant program shall submit an application to the department as prescribed by rule and regulation;
(2)
The number of state grants awarded in a fiscal year is dependent on the amount of money appropriated for the grants and the number of qualified and conforming grant applications. Nothing in this subdivision (c)(2) shall be construed to mean that all money appropriated during a fiscal year for state grants must be awarded during that year if there are an insufficient number of qualified and conforming applications;
(3)
No state grant shall exceed ten percent (10%) of the amount of the grant the local government has been approved to receive from the federal government;
(4)
In order to receive a state grant pursuant to this section for the federal local funding requirement, the local governmental entity must have been approved for a universal hiring program grant under the Violent Crime Control and Law Enforcement Act of 1994 that is for the exclusive purpose of providing financial assistance for the employment of additional law enforcement officers in that locality; and
(5)
Nothing in this part shall be construed to prohibit the awarding of a state grant to assist in hiring school resource officers that have been approved for a federal universal hiring program grant.
Acts 1998, ch. 1030, § 1; 1999, ch. 129, § 1.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 8 - EMPLOYMENT AND TRAINING OF POLICE OFFICERS (§§ 38-8-NEW — 38-8-312) › Part 1 - GENERAL PROVISIONS (§§ 38-8-NEW — 38-8-134) › Section 38-8-117 - Training in animal and canine behavior

(a)
The course of training leading to the basic certificate of compliance issued by the Tennessee peace officer standards and training commission pursuant to §
38-8-107
, may include a course of instruction in animal behavior generally and canine behavior specifically.
(b)
The course shall be created and designed to instruct officer candidates in:
(1)
Basic animal behavioral characteristics, traits and methods by which an officer can ascertain whether an animal is likely to be or become aggressive and thereby constitute a threat to the officer or other people;
(2)
Situations and environments in which an animal is more likely to be or become aggressive and methods by which the officer can control or alter these situations or environments in order to best protect the officer and other people; and
(3)
Ways in which a law enforcement officer can control and neutralize an animal that is or becomes aggressive in a manner that utilizes the least amount of force or likelihood of harm to the animal necessary to protect the officer and other people.
(c)
(1)
For law enforcement officers who have completed the animal behavior training course required by subsections (a) and (d) of this section, any annual in-service training, necessary for the salary supplement authorized in §
38-8-111
, may also include the animal behavior training course.
(2)
The annual in-service training course shall also include any updates or instructional or educational advancements that become available in this area.
(d)
Every officer who was employed prior to the time when the course of instruction was established and offered may be required to complete it as part of the officer's annual in-service training.
Acts 2004, ch. 940, § 2.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 8 - EMPLOYMENT AND TRAINING OF POLICE OFFICERS (§§ 38-8-NEW — 38-8-312) › Part 1 - GENERAL PROVISIONS (§§ 38-8-NEW — 38-8-134) › Section 38-8-119 - Training to respond to mentally ill persons

All police officers shall annually be provided with training in proper procedures to respond to persons with mental illnesses.
Acts 2007, ch. 259, § 3; 2011, ch. 106, § 1.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 8 - EMPLOYMENT AND TRAINING OF POLICE OFFICERS (§§ 38-8-NEW — 38-8-312) › Part 1 - GENERAL PROVISIONS (§§ 38-8-NEW — 38-8-134) › Section 38-8-120 - School policing

A memorandum of understanding may be entered into between a chief of a law enforcement agency and a local education agency to provide school policing.
Acts 2007, ch. 341, § 3.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 8 - EMPLOYMENT AND TRAINING OF POLICE OFFICERS (§§ 38-8-NEW — 38-8-312) › Part 1 - GENERAL PROVISIONS (§§ 38-8-NEW — 38-8-134) › Section 38-8-121 - Substitution of training in school policing for continuing education hours

A law enforcement officer may substitute a maximum of forty (40) hours of successfully completed training in school policing for regular continuing education hours.
Acts 2007, ch. 341, § 4.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 8 - EMPLOYMENT AND TRAINING OF POLICE OFFICERS (§§ 38-8-NEW — 38-8-312) › Part 1 - GENERAL PROVISIONS (§§ 38-8-NEW — 38-8-134) › Section 38-8-122 - Substitution of training in courthouse security for continuing education hours

A law enforcement officer may substitute a maximum of forty (40) hours of successfully completed training in courthouse security for regular continuing education hours.
Acts 2008, ch. 1152, § 2.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 8 - EMPLOYMENT AND TRAINING OF POLICE OFFICERS (§§ 38-8-NEW — 38-8-312) › Part 1 - GENERAL PROVISIONS (§§ 38-8-NEW — 38-8-134) › Section 38-8-124 - Providing false information to POST

(a)
In addition to any other penalty prescribed by law, where an applicant for POST certification knowingly includes false or misleading information on an application concerning the applicant's qualifications, experience, training or criminal history, the applicant shall be denied POST certification in this state and shall not be eligible to reapply.
(b)
(1)
Where a POST certified officer obtains POST certification by knowingly providing false or misleading information concerning the officer's qualifications, experience, training or criminal history, POST shall decertify the officer.
(2)
Any officer decertified by POST under subdivision (b)(1) shall be removed from office and shall not be eligible to apply for a law enforcement position.
(c)
For purposes of this section, "law enforcement position" means:
(1)
A state or local employee who exercises law enforcement authority, including, but not limited to, a position with the:
(A)
Tennessee wildlife resources agency;
(B)
Tennessee public utility commission;
(C)
Division of forestry; or
(D)
Alcoholic beverage commission;
(2)
A state or local employee exercising quasi-law enforcement authority, including, but not limited to, correctional employees and jailers; or
(3)
Any support position to an entity or employee under subdivision (c)(1) or (c)(2).
Acts 2012, ch. 858, § 1.