reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 5 - MILITARY PROPERTY - ARMORIES (§§ 58-1-501 — 58-1-515) › Section 58-1-508 - Plans for armories - Acceptance and use of funds

(a)
When funds are made available, the adjutant general, with the approval of the state building commission and in accordance with the policies and procedures of the commission, is vested with the power, jurisdiction and authority to employ architects, contractors and other employees and to cause proper plans and specifications to be prepared or drafted for armories and facilities and their equipment and furnishings. The adjutant general, with the approval of the governor, is further empowered to accept any aid, financial or otherwise, from any municipality and/or county of this state, as well as federal, in carrying out the purpose of §§
58-1-507
- 58-1-512 and constructing such armories and facilities.
(b)
Funds made available to the adjutant general for the adjutant general's use in carrying out the purposes and objects mentioned in §§
58-1-507
- 58-1-512 shall be expended therefor, as when and where directed by the adjutant general, with the approval of the governor.
Acts 1970, ch. 596, § 80; 1971, ch. 99, § 2; T.C.A., § 7-516; Acts 1990, ch. 734, § 1.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 5 - MILITARY PROPERTY - ARMORIES (§§ 58-1-501 — 58-1-515) › Section 58-1-509 - Location of armories throughout state - Acceptance of money or sites from municipalities or counties authorized

(a)
The adjutant general, with the approval of the governor, shall have the right to provide armories throughout the state to be located at most advantageous points in the discretion of the adjutant general, with the approval of the governor, and the adjutant general, with approval of the governor, may accept from any municipality or county donations, either of money or of sites or both for such armory, to be used in the construction thereof. The location of the armory, plans, specifications and costs thereof shall in all instances be approved in advance by the adjutant general, with the approval of the governor, and in writing; and any available funds appropriated or allocated under the law for the purpose of such construction shall be used by the adjutant general, with approval of the governor, for that purpose.
(b)
The adjutant general, with the approval of the governor, shall also have the right to provide armories, both within and without the corporate limits of the cities and towns, and municipalities are authorized to procure real property outside their corporate limits as sites for such armories, and to expend their tax revenues and other funds for such purposes. The municipalities and counties are further authorized to contribute to and participate in the construction costs of such armories and are authorized to expend their tax revenues and other funds for such purposes.
Acts 1970, ch. 596, § 81; 1971, ch. 99, § 3; T.C.A., § 7-517.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 5 - MILITARY PROPERTY - ARMORIES (§§ 58-1-501 — 58-1-515) › Section 58-1-510 - Appropriations of money or property by counties or municipal corporations for defense

The governing authorities of the counties and municipal corporations of the state are authorized to make appropriations from the funds of such counties and municipal corporations, and are authorized to lease, lend, sell or donate property, both real and personal, of such counties and municipal corporations, to the state of Tennessee and the federal government for purposes of local, state and national defense and for the use of the national guard.
Acts 1970, ch. 596, § 82; T.C.A., § 7-518.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 5 - MILITARY PROPERTY - ARMORIES (§§ 58-1-501 — 58-1-515) › Section 58-1-511 - Title to armories

The title to all armories procured under §§
58-1-507
- 58-1-512 shall be taken in the name of the state.
Acts 1970, ch. 596, § 83; T.C.A., § 7-519.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 5 - MILITARY PROPERTY - ARMORIES (§§ 58-1-501 — 58-1-515) › Section 58-1-512 - Adjutant general in charge of armories - Rental income

(a)
All armories, arsenals, camps, ranges, bases and other facilities owned, leased or maintained by the state or by the United States for the use of the national guard and all activities conducted therein shall be under the general charge and control and shall be regulated by the adjutant general.
(b)
When only one (1) unit occupies any of the facilities hereinabove set forth, the commander of that unit shall have direct charge and control thereof and shall be known and designated as station commander.
(c)
Where two (2) or more units are stationed in any such facility, the adjutant general shall designate the officer to have direct charge and control thereof, and such officer shall likewise be known as the station commander.
(d)
The station commander shall apportion the quarters and facilities therein to be occupied by each unit and shall regulate the use and be responsible for the care thereof.
(e)
All income derived from the use of armories shall be retained by the station commander and shall be deposited in a "station commander's upkeep and maintenance fund" and shall be used, under regulations promulgated by the adjutant general, for maintenance, repair, upkeep, alteration, equipment, modification or improvement of the armory, facilities or area adjacent thereto.
Acts 1970, ch. 596, § 84; T.C.A., § 7-520.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 5 - MILITARY PROPERTY - ARMORIES (§§ 58-1-501 — 58-1-515) › Section 58-1-513 - Purchase and issue of property - Disposal of surplus and obsolete property

(a)
Under the direction of the governor, the adjutant general shall authorize the purchase of such property as may be required for the use of the military department, all such purchases to be made through the state purchasing director.
(b)
No property shall be issued to persons or organizations other than those belonging to the national guard and such forces as may be organized pursuant to parts 1, 2 and 4-6 of this chapter. Obsolete and/or surplus military property of the state, however, may be issued or sold by the adjutant general, with the approval of the governor, to municipalities and to educational, patriotic and charitable organizations under such conditions as may be prescribed by regulations issued pursuant to parts 1, 2 and 4-6 of this chapter.
Acts 1970, ch. 596, § 23; T.C.A., § 7-521.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 5 - MILITARY PROPERTY - ARMORIES (§§ 58-1-501 — 58-1-515) › Section 58-1-514 - Federal property - Care and custody

Federal property, issued to the Tennessee national guard, shall not be used for any purpose other than that for which such was issued, and shall not be loaned for any other activity, either state, civilian, or federal, except to the extent authorized by appropriate regulations. All such property shall be deposited in the armories, headquarters, warehouses, arsenals, or other facilities provided for the purpose and shall not be removed therefrom except for service under proper authority and orders.
Acts 1970, ch. 596, § 24; T.C.A., § 7-522.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 5 - MILITARY PROPERTY - ARMORIES (§§ 58-1-501 — 58-1-515) › Section 58-1-515 - Responsibility for military property and funds - Collection from member or employee - Action by attorney general

(a)
Military property of the state and of the United States shall be issued, safeguarded, maintained, accounted for, inventoried, inspected, surveyed and disposed of as provided in applicable laws and regulations issued thereunder and regulations issued pursuant to parts 1, 2 and 4-6 of this chapter.
(b)
When state-owned military property is lost, damaged or destroyed through the negligence or fault of a member or employee of the national guard, the amount determined as the value of such property or the cost of repairing the same may be collected from any pay or allowance due or to become due to the member or employee of the national guard from the state, in addition to the remedies herein prescribed.
(c)
An action may be maintained in the name of the state in any court having jurisdiction thereof by the attorney general and reporter, upon the request of the adjutant general, to recover, from a member or former member of the national guard found responsible for any state or federal military property lost, damaged or destroyed through negligence or fault, the amount determined as the value of such property or the cost of repairing the same.
Acts 1970, ch. 596, § 27; T.C.A., § 7-523.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 6 - ARMED FORCES - PENAL PROVISIONS (§§ 58-1-601 — 58-1-634) › Section 58-1-601 - Rights-of-way - Highways - Exceptions

Troops of the United States or of the Tennessee national guard parading or performing any duty according to law shall have the right-of-way on any street or highway over which they may pass, except that the carriage of the United States mail, legitimate functions of police departments, and the operations of fire departments shall not be interfered with thereby.
Amended by 2013 Tenn. Acts, ch. 308, s 17, eff. 7/1/2013.
Acts 1970, ch. 596, §§ 87, 88; T.C.A., § 7-301.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 6 - ARMED FORCES - PENAL PROVISIONS (§§ 58-1-601 — 58-1-634) › Section 58-1-602 - Unlawful wearing of uniform or insignia [Repealed]

Repealed by 2018 Tenn. Acts, ch. 914, s 3, eff. 7/1/2018.
Acts 1970, ch. 596, § 95; T.C.A., § 7-302; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 6 - ARMED FORCES - PENAL PROVISIONS (§§ 58-1-601 — 58-1-634) › Section 58-1-603 - Unlawful traffic in military property

Any person who shall purchase, receive in pledge, retain, or possess any article of arms, clothing, equipment, supply or other thing furnished and intended for the military service, unless lawfully issued to such person, is guilty of theft and punishable accordingly.
Acts 1970, ch. 596, § 25; T.C.A., § 7-303; Acts 1989, ch. 591, § 66.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 6 - ARMED FORCES - PENAL PROVISIONS (§§ 58-1-601 — 58-1-634) › Section 58-1-604 - Discrimination against members of the national guard

It is a Class E felony for any person, firm or corporation to refuse employment to any person for the sole reason that the person is a member of the Tennessee national guard or to terminate the employment of any such person for such reason or because of absence from place of employment while attending any prescribed drill, including annual field training.
Acts 1970, ch. 596, § 99; T.C.A., § 7-304; Acts 1989, ch. 591, § 67.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 6 - ARMED FORCES - PENAL PROVISIONS (§§ 58-1-601 — 58-1-634) › Section 58-1-605 - Commissioned officers' power to take oaths and acknowledgments

In addition to the acknowledgment of instruments and the performance of other notarial acts in the manner and form and as otherwise provided by law, instruments may be acknowledged, documents attested, oaths and affirmations administered, depositions and affidavits executed, and other notarial acts performed in connection with any pleading or other instrument to be filed or used in any court in this state, before or by any commissioned officer in active service of the armed forces of the United States, with the rank of second lieutenant or higher, in the army or marine corps, or with the rank of ensign or higher, in the navy or coast guard, or with the equivalent rank in any other component part of the armed forces of the United States, by any person who is a member of the armed forces of the United States or the spouse of such member of the armed forces accompanying a spouse in such service.
Code 1858, § 2070 (deriv. Acts 1847-1848, ch. 82, § 1); Shan., § 3747; Code 1932, § 7662; Acts 1945, ch. 5, § 2; 1945, ch. 65, § 1; C. Supp. 1950, §§ 1012.30, 7662 (Williams, §§ 1012.33, 7662); modified; T.C.A. (orig. ed.), § 7-305.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 6 - ARMED FORCES - PENAL PROVISIONS (§§ 58-1-601 — 58-1-634) › Section 58-1-606 - Validity of notarial acts of officers

Such acknowledgment of instruments, attestation of documents, administration of oaths and affirmations, execution of depositions and affidavits, and performance of other notarial acts as aforementioned, heretofore or hereafter made or taken, are declared legal, valid and binding, and instruments and documents so acknowledged, authenticated, or sworn to, shall be admissible in evidence and eligible to record in this state under the same circumstances, and with the same force and effect, as if such acknowledgment, attestation, oath, affirmation, deposition, affidavit, or other notarial act as aforementioned, had been made or taken within this state before or by a duly qualified officer or official as otherwise provided by law.
Acts 1945, ch. 5, § 3; C. Supp. 1950, § 1012.30 (Williams, § 1012.33); T.C.A. (orig. ed.), § 7-306.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 6 - ARMED FORCES - PENAL PROVISIONS (§§ 58-1-601 — 58-1-634) › Section 58-1-607 - Officer's certificate of notarial act

(a)
In the taking of acknowledgments and the performing of other notarial acts requiring certification, a certificate endorsed upon or attached to the instrument or document, which shows the date of the notarial act and which states, in substance, that the person appearing before the officer acknowledged the instrument as such person's act, or made or signed the instrument or document under oath, shall be sufficient for all intents and purposes. The instrument or document shall not be rendered invalid by the failure to state the place of execution or acknowledgment.
(b)
If the signature, rank and branch of service or subdivision thereof of any such commissioned officer appear upon such instrument or document, or certificate, no further proof of the authority of such officer so to act shall be required, and such action by such commissioned officer shall be prima facie evidence that the person making such oath or acknowledgment is within the purview of §§
58-1-605
- 58-1-607.
Acts 1945, ch. 5, § 4; C. Supp. 1950, § 1012.30 (Williams, § 1012.33); T.C.A. (orig. ed.), § 7-307.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 6 - ARMED FORCES - PENAL PROVISIONS (§§ 58-1-601 — 58-1-634) › Section 58-1-611 - Fraudulent enlistment, appointment or separation

Any person who:
(1)
Enlists or procures appointment in the national guard by means of knowingly false representations or deliberate concealment as to the person's qualifications for such enlistment or appointment and receives pay or allowances thereunder; or
(2)
Separates from the national guard by means of knowingly false representations or deliberate concealment as to the person's eligibility for such separation;
is guilty of a Class C misdemeanor.
Acts 1970, ch. 596, § 55; T.C.A., § 7-311; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 6 - ARMED FORCES - PENAL PROVISIONS (§§ 58-1-601 — 58-1-634) › Section 58-1-612 - Assistance with unlawful enlistment, appointment or separation

Any person who effects an enlistment or appointment in or a separation from the national guard of any person who is known to such person to be ineligible for such enlistment, appointment, or separation because it is prohibited by law, regulation, or order is guilty of a Class C misdemeanor.
Acts 1970, ch. 596, § 56; T.C.A., § 7-312; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 6 - ARMED FORCES - PENAL PROVISIONS (§§ 58-1-601 — 58-1-634) › Section 58-1-613 - Absence without leave

Any person of the Tennessee national guard who, without proper authority:
(1)
Fails to go to the appointed place of duty at the time prescribed;
(2)
Goes from that place; or
(3)
Absents self or remains absent from the unit, organization, or other place of duty at which the guard member is required to be at the time prescribed;
is guilty of a Class B misdemeanor.
Acts 1970, ch. 596, § 57; T.C.A., § 7-313; Acts 1989, ch. 591, § 113; 2008, ch. 716, § 1.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 6 - ARMED FORCES - PENAL PROVISIONS (§§ 58-1-601 — 58-1-634) › Section 58-1-614 - Missing movement

Any member of the national guard, who through neglect or design, misses the movement of a ship, aircraft, units or other conveyances which movement is required as part of that member's duty is guilty of a Class C misdemeanor.
Acts 1970, ch. 596, § 58; T.C.A., § 7-314; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 6 - ARMED FORCES - PENAL PROVISIONS (§§ 58-1-601 — 58-1-634) › Section 58-1-615 - Disrespect toward superior commissioned officer

Any member of the national guard who behaves with disrespect toward the guard member's superior commissioned officer is guilty of a Class C misdemeanor.
Acts 1970, ch. 596, § 59; T.C.A., § 7-315; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 6 - ARMED FORCES - PENAL PROVISIONS (§§ 58-1-601 — 58-1-634) › Section 58-1-616 - Assaulting or willfully disobeying superior commissioned officer

Any member of the national guard who:
(1)
Strikes the guard member's superior commissioned officer or draws or lifts up any weapon or offers any violence against that officer while in the execution of the officer's duty; or
(2)
Willfully disobeys a lawful command of the guard member's superior commissioned officer;
is guilty of a Class C misdemeanor.
Acts 1970, ch. 596, § 60; T.C.A., § 7-316; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 6 - ARMED FORCES - PENAL PROVISIONS (§§ 58-1-601 — 58-1-634) › Section 58-1-617 - Insubordinate conduct toward warrant officer or noncommissioned officer

Any enlisted member of the national guard who:
(1)
Strikes or assaults a warrant officer or noncommissioned officer while that officer is in the execution of the officer's duty;
(2)
Willfully disobeys the lawful order of a warrant officer or noncommissioned officer; or
(3)
Treats with contempt, or is disrespectful in language or deportment toward a warrant officer or noncommissioned officer while that officer is in the execution of office;
is guilty of a Class C misdemeanor.
Acts 1970, ch. 596, § 61; T.C.A., § 7-317; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 6 - ARMED FORCES - PENAL PROVISIONS (§§ 58-1-601 — 58-1-634) › Section 58-1-618 - Failure to obey order or regulation

Any member of the national guard who:
(1)
Violates or fails to obey any lawful general order or regulation;
(2)
Having knowledge of any other lawful order issued by a member of the Tennessee national guard, which it is the guard member's duty to obey, fails to obey the order; or
(3)
Is derelict in the performance of duties;
is guilty of a Class B misdemeanor.
Acts 1970, ch. 596, § 62; T.C.A., § 7-318; Acts 1989, ch. 591, § 112.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 6 - ARMED FORCES - PENAL PROVISIONS (§§ 58-1-601 — 58-1-634) › Section 58-1-619 - Cruelty and maltreatment

Any member of the national guard who is guilty of cruelty or oppression toward or maltreatment of, any person subject to the guard member's orders, is guilty of a Class B misdemeanor.
Acts 1970, ch. 596, § 63; T.C.A., § 7-319; Acts 1989, ch. 591, § 112.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 6 - ARMED FORCES - PENAL PROVISIONS (§§ 58-1-601 — 58-1-634) › Section 58-1-620 - Mutiny or sedition

(a)
Any member of the national guard who:
(1)
With intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise to do such guard member's duty or creates any violence or disturbance is guilty of mutiny;
(2)
With intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence or other disturbances against that authority is guilty of sedition;
(3)
Fails to do the utmost to prevent and suppress a mutiny or sedition being committed in the guard member's presence, or fails to take all reasonable means to inform the superior commissioned officer or the commanding officer of a mutiny or sedition which the guard member knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.
(b)
Any member of the national guard who is found guilty of attempted mutiny, sedition, or failure to suppress or report a mutiny or sedition is guilty of a Class C felony.
Acts 1970, ch. 596, § 64, T.C.A., § 7-320; Acts 1989, ch. 591, § 68.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 6 - ARMED FORCES - PENAL PROVISIONS (§§ 58-1-601 — 58-1-634) › Section 58-1-621 - Misbehavior on active duty

Any member of the national guard who, while on active state duty:
(1)
Runs away;
(2)
Shamefully abandons, surrenders, or delivers up any command, unit, place, or military property which it is the guard member's duty to defend;
(3)
Through disobedience, neglect, or intentional misconduct endangers the safety of any such command, unit, place or military property;
(4)
Casts away arms or ammunition;
(5)
Is guilty of cowardly conduct;
(6)
Quits the guard member's place of duty to plunder or pillage; or
(7)
Causes false alarms in any command, unit, or place under control of the armed forces of the United States or the national guard;
is guilty of a Class E felony.
Acts 1970, ch. 596, § 65, T.C.A., § 7-321; Acts 1989, ch. 591, § 69.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 6 - ARMED FORCES - PENAL PROVISIONS (§§ 58-1-601 — 58-1-634) › Section 58-1-622 - False official statements

Any person subject to §§
58-1-611
- 58-1-634 as provided in §
58-1-632
who, with intent to deceive, signs any false record, return, regulation, order, or other official document, knowing the same to be false, or makes any other false official statement knowing the same to be false, is guilty of a Class C misdemeanor.
Acts 1970, ch. 596, § 66; T.C.A., § 7-322; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 6 - ARMED FORCES - PENAL PROVISIONS (§§ 58-1-601 — 58-1-634) › Section 58-1-623 - Military property - Loss, damage, destruction or wrongful disposition

Any person subject to §§
58-1-611
- 58-1-634 as provided in §
58-1-632
who, without proper authority:
(1)
Sells or otherwise disposes of;
(2)
Willfully or through gross neglect damages, destroys, or loses; or
(3)
Willfully or through gross neglect suffers to be lost, damaged, destroyed, sold or wrongfully disposed of, any military property of the United States or of the state;
is guilty of a felony and punishable as in the case of theft.
Acts 1970, ch. 596, § 67; T.C.A., § 7-323; Acts 1989, ch. 591, § 70.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 6 - ARMED FORCES - PENAL PROVISIONS (§§ 58-1-601 — 58-1-634) › Section 58-1-624 - Property other than military property - Waste, spoilage, or destruction

Any person subject to §§
58-1-611
- 58-1-634 as provided in §
58-1-632
who, while on active state duty or in a duty status other than active state duty, willfully or recklessly wastes, spoils, or otherwise willfully and wrongfully destroys or damages any property other than military property of the United States or of the state, is guilty of a Class E felony.
Acts 1970, ch. 596, § 68; T.C.A., § 7-324; Acts 1989, ch. 591, § 71.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 6 - ARMED FORCES - PENAL PROVISIONS (§§ 58-1-601 — 58-1-634) › Section 58-1-625 - Drunken or reckless driving

Any member of the national guard who operates any vehicle while drunk, or in a reckless or wanton manner is guilty of a misdemeanor.
Acts 1970, ch. 596, § 69; T.C.A., § 7-325.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 6 - ARMED FORCES - PENAL PROVISIONS (§§ 58-1-601 — 58-1-634) › Section 58-1-626 - Drunk on duty

Any member of the national guard who is found drunk on duty is guilty of a Class C misdemeanor.
Acts 1970, ch. 596, § 70; T.C.A., § 7-326; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 6 - ARMED FORCES - PENAL PROVISIONS (§§ 58-1-601 — 58-1-634) › Section 58-1-627 - Misbehavior of a sentinel

Any sentinel or lookout who is found drunk or sleeping upon the sentinel's or lookout's post, or who leaves it before regularly relieved, is guilty, if the offense is committed while the national guard is in active state service in the time of emergency, of a Class E felony; otherwise of a Class C misdemeanor.
Acts 1970, ch. 596, § 71; T.C.A., § 7-327; Acts 1989, ch. 591, §§ 72, 113.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 6 - ARMED FORCES - PENAL PROVISIONS (§§ 58-1-601 — 58-1-634) › Section 58-1-628 - Malingering

Any member of the national guard who for the purpose of avoiding work, duty or service:
(1)
Feigns illness, physical disablement, mental lapse or derangement; or
(2)
Intentionally inflicts self-injury;
is guilty of a Class E felony.
Acts 1970, ch. 596, § 72; T.C.A., § 7-328; Acts 1989, ch. 591, § 73.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 6 - ARMED FORCES - PENAL PROVISIONS (§§ 58-1-601 — 58-1-634) › Section 58-1-629 - Riot or breach of the peace

Any member of the national guard who causes or participates in any riot or breach of the peace is guilty of a Class B misdemeanor.
Acts 1970, ch. 596, § 73; T.C.A., § 7-329; Acts 1989, ch. 591, § 112.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 6 - ARMED FORCES - PENAL PROVISIONS (§§ 58-1-601 — 58-1-634) › Section 58-1-630 - Frauds against the government

Any member of the national guard who:
(1)
Knowing it to be false or fraudulent:
(A)
Makes any claim against the state or any officer thereof; or
(B)
Presents to any person in the civil or military service thereof, for approval or payment, any claim against the state or any officer thereof;
(2)
For the purpose of obtaining the approval, allowance, or payment of any claim against the state or any officer thereof:
(A)
Makes or uses any writing or other paper knowing the same to contain any false or fraudulent statement;
(B)
Makes any oath to any fact or to any writing or other paper knowing such oath to be false; or
(C)
Forges or counterfeits any signature upon any writing or other paper, or uses any such signature knowing the same to be forged or counterfeited;
(3)
Having charge, possession, custody or control of any money or other property of the state, furnished or intended for the national guard or any force thereof, knowingly delivers to any person having authority to receive the same, any amount thereof less than that for which the person receives a certificate of receipt; or
(4)
Being authorized to make or deliver any paper certifying the receipt of any property of the state, furnished or intended for the national guard or any force thereof, makes or delivers to any person such writing without having full knowledge of the truth of the statements therein contained and with intent to defraud the state; is guilty of a Class E felony.
Acts 1970, ch. 596, § 74; T.C.A., § 7-330; Acts 1989, ch. 591, § 74.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 6 - ARMED FORCES - PENAL PROVISIONS (§§ 58-1-601 — 58-1-634) › Section 58-1-631 - Penalties

All violations of parts 1, 2 and 4-6 of this chapter including, but not limited to, §§
58-1-611
- 58-1-633, are punishable under §
40-35-111
.
Acts 1970, ch. 596, § 75; T.C.A., § 7-331.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 6 - ARMED FORCES - PENAL PROVISIONS (§§ 58-1-601 — 58-1-634) › Section 58-1-632 - Application and effect of Sections 58-1-611 - 58-1-633

Sections
58-1-611
- 58-1-633 are applicable to members of the national guard while they are in a drill or duty status. The enumeration of crimes and offenses herein is declared to be cumulative to other criminal and penal statutes of the state, it being the intent of the general assembly that §§
58-1-611
- 58-1-633 are designed solely to create certain specified offenses peculiar to the military and necessary to the discipline, training, proper functioning and the orderly government of the national guard.
Acts 1970, ch. 596, § 76; T.C.A., § 7-332.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 6 - ARMED FORCES - PENAL PROVISIONS (§§ 58-1-601 — 58-1-634) › Section 58-1-633 - Enlisted personnel - Explanation of penal laws

Sections
58-1-611
- 58-1-633 shall be carefully explained to each enlisted member at the time of enlistment and annually thereafter.
Acts 1970, ch. 596, § 77; T.C.A., § 7-333.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 6 - ARMED FORCES - PENAL PROVISIONS (§§ 58-1-601 — 58-1-634) › Section 58-1-634 - Unauthorized sale or disposition of military property or equipment - Penalty

(a)
Any person who shall sell, or offer for sale, barter or exchange, pledge, lend or give away, secrete, or retain after demand made by the civil or military officers of the state of Tennessee any clothing, arms, military outfits or accoutrements, or any other military property or equipment furnished by or through the state of Tennessee or the United States to any member of the military forces of the state of Tennessee, or who shall receive by purchase, barter, exchange, pledge, loan or gift, any such military property or equipment of the state of Tennessee or the United States, is guilty of a Class C misdemeanor.
(b)
Any person in the military forces of the state of Tennessee, to whom shall have been entrusted any military property or equipment by reason of being in such military service, shall account for the same to the proper military authority in accordance with the rules, regulations or special orders made by superior authorities in reference to the same, and such military property shall not be removed beyond the boundaries of the state of Tennessee unless required by the performance of the individual's military duties. Any person, whether in the military service or not, or whether enlistment or appointment shall have expired or not, who shall fail to account for or return to the proper military authorities any property which shall have come into such person's possession and to which the state of Tennessee or the United States may be entitled, or who shall conceal or convert the same to such person's own use, is guilty of a misdemeanor; provided further, that if such person leaves the state, after having failed to account for or return to the proper military authorities such property, such person is guilty of a felony and shall be punished as in the case of theft.
(c)
Any prosecution had under this section may be abated, in the discretion of the district attorney general, if, prior to arraignment, full satisfaction is made for the property involved to the proper military authorities of the state or the United States and the payment of all court costs accruing by reason of the institution of any such prosecution has been made.
(d)
This section is to be given general application and shall not be limited in its application by §
58-1-632
, but is not to be construed in any way to amend or modify any prevailing laws regarding military property as heretofore and hereafter amended.
Acts 1970, ch. 596, § 67; 1978, ch. 612, § 1; T.C.A., § 7-334; Acts 1989, ch. 591, §§ 75, 113.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 7 - MILITARY FAMILY ASSISTANCE TRUST FUND (§§ 58-1-701 — 58-1-706) › Section 58-1-701 - Creation of fund

There is created within the general fund a special account to be known as the "military family assistance trust fund."
Acts 2006, ch. 914, § 1.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 7 - MILITARY FAMILY ASSISTANCE TRUST FUND (§§ 58-1-701 — 58-1-706) › Section 58-1-702 - Investment of moneys in fund

Moneys in the fund shall be invested by the state treasurer for the benefit of the fund pursuant to §
9-4-603
.
Acts 2006, ch. 914, § 1.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 7 - MILITARY FAMILY ASSISTANCE TRUST FUND (§§ 58-1-701 — 58-1-706) › Section 58-1-703 - Separate revolving fund - Interest and earnings - Reversion of fund balance at end of fiscal year

(a)
The military family assistance trust fund is created as a separate revolving fund. The trust fund shall consist of grants, contributions, appropriations, or other moneys made available for the purpose of the trust fund.
(b)
All interest and earnings of the fund shall remain a part of the fund.
(c)
No part of the fund shall revert to the general fund at the end of the fiscal year, but shall remain a part of the revolving fund available for expenditure in accordance with this part.
Acts 2006, ch. 914, § 1.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 7 - MILITARY FAMILY ASSISTANCE TRUST FUND (§§ 58-1-701 — 58-1-706) › Section 58-1-704 - Trust fund board

(a)
The military family assistance trust fund board is created for the purpose of administering the trust fund created pursuant to this part. The board shall be attached to the department of military affairs for administrative purposes. The board shall be composed of six (6) members as follows:
(1)
Three (3) members, who are experts in military family matters, who shall be appointed by the governor;
(2)
One (1) member, who is an expert in military family matters, who shall be appointed by the speaker of the senate;
(3)
One (1) member, who is an expert in military family matters, who shall be appointed by the speaker of the house of representatives; and
(4)
The adjutant general, who shall serve as a nonvoting member.
(b)
The adjutant general, or a majority of the board members, shall arrange for the first board meeting as soon as practicable after all board members are appointed.
(c)
Appointed board members shall serve without compensation, but may receive reimbursement for their actual and necessary travel expenses incurred in the performance of their duties. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
(d)
The term of each appointed member shall be four (4) years.
(e)
An appointed member whose term has expired may continue to serve until a successor is appointed and qualifies. A member who is appointed to an unexpired term shall serve the rest of the term and until a successor is appointed and qualifies. A member may serve two (2) consecutive four-year terms and shall not be reappointed for four (4) years after the completion of those terms.
(f)
A majority of the full membership of the board shall constitute a quorum.
(g)
At its first meeting, the board shall elect, by majority vote, a chair, who shall preside at all meetings and coordinate the functions and activities of the board. The chair shall be elected or reelected each calendar year thereafter.
(h)
The adjutant general shall not serve as the chair of the board.
(i)
The board shall meet at least two (2) times annually, but may meet more frequently, as deemed necessary, subject to call by the chair or by request of a majority of the board members.
Acts 2006, ch. 914, § 1.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 1 - MILITARY FORCES (§§ 58-1-101 — 58-1-706) › Part 7 - MILITARY FAMILY ASSISTANCE TRUST FUND (§§ 58-1-701 — 58-1-706) › Section 58-1-706 - Report

Each year between August 15 and September 1, the military family assistance trust fund board shall provide a written report to the governor, the speaker of the senate and the speaker of the house of representatives. The written report shall provide:
(1)
The board's activities during the previous fiscal year;
(2)
What moneys were spent out of the military family assistance trust fund and the purposes for which the moneys were spent;
(3)
The amount of money left in the fund; and
(4)
Any recommendations for future initiatives with regard to the trust fund and its administration.
Acts 2006, ch. 914, § 1.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 2 - DISASTERS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-2-101 — 58-2-905) › Part 1 - GENERAL EMERGENCY PROVISIONS (§§ 58-2-101 — 58-2-128) › Section 58-2-102 - Legislative intent

(a)
The general assembly finds and declares that the state is vulnerable to a wide range of emergencies, including natural, technological, terrorist acts, and manmade disasters, all of which threaten the life, health, and safety of its people; damage and destroy property; disrupt services and everyday business and recreational activities; and impede economic growth and development. The general assembly further finds that this vulnerability is exacerbated by the growth in the state's population, in the elderly population, in the number of seasonal vacationers, and in the number of persons with special needs. This growth has greatly complicated the state's ability to coordinate its emergency management resources and activities.
(b)
It is the intent of the general assembly to reduce the vulnerability of the people and property of this state; to prepare for efficient evacuation or shelter-in-place of threatened or affected persons; to provide for the rapid and orderly provision of relief to persons and for the restoration of services and property; and to provide for the coordination of activities relating to emergency preparedness, response, recovery, and mitigation among and between agencies and officials of this state, with similar agencies and officials of other states, with local and federal governments, with interstate organizations, and with the private sector.
(c)
It is further the intent of the general assembly to promote the state's emergency preparedness, response, recovery, and mitigation capabilities through enhanced coordination, long-term planning, and adequate funding. State policy for responding to disasters is to support local emergency response efforts. In the case of a major or catastrophic disaster, however, the needs of residents and communities will likely be greater than local resources. In these situations, the state must be capable of providing effective, coordinated, and timely support to communities and the public. Therefore, the general assembly hereby determines and declares that this chapter fulfills a compelling state interest.
Acts 2000, ch. 946, § 1; 2002, ch. 849, § 7a.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 2 - DISASTERS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-2-101 — 58-2-905) › Part 1 - GENERAL EMERGENCY PROVISIONS (§§ 58-2-101 — 58-2-128) › Section 58-2-103 - Policy and purpose

(a)
Because of the existing and continuing possibility of the occurrence of emergencies and disasters resulting from natural, technological, or manmade causes, including acts of terrorism and the recovery therefrom; in order to ensure that preparations of this state will be adequate to deal with, reduce vulnerability to, and recover from such emergencies and disasters; to provide for the common defense and to protect the public peace, health, and safety; and to preserve the lives and property of the people of the state, it is hereby found and declared to be necessary to:
(1)
Create a state emergency management agency to be known as the "Tennessee emergency management agency" (TEMA), to authorize the creation of local organizations for emergency management in the political subdivisions of the state, and to authorize cooperation with the federal government and the governments of other states;
(2)
Confer upon the governor, TEMA, and the governing body of each political subdivision of the state the emergency powers provided herein;
(3)
Provide for the rendering of mutual aid among the political subdivisions of the state, with other states, and with the federal government with respect to carrying out all emergency management functions and responsibilities;
(4)
Authorize the establishment of such organizations and the development and employment of such measures as are necessary and appropriate to carry out this chapter; and
(5)
Provide the means to assist in the prevention or mitigation of emergencies which may be caused or aggravated by inadequate planning for, and regulation of, public and private facilities and land use, not to exclude flood plain management.
(b)
It is further declared to be the purpose of this chapter and the policy of the state that all emergency management functions of the state be coordinated to the maximum extent with comparable functions of the federal government, including its various departments, agencies of other states and localities, and private agencies of every type, to the end that the most effective preparation and use may be made of the manpower, resources, and facilities of the nation for dealing with any emergency that may occur.
Acts 2000, ch. 946, § 1.
2023 Tennessee Code › Title 58 - MILITARY AFFAIRS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-1-101 — 58-9-105) › Chapter 2 - DISASTERS, EMERGENCIES AND CIVIL DEFENSE (§§ 58-2-101 — 58-2-905) › Part 1 - GENERAL EMERGENCY PROVISIONS (§§ 58-2-101 — 58-2-128) › Section 58-2-105 - Limitations

Nothing in this chapter shall be construed to:
(1)
Interfere with the course or conduct of a labor dispute, except that actions otherwise authorized by this chapter or other laws may be taken when necessary to forestall or mitigate imminent or existing danger to public health or safety;
(2)
Interfere with dissemination of news or comment on public affairs; but any communications facility or organization, including, but not limited to, radio and television stations, wire services, and newspapers, may be required to transmit or print public service messages furnishing information or instructions in connection with an emergency;
(3)
Affect the jurisdiction or responsibilities of police forces, firefighting forces, units of the armed forces of the United States, or any personnel thereof, when on active duty; state, local, and interjurisdictional emergency plans shall place reliance upon the forces available for performance of functions related to emergencies; and
(4)
Limit, modify, or abridge the authority of the governor to proclaim martial rule or exercise any other powers vested in the governor under the constitution, statutes or common law of this state independent of or in conjunction with this chapter; provided, that the authority shall be limited to the extent provided under §
58-2-107(m)
and as otherwise specifically provided by statute.
Acts 2000, ch. 946, § 1; 2009, ch. 288, § 3.