reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 30 - POST-CONVICTION PROCEDURE (§§ 40-30-101 — 40-30-413) › Part 2 - POST-CONVICTION DEFENDER OVERSIGHT COMMISSION ACT OF 2011 (§§ 40-30-201 — 40-30-210) › Section 40-30-207 - Conflict of interest and substitute counsel

If at any time during the representation of two (2) or more indigent persons, the post-conviction defender determines that the interests of those persons are so adverse or hostile that they cannot all be counseled by the post-conviction defender or the post-conviction defender's staff without conflict of interest, the court in which the proceeding is pending shall, upon application therefor by the post-conviction defender, appoint one (1) or more qualified attorneys to represent the persons.
Acts 1995, ch. 510, § 1; T.C.A. §
40-30-307
.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 30 - POST-CONVICTION PROCEDURE (§§ 40-30-101 — 40-30-413) › Part 2 - POST-CONVICTION DEFENDER OVERSIGHT COMMISSION ACT OF 2011 (§§ 40-30-201 — 40-30-210) › Section 40-30-208 - Appointment of assistants and other staff - Method of payments

The post-conviction defender is authorized to appoint, employ, and establish, in the numbers as the post-conviction defender determines, full-time assistant post-conviction defenders, investigators, and other clerical and support personnel who shall be paid from funds appropriated for that purpose.
Acts 1995, ch. 510, § 1; T.C.A. §
40-30-308
.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 30 - POST-CONVICTION PROCEDURE (§§ 40-30-101 — 40-30-413) › Part 2 - POST-CONVICTION DEFENDER OVERSIGHT COMMISSION ACT OF 2011 (§§ 40-30-201 — 40-30-210) › Section 40-30-209 - Salary

(a)
The post-conviction defender shall be paid a salary equal to the amount established by law for district public defenders.
(b)
Full-time assistant post-conviction defenders shall be compensated in an amount set by the post-conviction defender in compliance with the assistant public defender's pay schedule and shall be paid from funds appropriated for that purpose.
(c)
All payments of the salary of the post-conviction defender and employees of the office and payments for other necessary expenses of the office from state funds appropriated therefor shall be considered as being for a valid public purpose.
(d)
Notwithstanding any law to the contrary, any limitations on compensation and step increases that apply to district public defenders and assistant public defenders for the period of time beginning from June 16, 2003, to June 30, 2004, and June 25, 2009, to June 30, 2010, shall also apply to post-conviction defenders and assistant post-conviction defenders. In the fiscal years beginning July 1, 2004, and July 1, 2010, and in subsequent fiscal years, salary increases pursuant to the pay schedule prescribed in this section shall not include time of service between July 1, 2003, and June 30, 2004, and between July 1, 2009, and June 30, 2010.
(e)
The salary increase provided by this section and suspended by subsection (d) for the period July 1, 2003, through June 30, 2004, shall be reinstated effective July 1, 2017. For purposes of determining the appropriate salary classification pursuant to this section, credible service for the time period of July 1, 2003, through June 30, 2004, shall be included.
Amended by 2017 Tenn. Acts, ch. 461,s 9, eff. 7/1/2017.
Acts 1995, ch. 510, § 1; T.C.A. §
40-30-309
; Acts 2009, ch. 531, § 28.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 30 - POST-CONVICTION PROCEDURE (§§ 40-30-101 — 40-30-413) › Part 2 - POST-CONVICTION DEFENDER OVERSIGHT COMMISSION ACT OF 2011 (§§ 40-30-201 — 40-30-210) › Section 40-30-210 - Records and reports

The post-conviction defender shall keep appropriate records and make annual reports concerning caseload, funding, staffing, and salaries to the post-conviction defender oversight commission; provided, however, that the post-conviction defender and the defender's staff shall not discuss specific details about any case with the members of the commission.
Acts 1995, ch. 510, § 1; T.C.A. §
40-30-310
; Acts 2011, ch. 414, § 10.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 30 - POST-CONVICTION PROCEDURE (§§ 40-30-101 — 40-30-413) › Part 3 - POST-CONVICTION DNA ANALYSIS ACT OF 2001 (§§ 40-30-301 — 40-30-313) › Section 40-30-301 - Short title

This part shall be known and may be cited as the "Post-Conviction DNA Analysis Act of 2001."
Acts 2001, ch. 444, § 1; T.C.A. § 40-30-401.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 30 - POST-CONVICTION PROCEDURE (§§ 40-30-101 — 40-30-413) › Part 3 - POST-CONVICTION DNA ANALYSIS ACT OF 2001 (§§ 40-30-301 — 40-30-313) › Section 40-30-302 - "DNA analysis" defined

As used in this part, unless the context otherwise requires, "DNA analysis" means the process through which deoxyribonucleic acid (DNA) in a human biological specimen is analyzed and compared with DNA from another biological specimen for identification purposes.
Acts 2001, ch. 444, § 1; T.C.A. § 40-30-402.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 30 - POST-CONVICTION PROCEDURE (§§ 40-30-101 — 40-30-413) › Part 3 - POST-CONVICTION DNA ANALYSIS ACT OF 2001 (§§ 40-30-301 — 40-30-313) › Section 40-30-303 - Petition requesting analysis

Notwithstanding part 1 of this chapter, or any other provision of law governing post-conviction relief to the contrary, a person convicted of and sentenced for the commission of first degree murder, second degree murder, aggravated rape, rape, aggravated sexual battery or rape of a child, the attempted commission of any of these offenses, any lesser included offense of these offenses, or, at the direction of the trial judge, any other offense, may at any time, file a petition requesting the forensic DNA analysis of any evidence that is in the possession or control of the prosecution, law enforcement, laboratory, or court, and that is related to the investigation or prosecution that resulted in the judgment of conviction and that may contain biological evidence.
Acts 2001, ch. 444, § 1; T.C.A. § 40-30-403.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 30 - POST-CONVICTION PROCEDURE (§§ 40-30-101 — 40-30-413) › Part 3 - POST-CONVICTION DNA ANALYSIS ACT OF 2001 (§§ 40-30-301 — 40-30-313) › Section 40-30-304 - Court order if probable that exculpatory results would not have resulted in prosecution or conviction

After notice to the prosecution and an opportunity to respond, the court shall order DNA analysis if it finds that:
(1)
A reasonable probability exists that the petitioner would not have been prosecuted or convicted if exculpatory results had been obtained through DNA analysis;
(2)
The evidence is still in existence and in such a condition that DNA analysis may be conducted;
(3)
The evidence was never previously subjected to DNA analysis or was not subjected to the analysis that is now requested which could resolve an issue not resolved by previous analysis; and
(4)
The application for analysis is made for the purpose of demonstrating innocence and not to unreasonably delay the execution of sentence or administration of justice.
Acts 2001, ch. 444, § 1; T.C.A. § 40-30-404.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 30 - POST-CONVICTION PROCEDURE (§§ 40-30-101 — 40-30-413) › Part 3 - POST-CONVICTION DNA ANALYSIS ACT OF 2001 (§§ 40-30-301 — 40-30-313) › Section 40-30-305 - Court order if probable that results would have resulted in a more favorable verdict or sentence

After notice to the prosecution and an opportunity to respond, the court may order DNA analysis if it finds that:
(1)
A reasonable probability exists that analysis of the evidence will produce DNA results that would have rendered the petitioner's verdict or sentence more favorable if the results had been available at the proceeding leading to the judgment of conviction;
(2)
The evidence is still in existence and in such a condition that DNA analysis may be conducted;
(3)
The evidence was never previously subjected to DNA analysis, or was not subjected to the analysis that is now requested which could resolve an issue not resolved by previous analysis; and
(4)
The application for analysis is made for the purpose of demonstrating innocence and not to unreasonably delay the execution of sentence or administration of justice.
Acts 2001, ch. 444, § 1; T.C.A. § 40-30-405.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 30 - POST-CONVICTION PROCEDURE (§§ 40-30-101 — 40-30-413) › Part 3 - POST-CONVICTION DNA ANALYSIS ACT OF 2001 (§§ 40-30-301 — 40-30-313) › Section 40-30-306 - Payment for analysis

In the case of an order issued pursuant to §
40-30-304
, the court shall order the analysis and payment, if necessary. In the case of an order under §
40-30-305
, the court may require the petitioner to pay for the analysis.
Acts 2001, ch. 444, § 1; T.C.A. § 40-30-406.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 30 - POST-CONVICTION PROCEDURE (§§ 40-30-101 — 40-30-413) › Part 3 - POST-CONVICTION DNA ANALYSIS ACT OF 2001 (§§ 40-30-301 — 40-30-313) › Section 40-30-307 - Appointment of counsel for indigents

The court may, at any time during proceedings instituted under this part, appoint counsel for an indigent petitioner.
Acts 2001, ch. 444, § 1; T.C.A. § 40-30-407.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 30 - POST-CONVICTION PROCEDURE (§§ 40-30-101 — 40-30-413) › Part 3 - POST-CONVICTION DNA ANALYSIS ACT OF 2001 (§§ 40-30-301 — 40-30-313) › Section 40-30-308 - Court order for production of laboratory reports, underlying data and notes

If evidence has previously been subjected to DNA analysis by either the prosecution or defense, the court may order the prosecution or defense to provide all parties and the court with access to the laboratory reports prepared in connection with the DNA analysis, as well as the underlying data and laboratory notes. If any DNA or other biological evidence analysis was previously conducted by either the prosecution or defense without knowledge of the other party, the analysis shall be revealed in the motion for analysis or response, if any. If the court orders DNA analysis in connection with a proceeding brought under this part, the court shall order the production of any laboratory reports prepared in connection with the DNA analysis and may, in its discretion, order production of the underlying data and laboratory notes.
Acts 2001, ch. 444, § 1; T.C.A. § 40-30-408.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 30 - POST-CONVICTION PROCEDURE (§§ 40-30-101 — 40-30-413) › Part 3 - POST-CONVICTION DNA ANALYSIS ACT OF 2001 (§§ 40-30-301 — 40-30-313) › Section 40-30-309 - Preservation of evidence during pendency of proceeding - Sanctions

When the petition is not summarily dismissed, the court shall order that all evidence in the possession of the prosecution, law enforcement, laboratory, or the court that could be subjected to DNA analysis must be preserved during the pendency of the proceeding. The intentional destruction of evidence after such an order may result in appropriate sanctions, including criminal contempt for a knowing violation.
Acts 2001, ch. 444, § 1; T.C.A. § 40-30-409.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 30 - POST-CONVICTION PROCEDURE (§§ 40-30-101 — 40-30-413) › Part 3 - POST-CONVICTION DNA ANALYSIS ACT OF 2001 (§§ 40-30-301 — 40-30-313) › Section 40-30-310 - Laboratory standards

If the court orders analysis, it shall select a laboratory that meets the standards adopted pursuant to the DNA Identification Act of 1994 (
42 U.S.C. § 14131
et seq.).
Acts 2001, ch. 444, § 1; T.C.A. § 40-30-410.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 30 - POST-CONVICTION PROCEDURE (§§ 40-30-101 — 40-30-413) › Part 3 - POST-CONVICTION DNA ANALYSIS ACT OF 2001 (§§ 40-30-301 — 40-30-313) › Section 40-30-311 - Orders in discretion of court

The court may, in its discretion, make such other orders as may be appropriate.
Acts 2001, ch. 444, § 1; T.C.A. § 40-30-411.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 30 - POST-CONVICTION PROCEDURE (§§ 40-30-101 — 40-30-413) › Part 3 - POST-CONVICTION DNA ANALYSIS ACT OF 2001 (§§ 40-30-301 — 40-30-313) › Section 40-30-312 - Analysis results - Dismissal of petition - Order for hearing

If the results of the post-conviction DNA analysis are not favorable to the petitioner, the court shall dismiss the petition, and make further orders as may be appropriate. If the results of the post-conviction DNA analysis are favorable, the court shall order a hearing, notwithstanding any provisions of law or rule of court that would bar the hearing as untimely, and thereafter make orders as are required or permitted by the rules of criminal procedure or part 1 of this chapter.
Acts 2001, ch. 444, § 1; T.C.A. § 40-30-412.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 30 - POST-CONVICTION PROCEDURE (§§ 40-30-101 — 40-30-413) › Part 3 - POST-CONVICTION DNA ANALYSIS ACT OF 2001 (§§ 40-30-301 — 40-30-313) › Section 40-30-313 - Payment for analysis

If an order is issued requiring a DNA analysis be paid on behalf of a petitioner pursuant to this part, then the payment shall be made from funding provided for indigent defendants' counsel as set forth within the annual appropriations act. The payment shall be made only after receipt by the administrative director of the courts of a certified copy of the order and only upon receipt of a bill from the laboratory that conducted the analysis. The bill shall set forth the name of the petitioner, the date the analysis was performed, the amount of the bill, and the name and address of the laboratory to which payment is to be made.
Acts 2001, ch. 444, § 1; T.C.A. § 40-30-413; Acts 2004, ch. 693, § 3.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 30 - POST-CONVICTION PROCEDURE (§§ 40-30-101 — 40-30-413) › Part 4 - POST-CONVICTION FINGERPRINT ANALYSIS ACT (§§ 40-30-401 — 40-30-413) › Section 40-30-401 - Short title

This part is known and may be cited as the "Post-Conviction Fingerprint Analysis Act of 2021."
Added by 2021 Tenn. Acts, ch. 355, s 2, eff. 7/1/2021.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 30 - POST-CONVICTION PROCEDURE (§§ 40-30-101 — 40-30-413) › Part 4 - POST-CONVICTION FINGERPRINT ANALYSIS ACT (§§ 40-30-401 — 40-30-413) › Section 40-30-402 - Part definitions

As used in this part, unless the context otherwise requires, "fingerprint analysis" means the processes through which fingerprints are analyzed and compared for identification purposes, including, but not limited to, latent print comparisons and searches in fingerprint databases.
Added by 2021 Tenn. Acts, ch. 355, s 2, eff. 7/1/2021.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 30 - POST-CONVICTION PROCEDURE (§§ 40-30-101 — 40-30-413) › Part 4 - POST-CONVICTION FINGERPRINT ANALYSIS ACT (§§ 40-30-401 — 40-30-413) › Section 40-30-403 - Petition requesting analysis

(a)
Notwithstanding part 1 of this chapter, or any other law governing post-conviction relief to the contrary, any appropriate party may, at any time, file a petition requesting the performance of fingerprint analysis of any evidence that is in the possession or control of the prosecution, law enforcement, laboratory, or court, and that is related to the investigation or prosecution that resulted in a judgment of conviction and that may contain fingerprint evidence.
(b)
As used in this section, "any appropriate party" means:
(1)
A court on its own motion;
(2)
A district attorney general; or
(3)
A person convicted of and sentenced for the commission or attempted commission of:
(A)
First degree murder;
(B)
A Class A felony;
(C)
A Class B felony;
(D)
Any lesser included offense of an offense in subdivisions (b)(3)(A)-(C); or
(E)
Any other offense, at the direction of the court.
Added by 2021 Tenn. Acts, ch. 355, s 2, eff. 7/1/2021.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 30 - POST-CONVICTION PROCEDURE (§§ 40-30-101 — 40-30-413) › Part 4 - POST-CONVICTION FINGERPRINT ANALYSIS ACT (§§ 40-30-401 — 40-30-413) › Section 40-30-404 - Court order if probable that exculpatory results would not have resulted in prosecution or conviction

After notice to the prosecution and an opportunity to respond, the court shall order fingerprint analysis if the court finds that:
(1)
A reasonable probability exists that the petitioner would not have been prosecuted or convicted if exculpatory results had been obtained through fingerprint analysis;
(2)
The evidence is still in existence and in such a condition that fingerprint analysis may be conducted;
(3)
The evidence was never previously subjected to fingerprint analysis, was not subjected to the analysis that is being requested which could resolve an issue not resolved by previous analysis, or was previously subjected to analysis and the person making the motion under this part requests analysis that uses a new method or technology that is substantially more probative than the prior analysis; and
(4)
The application for analysis is made for the purpose of demonstrating innocence and not to unreasonably delay the execution of sentence or administration of justice.
Added by 2021 Tenn. Acts, ch. 355, s 2, eff. 7/1/2021.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 30 - POST-CONVICTION PROCEDURE (§§ 40-30-101 — 40-30-413) › Part 4 - POST-CONVICTION FINGERPRINT ANALYSIS ACT (§§ 40-30-401 — 40-30-413) › Section 40-30-405 - Court order if probable that results would have resulted in a more favorable verdict or sentence

After notice to the prosecution and an opportunity to respond, the court may order fingerprint analysis if the court finds that:
(1)
A reasonable probability exists that analysis of the evidence will produce fingerprint results that would have rendered the petitioner's verdict or sentence more favorable if the results had been available at the proceeding leading to the judgment of conviction;
(2)
The evidence is still in existence and in such a condition that fingerprint analysis may be conducted;
(3)
The evidence was not previously subjected to fingerprint analysis, was not subjected to the analysis that is now requested which could resolve an issue not resolved by previous analysis, or was previously subjected to analysis and the person making the motion under this part requests analysis that uses a new method or technology that is substantially more probative than the prior analysis; and
(4)
The application for analysis is made for the purpose of demonstrating innocence and not to unreasonably delay the execution of sentence or administration of justice.
Added by 2021 Tenn. Acts, ch. 355, s 2, eff. 7/1/2021.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 30 - POST-CONVICTION PROCEDURE (§§ 40-30-101 — 40-30-413) › Part 4 - POST-CONVICTION FINGERPRINT ANALYSIS ACT (§§ 40-30-401 — 40-30-413) › Section 40-30-406 - Payment for analysis

If an order is issued pursuant to §
40-30-404
, then the court shall order the analysis and payment pursuant to §
40-30-413
, if necessary. If an order is issued pursuant to §
40-30-405
, the court may require the petitioner to pay for the analysis, unless the petitioner is determined indigent by the court.
Added by 2021 Tenn. Acts, ch. 355, s 2, eff. 7/1/2021.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 30 - POST-CONVICTION PROCEDURE (§§ 40-30-101 — 40-30-413) › Part 4 - POST-CONVICTION FINGERPRINT ANALYSIS ACT (§§ 40-30-401 — 40-30-413) › Section 40-30-407 - Appointment of counsel for indigents

The court may, at any time during proceedings instituted under this part, appoint counsel for an indigent petitioner.
Added by 2021 Tenn. Acts, ch. 355, s 2, eff. 7/1/2021.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 30 - POST-CONVICTION PROCEDURE (§§ 40-30-101 — 40-30-413) › Part 4 - POST-CONVICTION FINGERPRINT ANALYSIS ACT (§§ 40-30-401 — 40-30-413) › Section 40-30-408 - Court order for production of laboratory reports, underlying data, and notes

If evidence has previously been subjected to fingerprint analysis by either the prosecution or defense, the court may order the prosecution or defense to provide all parties and the court with access to the laboratory reports prepared in connection with the fingerprint analysis, as well as the underlying data and laboratory notes. If any fingerprint or other evidence analysis was previously conducted by either the prosecution or defense without knowledge of the other party, the analysis shall be revealed in the motion for analysis or response, if any. If the court orders fingerprint analysis in connection with a proceeding brought under this part, the court shall order the production of any laboratory reports prepared in connection with the fingerprint analysis and may, in the court's discretion, order production of the underlying data and laboratory notes.
Added by 2021 Tenn. Acts, ch. 355, s 2, eff. 7/1/2021.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 30 - POST-CONVICTION PROCEDURE (§§ 40-30-101 — 40-30-413) › Part 4 - POST-CONVICTION FINGERPRINT ANALYSIS ACT (§§ 40-30-401 — 40-30-413) › Section 40-30-409 - Preservation of evidence during pendency of proceeding - Sanctions

When the petition is not summarily dismissed, the court shall order that all evidence in the possession of the prosecution, law enforcement, laboratory, or the court that could be subjected to fingerprint analysis must be preserved during the pendency of the proceeding. The intentional destruction of evidence after such an order may result in appropriate sanctions, including criminal contempt for a knowing violation of the court's order.
Added by 2021 Tenn. Acts, ch. 355, s 2, eff. 7/1/2021.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 30 - POST-CONVICTION PROCEDURE (§§ 40-30-101 — 40-30-413) › Part 4 - POST-CONVICTION FINGERPRINT ANALYSIS ACT (§§ 40-30-401 — 40-30-413) › Section 40-30-410 - Laboratory selection

If the court orders analysis, the court must select the laboratory used by the original investigating agency if the laboratory is capable of performing the required analysis. If the laboratory used by the original investigating agency is not capable of performing the required analysis, the court shall select a laboratory that the court deems appropriate.
Added by 2021 Tenn. Acts, ch. 355, s 2, eff. 7/1/2021.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 30 - POST-CONVICTION PROCEDURE (§§ 40-30-101 — 40-30-413) › Part 4 - POST-CONVICTION FINGERPRINT ANALYSIS ACT (§§ 40-30-401 — 40-30-413) › Section 40-30-411 - Orders in discretion of court

The court may, in its discretion, make such other orders as may be appropriate.
Added by 2021 Tenn. Acts, ch. 355, s 2, eff. 7/1/2021.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 30 - POST-CONVICTION PROCEDURE (§§ 40-30-101 — 40-30-413) › Part 4 - POST-CONVICTION FINGERPRINT ANALYSIS ACT (§§ 40-30-401 — 40-30-413) › Section 40-30-412 - Analysis results - Dismissal of petition - Order for hearing

If the results of the post-conviction fingerprint analysis are not favorable to the petitioner, the court shall dismiss the petition, and make further orders as may be appropriate. If the results of the post-conviction fingerprint analysis are favorable, the court shall order a hearing, notwithstanding any law or rule of court that would bar the hearing as untimely, and thereafter make orders as are required or permitted by the Rules of Criminal Procedure or part 1 of this chapter.
Added by 2021 Tenn. Acts, ch. 355, s 2, eff. 7/1/2021.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 30 - POST-CONVICTION PROCEDURE (§§ 40-30-101 — 40-30-413) › Part 4 - POST-CONVICTION FINGERPRINT ANALYSIS ACT (§§ 40-30-401 — 40-30-413) › Section 40-30-413 - Payment for analysis

If an order is issued requiring fingerprint analysis be paid on behalf of a petitioner pursuant to this part, then the payment shall be made from funding provided for indigent defendants' counsel as set forth within the annual appropriations act. The payment shall be made only after receipt by the administrative director of the courts of a certified copy of the order and only upon receipt of a bill from the laboratory that conducted the analysis. The bill shall set forth the name of the petitioner, the date the analysis was performed, the amount of the bill, and the name and address of the laboratory to which payment is to be made.
Added by 2021 Tenn. Acts, ch. 355, s 2, eff. 7/1/2021.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 31 - INTERSTATE COMPACT ON DETAINERS (§§ 40-31-101 — 40-31-108) › Section 40-31-102 - "Appropriate court" defined

"Appropriate court," as used in the agreement on detainers, with reference to the courts of this state, means a court of record with criminal jurisdiction.
Acts 1970, ch. 560, § 2; T.C.A., § 40-3902.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 31 - INTERSTATE COMPACT ON DETAINERS (§§ 40-31-101 — 40-31-108) › Section 40-31-103 - Enforcement of agreement - Cooperation with party states

All courts, departments, agencies, officers and employees of this state and its political subdivisions are hereby directed to enforce the agreement on detainers and to cooperate with one another and with other party states in enforcing the agreement and effectuating its purpose.
Acts 1970, ch. 560, § 3; T.C.A., § 40-3903.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 31 - INTERSTATE COMPACT ON DETAINERS (§§ 40-31-101 — 40-31-108) › Section 40-31-104 - Escape from temporary custody

Any prisoner released to temporary custody under the provisions of the agreement on detainers from a place of imprisonment in Tennessee who shall escape or attempt to escape from the temporary custody, whether within or without the borders of this state, shall be dealt with in the same manner as if the escape or attempt to escape were from the original place of imprisonment.
Acts 1970, ch. 560, § 4; T.C.A., § 40-3904.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 31 - INTERSTATE COMPACT ON DETAINERS (§§ 40-31-101 — 40-31-108) › Section 40-31-105 - Surrender of prisoner mandatory

It is lawful and mandatory upon the warden or other official in charge of a penal or correctional institution in this state to give over the person of any inmate of the penal or correctional institution whenever so required by the operation of the agreement on detainer.
Acts 1970, ch. 560, § 5; T.C.A., § 40-3905.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 31 - INTERSTATE COMPACT ON DETAINERS (§§ 40-31-101 — 40-31-108) › Section 40-31-107 - Central administrator and information agent - Designation - Report

(a)
The governor is empowered to designate the officer who will serve as central administrator of, and information agent for, the agreement on detainers, pursuant to article VII of §
40-31-101
.
(b)
The officer designated shall make a written report to the speakers of the senate and the house of representatives, and the chairs of the judiciary committee of the senate and the criminal justice committee of the house of representatives, at least once each year. This report shall be made no later than February 1. The report shall advise the speakers and committee chairs on the number of participants in the compact.
Amended by 2021 Tenn. Acts, ch. 64, s 50, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 58, eff. 5/10/2019.
Amended by 2013 Tenn. Acts, ch. 236, s 35, eff. 4/19/2013.
Acts 1970, ch. 560, § 7; T.C.A., § 40-3907; Acts 1988, ch. 497, § 3.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 31 - INTERSTATE COMPACT ON DETAINERS (§§ 40-31-101 — 40-31-108) › Section 40-31-108 - Distribution of copies of enactment

Copies of this chapter shall, upon its approval, be transmitted to the governor of each state, the attorney general and the administrator of general services of the United States, and the council of state governments.
Acts 1970, ch. 560, § 8; T.C.A., § 40-3908.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 32 - DESTRUCTION OF RECORDS UPON DISMISSAL OR ACQUITTAL (§§ 40-32-101 — 40-32-105) › Section 40-32-102 - Officials required to destroy

(a)
The chief administrative official of a municipal, county, or state agency and the clerk of each court where the records are recorded shall remove and destroy the records within sixty (60) days from the date of the expunction order issued under §
40-32-101
.
(b)
The Tennessee bureau of investigation shall remove expunged records from the person's criminal history within sixty (60) days from the date of receipt of the expunction order.
Amended by 2015 Tenn. Acts, ch. 295,s 1, eff. 4/24/2015.
Acts 1973, ch. 318, § 2; 1978, ch. 641, § 1; T.C.A., § 40-4002.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 32 - DESTRUCTION OF RECORDS UPON DISMISSAL OR ACQUITTAL (§§ 40-32-101 — 40-32-105) › Section 40-32-103 - Prior charges

This chapter applies to those persons charged with a misdemeanor or a felony prior to July 1, 1973, if the person petitions to the court having jurisdiction in the previous action as provided in §
40-32-101
.
Acts 1973, ch. 318, § 3; T.C.A., § 40-4003.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 32 - DESTRUCTION OF RECORDS UPON DISMISSAL OR ACQUITTAL (§§ 40-32-101 — 40-32-105) › Section 40-32-104 - Penalties

Any person who violates this chapter commits a Class A misdemeanor and shall be fined not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000) and imprisoned in the county jail or workhouse not less than thirty (30) days and not more than eleven (11) months and twenty-nine (29) days.
Acts 1973, ch. 318, § 4; T.C.A., § 40-4004; Acts 1989, ch. 591, §§ 1, 6.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 33 - FORFEITURES (§§ 40-33-101 — 40-33-217) › Part 1 - FORFEITURE OF CONVEYANCES (§§ 40-33-101 — 40-33-111) › Section 40-33-101 - Conveyances subject to forfeiture

(a)
Except as provided in subsection (b), where there is a final judgment of conviction, in the discretion of the court, conveyances, including vehicles, aircraft or vessels, are subject to forfeiture if used in the commission of:
(1)
Any offense under title 39, chapter 13, part 5;
(2)
Any robbery offense under title 39, chapter 13, part 4;
(3)
A burglary, aggravated burglary, or especially aggravated burglary offense under title 39, chapter 14, part 4; or
(4)
A felony theft offense under title 39, chapter 14, part 1.
(b)
(1)
No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this part, unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to any of the offenses listed in subdivisions (a)(2)-(4).
(2)
No conveyance is subject to forfeiture under this part by reason of any act or omission established by the owner thereof to have been committed or omitted without the owner's knowledge or consent; provided, that if the conveyance belongs to an automobile or truck rental company, the burden of proof shall be on the state to prove that the automobile or truck rental company knew, or had reason to know, that the conveyance was or would be used in the commission of an offense for which this part provides for forfeiture of the conveyance.
(3)
A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the act or omission.
Amended by 2013 Tenn. Acts, ch. 285,s 1, eff. 7/1/2013.
Acts 1977, ch. 81, § 1; T.C.A., § 40-4101; Acts 1992, ch. 838, §§ 1, 2; 2006, ch. 960, § 4.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 33 - FORFEITURES (§§ 40-33-101 — 40-33-217) › Part 1 - FORFEITURE OF CONVEYANCES (§§ 40-33-101 — 40-33-111) › Section 40-33-102 - Seizure authorized

(a)
A conveyance subject to forfeiture under this part may be seized by the director of the Tennessee bureau of investigation or the director's authorized representative, agent or employee, the commissioner of safety or the commissioner's authorized representative, agent or employee, or a sheriff, deputy sheriff, municipal law enforcement officer, campus police officer as defined in §
49-7-118
, internal affairs director or internal affairs special agent of the department of correction, or constable upon process issued by any circuit or criminal court having jurisdiction over the property.
(b)
Seizure without process may be made if the seizure is incident to an arrest or a search under a search warrant.
Acts 1977, ch. 81, § 1; 1981, ch. 512, § 4; T.C.A., § 40-4102; Acts 2007, ch. 106, § 1; 2010, ch. 1040, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 33 - FORFEITURES (§§ 40-33-101 — 40-33-217) › Part 1 - FORFEITURE OF CONVEYANCES (§§ 40-33-101 — 40-33-111) › Section 40-33-103 - Commencement of action for determination of forfeiture

In the event of seizure pursuant to §
40-33-102
, proceedings under §§
40-33-104
and
40-33-107
shall be instituted promptly.
Acts 1977, ch. 81, § 1; T.C.A., § 40-4103.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 33 - FORFEITURES (§§ 40-33-101 — 40-33-217) › Part 1 - FORFEITURE OF CONVEYANCES (§§ 40-33-101 — 40-33-111) › Section 40-33-104 - Replevin prohibited - Duty of seizing authority

(a)
A conveyance taken or detained under this section shall not be subject to replevin, but is deemed to be in the custody of the director of the Tennessee bureau of investigation or the director's authorized representative, agent or employee, the commissioner of safety or the commissioner's authorized representative, agent or employee or a sheriff, deputy sheriff, municipal law enforcement officer, campus police officer as defined in §
49-7-118
, internal affairs director or internal affairs special agent of the department of correction, or constable subject only to the orders and decrees of the circuit or criminal court.
(b)
When a conveyance is seized under this part, the seizing authority may:
(1)
Place the conveyance under seal;
(2)
Remove the conveyance to a place designated by the court having jurisdiction over the property; and/or
(3)
Require the director of the Tennessee bureau of investigation or the director's authorized representative, agent or employee, the commissioner of safety or the commissioner's authorized representative, agent or employee, or a sheriff, deputy sheriff, municipal law enforcement officer, campus police officer as defined in §
49-7-118
, internal affairs director or internal affairs special agent of the department of correction, or constable to take custody of the conveyance and remove it to an appropriate location for disposition in accordance with law.
Acts 1977, ch. 81, § 1; 1981, ch. 512, § 5; T.C.A. § 40-4104; Acts 2007 , ch. 106, § 2; 2010 , ch. 1040, § 2.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 33 - FORFEITURES (§§ 40-33-101 — 40-33-217) › Part 1 - FORFEITURE OF CONVEYANCES (§§ 40-33-101 — 40-33-111) › Section 40-33-105 - Removal of forfeited conveyance

When a conveyance is forfeited under this part, the director of the Tennessee bureau of investigation or the director's authorized representative, agent or employee, the commissioner of safety or the commissioner's authorized representative, agent or employee or a sheriff, deputy sheriff, municipal law enforcement officer, campus police officer as defined in §
49-7-118
, internal affairs director or internal affairs special agent of the department of correction, or constable shall remove it for disposition in accordance with law.
Acts 1977, ch. 81, § 1; 1981, ch. 512, § 6; T.C.A., § 40-4105; Acts 2007, ch. 106, § 3; 2010, ch. 1040, § 3.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 33 - FORFEITURES (§§ 40-33-101 — 40-33-217) › Part 1 - FORFEITURE OF CONVEYANCES (§§ 40-33-101 — 40-33-111) › Section 40-33-106 - Jurisdiction over disposition of conveyance

In any county having more than one (1) circuit court, or both a circuit court and a criminal court, the court in the county having jurisdiction of the indictment and trial of all matters relating to the offenses for which forfeiture of a conveyance may be imposed shall have exclusive jurisdiction over the disposition of the conveyances.
Acts 1977, ch. 81, § 1; T.C.A., § 40-4106.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 33 - FORFEITURES (§§ 40-33-101 — 40-33-217) › Part 1 - FORFEITURE OF CONVEYANCES (§§ 40-33-101 — 40-33-111) › Section 40-33-108 - Claim of interest in conveyance subject to forfeiture - Possession - Bond

(a)
Whenever in any proceeding under this part, a claim is filed for any conveyance, the court shall not allow the claim unless the claimant proves that:
(1)
The claimant has an interest in the conveyance, as owner or otherwise, which the claimant acquired in good faith; and
(2)
The claimant never had knowledge or reason to believe that the conveyance was used in the commission of a robbery offense under title 39, chapter 13, part 4, or felony theft under title 39, chapter 14, part 1.
(b)
Pending any proceeding to recover a conveyance seized under this part, the court may order delivery thereof to any claimant who shall establish the claimant's right to immediate possession thereof, and who shall execute, with one (1) or more sureties approved by the court, and deliver to the clerk of the court, a bond in favor of the state and for the payment of a sum double the appraised value thereof as of the time of the hearing, and conditioned further that, if the conveyance is not returned at the time of hearing, the bond shall stand in lieu of and be forfeited in the same manner as the conveyance.
(c)
Within the discretion of the court, the claimant may be awarded possession of the confiscated conveyance pending an appeal of any adverse decision; provided, that the claimant shall be required to execute a bond payable to the state in an amount double the value of the property seized, the sureties to be approved by the court. The condition of the bond shall be that the obligors shall pay to the state, through the court, the full value of the conveyance seized, unless upon an appeal the decision of the court shall be reversed and the property awarded to the claimant.
Acts 1977, ch. 81, § 3; T.C.A., § 40-4108; Acts 1992, ch. 838, § 3.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 33 - FORFEITURES (§§ 40-33-101 — 40-33-217) › Part 1 - FORFEITURE OF CONVEYANCES (§§ 40-33-101 — 40-33-111) › Section 40-33-109 - Claim not filed - Disposition of conveyance

If no claim is interposed, the conveyance shall be forfeited without further proceedings and the conveyance shall be sold or disposed of as provided in this part. The procedure in §
40-33-108
is the sole remedy of any claimant, and no court shall have jurisdiction to interfere therewith by replevin, injunction, supersedeas or in any other manner.
Acts 1977, ch. 81, § 4; T.C.A., § 40-4109.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 33 - FORFEITURES (§§ 40-33-101 — 40-33-217) › Part 1 - FORFEITURE OF CONVEYANCES (§§ 40-33-101 — 40-33-111) › Section 40-33-110 - Disposition of forfeited conveyance or proceeds of sale of forfeited conveyance

(a)
Disposition of a forfeited conveyance or proceeds of goods seized under this part shall inure to the benefit of the county in which the goods were seized for enforcement of this part if the goods were seized by county law enforcement officers, or to the municipality in which they were seized if the goods were seized by municipal law enforcement officers, or to the university employing the campus police officers if the goods were seized by campus police officers as defined in §
49-7-118
, or to the department of correction if the goods were seized by the internal affairs director or an internal affairs special agent of the department of correction; provided, that the forfeited conveyance or the funds derived from the confiscated goods shall go to the law enforcement agency that seized the conveyance and shall be used exclusively for law enforcement purposes by the county or municipality or university or department of correction; provided further, that, if the law enforcement agency retains a forfeited conveyance, any liens that are filed against the forfeited conveyance shall be satisfied by the law enforcement agency that retains the conveyance.
(b)
In all other cases, the proceeds shall be transmitted to the state treasurer and deposited in the state treasury. Upon application of the commissioner of safety, the proceeds, or any part of the proceeds, may be allocated by the director of the budget to the department of safety as expendable receipts for use in the enforcement of this part.
(c)
All proceeds resulting from actions of the Tennessee bureau of investigation or awarded to it in a division of funds shall be paid to the state treasurer to be used only for bureau purposes as appropriated by the general assembly.
Acts 1977, ch. 81, § 5; 1978, ch. 870, §§ 1, 2; 1981, ch. 365, § 1; 1981, ch. 512, § 7; T.C.A., § 40-4110; Acts 1986, ch. 613, § 4; 2007, ch. 106, § 4; 2010, ch. 1040, § 4.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 33 - FORFEITURES (§§ 40-33-101 — 40-33-217) › Part 1 - FORFEITURE OF CONVEYANCES (§§ 40-33-101 — 40-33-111) › Section 40-33-111 - Lien for fees of attorney for accused

The right to a forfeiture as provided in this part shall be inferior to and subject to any lien filed with the court in which the action is pending by an attorney representing the accused on the charge for which the forfeiture or confiscation resulted for the reasonable value of the services of the attorney. The value of the reasonable services represented by the lien shall be subject to the approval of the court that tried the case from which the forfeiture resulted. The arresting officer shall be furnished a copy of the attorney's claimed lien.
Acts 1977, ch. 81, § 6; T.C.A., § 40-4111.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 33 - FORFEITURES (§§ 40-33-101 — 40-33-217) › Part 2 - FORFEITURE PROCEDURES GENERALLY (§§ 40-33-201 — 40-33-217) › Section 40-33-201 - Application

All personal property, including conveyances, subject to forfeiture under §
39-14-307
, §
47-25-1105
, §
53-11-451
, §
55-16-104
, §
55-50-504(g)
, §
55-10-414
, §
57-3-411
, §
57-5-409
, §
57-9-201
, §
67-4-1020
, or §
70-6-202
, shall be seized and forfeited in accordance with the procedure set out in this part.
Amended by 2015 Tenn. Acts, ch. 344,s 6, eff. 7/1/2015.
Amended by 2013 Tenn. Acts, ch. 154,s 33, eff. 7/1/2013.
Acts 1994, ch. 925, § 1; 1996, ch. 910, § 3; 1996, ch. 959, § 2.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 33 - FORFEITURES (§§ 40-33-101 — 40-33-217) › Part 2 - FORFEITURE PROCEDURES GENERALLY (§§ 40-33-201 — 40-33-217) › Section 40-33-202 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Applicable agency" means the agency, board, commission or department charged by law or permitted by agreement with conducting the forfeiture proceeding for the particular property seized; and
(2)
"Secured party" means the holder of a security interest in the seized property acquired in the ordinary course of business within the meaning of §
47-9-102(a)
and shall include a recourse party under the terms of a financing agreement.
Acts 1994, ch. 925, § 1; 2000, ch. 846, § 27.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 33 - FORFEITURES (§§ 40-33-101 — 40-33-217) › Part 2 - FORFEITURE PROCEDURES GENERALLY (§§ 40-33-201 — 40-33-217) › Section 40-33-205 - Security interests

(a)
If a secured party with a duly perfected security interest receives notification pursuant to §
40-33-204(g)
that a forfeiture warrant has been issued with regard to the secured property, the secured party must submit proof of the security interest to the applicable agency within thirty (30) days of receipt of the notification in order for this subsection (a) to apply. A secured party with a duly perfected interest or any successor in interest to the secured party who does not receive notice of intent to forfeit the interest pursuant to §
40-33-204(b)(1)(C)
, need not file a claim to preserve any right the party may have to the property. Upon receiving proof of a security interest, no cost bond or other pleadings need be filed by the secured party or successor in interest in order to protect its interest in the seized property or to assert a claim to the property as provided in §
40-33-206
. If the applicable agency notifies a secured party that it intends to seek forfeiture of the secured party's interest, it shall seek a forfeiture warrant against the secured party as provided in §
40-33-204(b)
. Upon receiving notice that a forfeiture warrant has been issued, the secured party is required to file a claim for the property as provided in this part.
(b)
Any secured party, other than one described in subsection (a), or any successor in interest to the secured party may file a claim for seized property by complying with §
40-33-206
, within thirty (30) days of the date the forfeiture warrant is issued.
Acts 1994, ch. 925, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 33 - FORFEITURES (§§ 40-33-101 — 40-33-217) › Part 2 - FORFEITURE PROCEDURES GENERALLY (§§ 40-33-201 — 40-33-217) › Section 40-33-206 - Claims

(a)
Any person asserting a claim to any property seized pursuant to the provisions of law set out in §
40-33-201
, and described on the notice of seizure, may within thirty (30) days of being notified by the applicable agency that a forfeiture warrant has issued, file with the agency a written claim requesting a hearing and stating the person's interest in the seized property for which a claim is made. The claims may be on forms provided by the applicable agency.
(b)
(1)
Except as provided in §
40-33-205(a)
, with the claim the claimant shall also file a cash bond or attorney or corporate surety bond in the sum of three hundred fifty dollars ($350), the bond being made payable to the state of Tennessee; and
(2)
An indigent person may file a claim in forma pauperis by filing with the claim an affidavit stating that the person is unable to bear the cost of the proceeding.
(c)
If a claim or proof of a security interest is not filed with the applicable agency within the time specified by this part, the seized property shall be forfeited and disposed of as provided by law.
Acts 1994, ch. 925, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 33 - FORFEITURES (§§ 40-33-101 — 40-33-217) › Part 2 - FORFEITURE PROCEDURES GENERALLY (§§ 40-33-201 — 40-33-217) › Section 40-33-207 - Hearing date

(a)
Within thirty (30) days from the day the claim is filed, the applicable agency shall establish a hearing date and set the case on the docket.
(b)
Nothing in this section shall be construed as requiring the hearing to be conducted within the thirty-day period.
Acts 1994, ch. 925, § 1.