reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 1 - MISCELLANEOUS PROVISIONS (§§ 38-1-101 — 38-1-903) › Part 1 - EVIDENCE OF CRIMES (§§ 38-1-101 — 38-1-106) › Section 38-1-104 - Autopsies authorized on application of district attorney general

(a)
Whenever the district attorney general of any judicial district in this state is of the opinion that any death occurring in any county in that district attorney general's judicial district has proceeded from a felonious cause, and that the cause of death cannot be adequately and safely determined in the absence of an autopsy upon the body of the deceased, the district attorney general may file with the judge of the court having criminal jurisdiction the district attorney general's sworn petition, which shall set forth the district attorney general's belief that the death in question proceeded from a felonious cause, that the cause of death cannot be adequately determined in the absence of an autopsy and the reasons that actuate the district attorney general's belief as to the felonious nature of such death. Such petition may be presented to the judge having criminal jurisdiction, either in term time or in vacation, and either in the county in which it is claimed that the homicide occurred or in any other county of the judicial district, and the judge shall have power and authority to pass upon the same in any county of that judge's district. When known or reasonably ascertainable, a copy of the petition shall be served upon the next of kin of the deceased.
(b)
Upon the presentation of the petition to the judge having jurisdiction, the judge shall be authorized to consider the petition and in the exercise of sound judicial discretion, either make or deny an order authorizing an autopsy to be performed upon the body of the deceased. If the judge grants the petition, it shall then be the duty of the district attorney general to authorize the performance of the autopsy by some competent physician and to take all action necessary toward such end, including the disinterment of the body of the deceased should the body have been interred. The physician holding the autopsy shall file in the office of the clerk of the court having criminal jurisdiction in the county a full and complete report of the physician's findings in connection with the autopsy, which report shall be available to such parties as may be interested in the report.
(c)
The costs and expense of the autopsy shall be presented to and approved by the trial judge making the order for the autopsy, and upon approval by the trial judge, shall be payable by the state as other costs, chargeable to the state, are paid.
Acts 1949, ch. 61, § 1; C. Supp. 1950, § 9966.1 (Williams, § 5717.38); Acts 1973, ch. 195, § 1; T.C.A. (orig. ed.), § 38-604; Acts 1986, ch. 588, § 1.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 1 - MISCELLANEOUS PROVISIONS (§§ 38-1-101 — 38-1-903) › Part 1 - EVIDENCE OF CRIMES (§§ 38-1-101 — 38-1-106) › Section 38-1-105 - Failure to report discovery of dead body

It is a Class A misdemeanor for any person who discovers an unattended dead human body, or any part of a dead human body, to fail to report the discovery immediately, by the fastest available means of communication, to the chief of police if the body, or any part of the body, is discovered in an incorporated town or city, or to the sheriff if the body, or any part of the body, is discovered in the county outside the corporate limits of any incorporated town or city.
Acts 1967, ch. 56, § 1; T.C.A., § 38-605; Acts 1989, ch. 591, §§ 1, 6.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 1 - MISCELLANEOUS PROVISIONS (§§ 38-1-101 — 38-1-903) › Part 1 - EVIDENCE OF CRIMES (§§ 38-1-101 — 38-1-106) › Section 38-1-106 - Notification to next of kin - Determination of "seriously injured"

(a)
Law enforcement officers and employees of law enforcement agencies shall make a reasonable effort to promptly notify the next of kin of any person who has been killed or seriously injured in an accidental manner before any statement, written or spoken, is delivered or transmitted to the press by any law enforcement official, employee or agency, disclosing the decedent's or seriously injured person's name.
(b)
For the purposes of the notification requirements of this section, the investigating officer shall make the determination, based upon the officer's personal opinion, as to whether a person is "seriously injured." Neither the officer nor the officer's employer shall incur any liability based upon the officer's opinion as to whether a person is seriously injured or not.
Acts 1996, ch. 878, § 1.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 1 - MISCELLANEOUS PROVISIONS (§§ 38-1-101 — 38-1-903) › Part 2 - SCRAP JEWELRY AND METAL DEALERS (§§ 38-1-201 — 38-1-205) › Section 38-1-201 - Registration - Applicability of part

(a)
Any person, firm, or corporation purchasing or otherwise dealing in antique, used or scrap jewelry and precious metals, where the purchase is for resale in its original form or as changed by remounting, melting, reforming, remolding or recasting or for resale as scrap or in bulk, shall be required to register with the chief of police and sheriff of each city and county in which the activity is carried on.
(b)
This part shall not be applicable to:
(1)
Any person, firm or corporation purchasing or otherwise dealing solely in coins or recyclable aluminum cans; or
(2)
Any transaction between dealers, when the selling dealer has previously complied with the requirements set out in §§
38-1-202
and
38-1-203
relative to the items sold pursuant to the transaction.
(c)
Business activities regulated under this part shall be subject to the Business Tax Act, compiled in title 67, chapter 4, part 7.
Acts 1980, ch. 766, §§ 1, 5; T.C.A., § 38-606; Acts 2009, ch. 179, § 1; 2009, ch. 282, § 5.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 1 - MISCELLANEOUS PROVISIONS (§§ 38-1-101 — 38-1-903) › Part 2 - SCRAP JEWELRY AND METAL DEALERS (§§ 38-1-201 — 38-1-205) › Section 38-1-202 - Holding period before transfer or alteration of purchased items

(a)
It is unlawful for any person or corporation engaging in the activity described in §
38-1-201
to sell, exchange, barter or remove from the place in which such business is conducted, or to change the form of any such items by remounting, melting, cutting up, or otherwise changing the form of any such items for a period of twenty (20) days from the date of purchase; provided, however, that the person or corporation may remove the items for the purpose of holding the items in a secure location, including a storage facility or bank vault, for the required twenty-day period. This section does not apply to persons or corporations engaged in the reclamation of precious metals through the reprocessing of used film or other similar materials that in their original form contain precious metals but were not intended to be items of jewelry, or become antiques or be marketed exclusively for the precious metals contained in the materials.
(b)
No person acting as a buyer or dealer under this section shall purchase any item covered by this section from a person under eighteen (18) years of age, nor accept any item covered by this section from anyone who appears intoxicated, nor from any person known to the person to be a thief, or to have been convicted of larceny, burglary or robbery, without first notifying a police officer. Any person acting as a buyer or dealer under this section shall exercise due care to comply with this section.
(c)
No person acting as a buyer or dealer under this section shall take any item covered by this section under a buy-sell agreement, when the article is known to the person to be stolen.
Amended by 2014 Tenn. Acts, ch. 632,s 1, eff. 4/4/2014.
Acts 1980, ch. 766, § 2; 1981, ch. 424, §§ 1, 2; T.C.A., § 38-607; Acts 1985, ch. 311, § 1; 1992, ch. 943, § 1; 2009, ch. 282, § 1; 2012, ch. 675, § 1.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 1 - MISCELLANEOUS PROVISIONS (§§ 38-1-101 — 38-1-903) › Part 2 - SCRAP JEWELRY AND METAL DEALERS (§§ 38-1-201 — 38-1-205) › Section 38-1-203 - Records of transactions

(a)
Every person or corporation dealing in the items described in §
38-1-201
shall keep a log in duplicate and shall enter on the log:
(1)
A clear and accurate description of any items of jewelry or precious metals purchased, including, if applicable:
(A)
Brand name;
(B)
Model number;
(C)
Serial number, if issued by the manufacturer and not intentionally defaced, altered or removed;
(D)
Size;
(E)
Color, as apparent to the untrained eye, not applicable to diamonds;
(F)
Precious metal type, content and weight, if indicated;
(G)
Gemstone description, including the number of stones; and
(H)
Any other unique identifying marks, numbers, names or letters;
(2)
Information on the seller, including: name, race, sex, height, weight, date of birth, residence address and numbers from the items used as identification. Acceptable items of identification are one (1) of the following documents:
(A)
A state-issued driver license;
(B)
A state-issued identification card;
(C)
A passport;
(D)
A valid military identification;
(E)
A nonresident alien border crossing card;
(F)
A resident alien border crossing card; or
(G)
A United States immigration and naturalization service identification; and
(3)
The date and amount of money paid for the items.
(b)
The seller and the purchaser shall sign the log below the description of each transaction.
(c)
On each day the purchaser shall transact business of the type described within this section, the purchaser shall deliver to the sheriff and the chief of police of each county or municipality in which the business is conducted a copy of the log concerning that day's business; and the copy of the log shall be delivered by twelve o'clock (12:00) noon of the day following the date of the transaction. The book shall be carefully preserved without alteration and shall at all times be open to the inspection of the sheriff of the county and the chief of police or any deputy or police officer of the city or county.
Acts 1980, ch. 766, § 3; T.C.A., § 38-608; Acts 2009, ch. 282, § 2.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 1 - MISCELLANEOUS PROVISIONS (§§ 38-1-101 — 38-1-903) › Part 2 - SCRAP JEWELRY AND METAL DEALERS (§§ 38-1-201 — 38-1-205) › Section 38-1-204 - Penalties

A violation of this part is a Class A misdemeanor.
Acts 1980, ch. 766, § 4; T.C.A., § 38-609; Acts 1989, ch. 591, § 113; 2009, ch. 282, § 4.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 1 - MISCELLANEOUS PROVISIONS (§§ 38-1-101 — 38-1-903) › Part 3 - STATUTORY RAPE PREVENTION (§§ 38-1-301 — 38-1-306) › Section 38-1-301 - Purpose of part

The purpose of this part is to curtail the crime of statutory rape, to require the reporting of a condition believed to be indicative of statutory rape, and, being necessary for the health, peace and safety of the public, to protect minors in a specified age range, who are not legally competent to consent to sex, from rape.
Acts 1996, ch. 842, § 1.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 1 - MISCELLANEOUS PROVISIONS (§§ 38-1-101 — 38-1-903) › Part 3 - STATUTORY RAPE PREVENTION (§§ 38-1-301 — 38-1-306) › Section 38-1-302 - Report of pregnancy and identity of alleged father to judge or law enforcement official

(a)
If, during any treatment or examination of any child less than eighteen (18) years of age, a determination is made that the child is pregnant, and if it is learned during the course of the treatment or examination that the alleged father is at least four (4) years older than, but not the legal spouse of the victim, in accordance with §
39-13-506
, the doctor, physician, surgeon, health care provider or other person examining or treating the child or diagnosing the condition is encouraged to, upon obtaining the consent of the patient, a parent, legal guardian or custodian, and within twenty-four (24) hours of the time of the treatment, examination or diagnosis, report the pregnancy by telephone or otherwise, to the judge having juvenile jurisdiction or to the office of sheriff or the chief law enforcement official of the municipality where the child resides.
(b)
Injuries to minors that are required to be reported by §
37-1-403
are not required to be reported under this part.
Acts 1996, ch. 842, § 1.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 1 - MISCELLANEOUS PROVISIONS (§§ 38-1-101 — 38-1-903) › Part 3 - STATUTORY RAPE PREVENTION (§§ 38-1-301 — 38-1-306) › Section 38-1-303 - Contents of report

The report may include, to the extent known by the doctor, physician, surgeon, health care provider or other person filing the report, the name, address and age of the child; the name, address and age of the alleged father; the alleged father's whereabouts at the time the report is made; the results of the diagnosis; and the facts requiring the report. The report may include any other pertinent information.
Acts 1996, ch. 842, § 1.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 1 - MISCELLANEOUS PROVISIONS (§§ 38-1-101 — 38-1-903) › Part 3 - STATUTORY RAPE PREVENTION (§§ 38-1-301 — 38-1-306) › Section 38-1-304 - Confidentiality of reports and identities

Reports made under this part, and the identity of the person filing the report, are confidential, except when the court having jurisdiction determines the testimony of the person reporting to be material to an indictment or conviction.
Acts 1996, ch. 842, § 1.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 1 - MISCELLANEOUS PROVISIONS (§§ 38-1-101 — 38-1-903) › Part 3 - STATUTORY RAPE PREVENTION (§§ 38-1-301 — 38-1-306) › Section 38-1-305 - Notice of statutory rape from public assistance providers to law enforcement agencies

When a person who is at least thirteen (13) years of age but less than eighteen (18) years of age, or a parent, legal guardian or custodian on behalf of such person, applies to the department of human services for child support services, temporary assistance for needy families (TANF) or any other program designed to provide similar public assistance, and the department determines from the application, or during the course of any interview with the applicant, that the father or alleged father of the child is at least four (4) years older than such child's mother, the department shall report such information indicating the occurrence of a possible statutory rape to the appropriate law enforcement agency and district attorney general.
Acts 1996, ch. 842, § 1.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 1 - MISCELLANEOUS PROVISIONS (§§ 38-1-101 — 38-1-903) › Part 3 - STATUTORY RAPE PREVENTION (§§ 38-1-301 — 38-1-306) › Section 38-1-306 - Immunity of persons making reports

Any person making a report under this part shall be immune from civil liability that might otherwise be imposed for such action.
Acts 1996, ch. 842, § 2.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 1 - MISCELLANEOUS PROVISIONS (§§ 38-1-101 — 38-1-903) › Part 4 - CROSS REPORTING OF ANIMAL CRUELTY (§§ 38-1-401 — 38-1-403) › Section 38-1-401 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Animal" means a domesticated living creature or a wild creature previously captured;
(2)
"Cruelty," "abuse," and "neglect" mean every act, omission, or neglect whereby unreasonable physical pain, suffering, or death is caused or permitted;
(3)
"Owner" means any person who is the legal owner, keeper, harborer, possessor, or the actual custodian of an animal. "Owner" includes corporations as well as individuals; and
(4)
"Reasonable suspicion" means that it is objectively reasonable for a person to entertain a suspicion, based upon facts, that could cause a reasonable person in a like position, drawing, when appropriate, on the person's training and experience, to suspect animal cruelty, abuse, or neglect.
Acts 2006, ch. 736, § 2.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 1 - MISCELLANEOUS PROVISIONS (§§ 38-1-101 — 38-1-903) › Part 4 - CROSS REPORTING OF ANIMAL CRUELTY (§§ 38-1-401 — 38-1-403) › Section 38-1-402 - Duty to report cruelty, abuse or neglect - No duty to investigate - Confidentiality

(a)
Any state, county or municipal employee of a child or adult protective services agency, while acting in a professional capacity or within the scope of employment, who has knowledge of or observes an animal that the person knows or reasonably suspects has been the victim of cruelty, abuse, or neglect, shall report the known or reasonably suspected animal cruelty, abuse, or neglect to the entity or entities that investigate reports of animal cruelty, abuse, and neglect in that county.
(b)
The report required under subsection (a) may be made within two (2) working days of receiving the information concerning the animal, by facsimile transmission of a written report presented in the form described in §
38-1-403
, or by telephone, if all of the information that is required to be provided pursuant to §
38-1-403
is furnished. In cases where an immediate response may be necessary in order to protect the health and safety of the animal or others, the report may be made by telephone as soon as possible.
(c)
Unless a duty exists under current law, nothing in this section shall be construed to impose a duty to investigate known or reasonably suspected animal cruelty, abuse, or neglect.
(d)
Nothing in this part shall expand or limit confidentiality requirements under existing law relative to child or adult protective services. The name of any employee of a child or adult protective services agency who reports known or reasonably suspected animal cruelty, abuse or neglect shall remain confidential.
Acts 2006, ch. 736, § 3.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 1 - MISCELLANEOUS PROVISIONS (§§ 38-1-101 — 38-1-903) › Part 4 - CROSS REPORTING OF ANIMAL CRUELTY (§§ 38-1-401 — 38-1-403) › Section 38-1-403 - Reporting form - Telephone reports - Single report if cruelty, abuse or neglect witnessed by more than one person - No impact on accepted hunting, fishing, livestock and veterinarian practices

(a)
If not made by telephone, reports made pursuant to §
38-1-402(a)
may be made on a preprinted form prepared by the entity or entities that investigate reports of animal cruelty, abuse, and neglect in that county, that includes the definitions contained in §
38-1-401
and a space for the reporter to include each of the following:
(1)
The reporter's name and title;
(2)
The reporter's business address and telephone number;
(3)
The name, if known, of the animal's owner or custodian;
(4)
The location of the animal and the premises on which the known or reasonably suspected animal cruelty, abuse, or neglect took place;
(5)
A description of the location of the animal and the premises;
(6)
The type and numbers of animals involved;
(7)
A description of the animal and its condition; and
(8)
The date, time, and a description of the observation or incident that led the reporter to suspect animal cruelty, abuse, or neglect and any other information the reporter believes may be relevant.
(b)
Any employee making a report or telephone call pursuant to this part shall make all reasonable efforts to include the information delineated in subsection (a). Nothing in this section shall be construed to impose a duty to investigate known or reasonably suspected animal cruelty, abuse, or neglect.
(c)
When two (2) or more employees of a state, county or municipal child or adult protective services agency are present and jointly have knowledge of known or reasonably suspected animal cruelty, abuse, or neglect, and where there is agreement among them, by mutual agreement, a report may be made by one (1) person. Any reporter who has knowledge that the person designated to report has failed to do so may thereafter make the report.
(d)
(1)
Nothing in this part shall be construed as prohibiting legal hunting and fishing activities.
(2)
Nothing in this part shall be construed as prohibiting the owner of livestock as defined in §
43-1-114(b)
, or someone acting with consent of the owner of livestock, from engaging in usual and customary practices that are accepted by colleges of agriculture or veterinary medicine with respect to livestock, nor shall this part be construed as requiring the reporting of those practices.
(3)
Nothing in this part shall be construed to apply to a veterinarian or veterinary technician engaged in accepted veterinary practices.
Amended by 2014 Tenn. Acts, ch. 568,s 3, eff. 3/21/2014.
Acts 2006, ch. 736, § 4.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 1 - MISCELLANEOUS PROVISIONS (§§ 38-1-101 — 38-1-903) › Part 5 - RACIAL PROFILING PREVENTION ACT (§§ 38-1-501 — 38-1-503) › Section 38-1-501 - Short title

This part shall be known and may be cited as the "Racial Profiling Prevention Act."
Added by 2015 Tenn. Acts, ch. 335,s 1, eff. 5/4/2015.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 1 - MISCELLANEOUS PROVISIONS (§§ 38-1-101 — 38-1-903) › Part 5 - RACIAL PROFILING PREVENTION ACT (§§ 38-1-501 — 38-1-503) › Section 38-1-502 - Part definitions

As used in this part:
(1)
"Law enforcement agency":
(A)
Means a lawfully established state or local public agency that:
(i)
Is responsible for preventing and detecting crime and enforcing laws or local ordinances; and
(ii)
Has employees who are authorized to make arrests for crimes while acting within the scope of their authority; and
(B)
Includes an institution considered a "law enforcement agency" pursuant to §
49-7-118
; and
(2)
"Racial profiling" means the detention or interdiction of an individual in traffic contacts, field contacts, or asset seizure and forfeiture efforts solely on the basis of the individual's actual or perceived race, color, ethnicity, or national origin.
Added by 2015 Tenn. Acts, ch. 335,s 1, eff. 5/4/2015.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 1 - MISCELLANEOUS PROVISIONS (§§ 38-1-101 — 38-1-903) › Part 5 - RACIAL PROFILING PREVENTION ACT (§§ 38-1-501 — 38-1-503) › Section 38-1-503 - Adoption of written policy prohibiting racial profiling

Each law enforcement agency shall adopt a written policy that prohibits racial profiling by its employees. Each agency shall adopt its written policy on or before January 1, 2016.
Added by 2015 Tenn. Acts, ch. 335,s 1, eff. 5/4/2015.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 1 - MISCELLANEOUS PROVISIONS (§§ 38-1-101 — 38-1-903) › Part 6 - PROVIDING CALLER LOCATIONS IN EMERGENCIES (§§ 38-1-601 — 38-1-604) › Section 38-1-601 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Department" means the department of commerce and insurance; and
(2)
"Wireless telecommunications service provider" means a provider of commercial mobile radio service as defined by
47 CFR 20.3
.
Acts 2012, ch. 815, § 2.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 1 - MISCELLANEOUS PROVISIONS (§§ 38-1-101 — 38-1-903) › Part 6 - PROVIDING CALLER LOCATIONS IN EMERGENCIES (§§ 38-1-601 — 38-1-604) › Section 38-1-602 - Wireless telecommunications service provider to provide call location information to law enforcement agency - Obtaining contact information for all service providers

(a)
Upon request of a law enforcement agency, a wireless telecommunications service provider shall provide call location information concerning the telecommunications device of the user in order for the requesting law enforcement agency to respond to a call for emergency services or an emergency situation that involves the risk of death or serious physical harm. The wireless telecommunications service provider shall provide the most accurate call location information available, given the technical and other limitations that may affect the accuracy of the call location information in the relevant area.
(b)
The department shall obtain contact information for all wireless telecommunications service providers authorized to do business in this state in order to facilitate a request from a law enforcement agency for call location information in accordance with this section.
(c)
When requested by a law enforcement agency, the public safety answering point of the enhanced 911 statewide system, authorized by title 7, chapter 86, part 3, shall assist the agency in obtaining call location information from wireless telecommunications service providers. Such assistance shall be provided only upon the requesting agency providing information establishing that the call location information is necessary to assist the agency in responding to a call for emergency services or to an emergency situation that involves the risk of death or serious physical harm.
Acts 2012, ch. 815, § 2.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 1 - MISCELLANEOUS PROVISIONS (§§ 38-1-101 — 38-1-903) › Part 6 - PROVIDING CALLER LOCATIONS IN EMERGENCIES (§§ 38-1-601 — 38-1-604) › Section 38-1-603 - Liability of wireless telecommunications service provider

No cause of action shall lie in any court against any wireless telecommunications service provider, its officers, employees, agents, or other specified persons for providing call location information while acting in good faith and in accordance with this part. A wireless telecommunications service provider shall not be obligated to make an affirmative determination that the requesting law enforcement agency or public safety answering point has met the threshold requirements of this part.
Acts 2012, ch. 815, § 2.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 1 - MISCELLANEOUS PROVISIONS (§§ 38-1-101 — 38-1-903) › Part 6 - PROVIDING CALLER LOCATIONS IN EMERGENCIES (§§ 38-1-601 — 38-1-604) › Section 38-1-604 - Adoption of rules

The commissioner of commerce and insurance shall adopt rules, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, relative to the notice and disclosure requirements provided in this part.
Acts 2012, ch. 815, § 2.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 1 - MISCELLANEOUS PROVISIONS (§§ 38-1-101 — 38-1-903) › Part 7 - IMMUNITY FROM CIVIL LIABILITY (§ 38-1-701) › Section 38-1-701 - Immunity from civil liability for defect or malfunction in software program for registration of non-communicative person with law enforcement

(a)
Notwithstanding any law to the contrary, a person or entity does not have a cause of action against a local government or the officers, employees, or agents of a local government for any defect or malfunction in a software program intended to assist families of non-communicative persons register the non-communicative person with law enforcement in order to ensure the non-communicative person's safety, when the program was designed and distributed in good faith by the local government and without cost to the recipient local government or user of the program.
(b)
No immunity conferred pursuant to subsection (a) attaches if the cause of action is based on gross negligence, willful misconduct, or bad faith.
Added by 2019 Tenn. Acts, ch. 141, s 1, eff. 4/5/2019.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 1 - MISCELLANEOUS PROVISIONS (§§ 38-1-101 — 38-1-903) › Part 8 - TENNESSEE BUSINESSES AGAINST TRAFFICKING (§§ 38-1-801 — 38-1-802) › Section 38-1-801 - Tennessee Businesses Against Trafficking

(a)
The secretary of state shall establish and implement a program designated as the Tennessee Businesses Against Trafficking program to engage participating corporations and other private entities in voluntary efforts to identify, prevent, and combat human trafficking.
(b)
The secretary of state shall present a certificate of recognition to a participating corporation or private entity to recognize the corporation's or entity's contributions to the efforts of federal, state, and local officials engaged in combatting human trafficking and prosecuting human trafficking crimes.
(c)
A corporation or other private entity that participates in the program shall:
(1)
Adopt a zero-tolerance policy toward human trafficking;
(2)
Take measures to ensure that the corporation's or entity's employees comply with rules promulgated by the secretary of state's office related to the program;
(3)
Participate in training and public awareness and education campaigns;
(4)
Enhance awareness of and encourage participation in the program; and
(5)
Share with the secretary of state best practices that are effective in combatting human trafficking.
(d)
The secretary of state shall work collaboratively with other state agencies and advisory councils to promote the program.
Added by 2023 Tenn. Acts, ch. 177, s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 1 - MISCELLANEOUS PROVISIONS (§§ 38-1-101 — 38-1-903) › Part 8 - TENNESSEE BUSINESSES AGAINST TRAFFICKING (§§ 38-1-801 — 38-1-802) › Section 38-1-802 - Rules

The secretary of state may promulgate rules as necessary to implement this part. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Added by 2023 Tenn. Acts, ch. 177, s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 1 - MISCELLANEOUS PROVISIONS (§§ 38-1-101 — 38-1-903) › Part 9 - SEXUAL ASSAULT RESPONSE TEAM ACT (§§ 38-1-901 — 38-1-903) › Section 38-1-901 - Short title

This part is known and may be cited as the "Sexual Assault Response Team Act."
Added by 2023 Tenn. Acts, ch. 212, s 1, eff. 4/25/2023.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 1 - MISCELLANEOUS PROVISIONS (§§ 38-1-101 — 38-1-903) › Part 9 - SEXUAL ASSAULT RESPONSE TEAM ACT (§§ 38-1-901 — 38-1-903) › Section 38-1-902 - Part definitions

As used in this part:
(1)
"Adult" means a person who is eighteen (18) years of age or older or otherwise emancipated;
(2)
"Sexual assault" means a criminal offense under title 39, chapter 13, part 5, involving unlawful sexual penetration or unwanted sexual contact;
(3)
"Sexual assault response team (SART)" means a multidisciplinary team convened to strengthen and improve the collaborative response and enhance the community response, safety, and judicial outcome for the sexual assault survivor;
(4)
"Sexual contact" means the same as defined in §
39-13-501
; and
(5)
"Sexual penetration" means the same as defined in §
39-13-501
.
Added by 2023 Tenn. Acts, ch. 212, s 1, eff. 4/25/2023.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 1 - MISCELLANEOUS PROVISIONS (§§ 38-1-101 — 38-1-903) › Part 9 - SEXUAL ASSAULT RESPONSE TEAM ACT (§§ 38-1-901 — 38-1-903) › Section 38-1-903 - SART team meetings - Members - Confidential meetings

(a)
By January 1, 2024, each local law enforcement agency must begin collaboration between existing law enforcement agency resources and available community resources as an adult sexual assault response team (SART), which will assist in identifying gaps in service and improving response systems for sexual assault involving adult victims that occur within the agency's jurisdiction. A team may meet, in person or by telephone or virtual means, periodically as needed.
(b)
A team may include members who respond to and work with victims and have expertise in a variety of disciplines relevant to sexual assault response. A SART may include, but is not limited to:
(1)
Victim advocates;
(2)
Law enforcement;
(3)
Criminal prosecutors;
(4)
Healthcare services providers; and
(5)
Mental health services providers.
(c)
(1)
Except by court order or as provided in subdivision (c)(2), communications occurring at a SART meeting are confidential and not subject to title 10, chapter 7.
(2)
This subsection (c) does not prevent the district attorney general and counsel for a defendant from providing to each other in a pending criminal case, where the constitutional rights of the defendant require it, information which otherwise would be held confidential under this subsection (c).
Added by 2023 Tenn. Acts, ch. 212, s 1, eff. 4/25/2023.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 2 - SELF DEFENSE (§§ 38-2-101 — 38-2-103) › Section 38-2-101 - Lawful resistance - By whom made

Lawful resistance to the commission of a public offense may be made by the party about to be injured, or by others.
Code 1858, § 4928; Shan., § 6889; Code 1932, § 11413; T.C.A. (orig. ed.), § 38-101.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 2 - SELF DEFENSE (§§ 38-2-101 — 38-2-103) › Section 38-2-102 - Resistance by party about to be injured

Resistance sufficient to prevent the offense may be made by the party about to be injured to prevent an:
(1)
Offense against the party's person; or
(2)
Illegal attempt by force to take or injure property in the party's lawful possession.
Code 1858, § 4929; Shan., § 6890; Code 1932, § 11414; T.C.A. (orig. ed.), § 38-102.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 2 - SELF DEFENSE (§§ 38-2-101 — 38-2-103) › Section 38-2-103 - Resistance by others

Any other person, in aid or defense of the person about to be injured, may make resistance sufficient to prevent the offense.
Code 1858, § 4930; Shan., § 6891; Code 1932, § 11415; T.C.A. (orig. ed.), § 38-103.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 3 - PUBLIC OFFICERS PREVENTING COMMISSION OF OFFENSES (§§ 38-3-101 — 38-3-123) › Section 38-3-101 - Methods of preventing offenses

Public offenses may be prevented by the intervention of the officers of justice by:
(1)
Requiring security to keep the peace; and
(2)
Suppressing riots, unlawful assemblies and breaches of the peace.
Code 1858, § 4931; Shan., § 6892; Code 1932, § 11416; T.C.A. (orig. ed.), § 38-201.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 3 - PUBLIC OFFICERS PREVENTING COMMISSION OF OFFENSES (§§ 38-3-101 — 38-3-123) › Section 38-3-102 - Duties of sheriff

(a)
The sheriff is the principal conservator of the peace in the sheriff's county. It is the sheriff's duty to suppress all affrays, riots, routs, unlawful assemblies, insurrections, or other breaches of the peace, to do which the sheriff may summon to such sheriff's aid as many of the inhabitants of the county as such sheriff thinks proper.
(b)
It shall be the duty of the sheriffs, in their respective counties, by themselves or deputies, to patrol the roads of the county, to ferret out crimes, to secure evidence of crimes, and to apprehend and arrest criminals.
Code 1858, § 4933; Shan., § 6894; Code 1932, § 11418; T.C.A. (orig. ed.), § 38-202; Acts 2005, ch. 142, § 2.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 3 - PUBLIC OFFICERS PREVENTING COMMISSION OF OFFENSES (§§ 38-3-101 — 38-3-123) › Section 38-3-103 - Other conservators of the peace

The judicial and ministerial officers of justice in the state, and the mayor, aldermen, marshals and police of cities and towns, and the director, commissioner, or similar head of any metropolitan or municipal police department, whether elected or appointed, are also conservators of the peace, and are required to aid in the prevention and suppression of public offenses, and for this purpose may act with all the power of the sheriff.
Code 1858, § 4934; Shan., § 6895; Code 1932, § 11419; Acts 1968, ch. 434, § 1; T.C.A. (orig. ed.), § 38-203.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 3 - PUBLIC OFFICERS PREVENTING COMMISSION OF OFFENSES (§§ 38-3-101 — 38-3-123) › Section 38-3-104 - Officers may command aid

All officers authorized to execute judicial process, who find, or have reason to apprehend, that resistance will be made to the execution of judicial process, may command the aid of the inhabitants as prescribed in §
38-3-102
for suppressing riots.
Code 1858, § 4935; Shan., § 6896; Code 1932, § 11420.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 3 - PUBLIC OFFICERS PREVENTING COMMISSION OF OFFENSES (§§ 38-3-101 — 38-3-123) › Section 38-3-105 - Acts by persons aiding officers

Whenever the officers of justice are authorized to act in the prevention of public offenses, other persons who, by command of the officers of justice, act in aid of the officers of justice, are justified in so doing.
Code 1858, § 4932; Shan., § 6893; Code 1932, § 11417; T.C.A. (orig. ed.), § 38-205.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 3 - PUBLIC OFFICERS PREVENTING COMMISSION OF OFFENSES (§§ 38-3-101 — 38-3-123) › Section 38-3-106 - Refusal to obey command to aid officers

Any person commanded to aid, under this chapter, any magistrate or officer, who without good cause refuses or neglects to obey such command, commits a Class C misdemeanor.
Code 1858, § 4937; Shan., § 6898; Code 1932, § 11422; T.C.A. (orig. ed.), § 38-206; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 3 - PUBLIC OFFICERS PREVENTING COMMISSION OF OFFENSES (§§ 38-3-101 — 38-3-123) › Section 38-3-107 - Neglect of duty by officer

Any magistrate or officer, having notice of any unlawful act provided against in this chapter, who neglects or refuses to do the magistrate's or officer's duty in the prevention of the public offense commits a Class C misdemeanor.
Code 1858, § 4938; Shan., § 6899; Code 1932, § 11423; T.C.A. (orig. ed.), § 38-207; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 3 - PUBLIC OFFICERS PREVENTING COMMISSION OF OFFENSES (§§ 38-3-101 — 38-3-123) › Section 38-3-108 - Duty to arrest

It is the duty of all peace officers who know, or have reason to suspect, any person of being armed with the intention of committing a riot or affray, or of assaulting, wounding, or killing another person, or of otherwise breaking the peace, to arrest such person immediately, and take such person before the court of general sessions.
Code 1858, § 4939 (deriv. Acts 1825, ch. 19, § 1); Shan., § 6900; Code 1932, § 11424; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 38-208.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 3 - PUBLIC OFFICERS PREVENTING COMMISSION OF OFFENSES (§§ 38-3-101 — 38-3-123) › Section 38-3-109 - Bond to keep the peace

A person arrested pursuant to §
38-3-108
shall be required to give bond in not less than two hundred fifty dollars ($250), nor more than two thousand dollars ($2,000), with good security, to keep the peace; and, on failing or refusing so to give the required bail, the person shall be committed to jail until bail is given, or the person is otherwise discharged according to law.
Code 1858, § 4940 (deriv. Acts 1825, ch. 19, §§ 1, 5); Shan., §6901; Code 1932, § 11425; T.C.A. (orig. ed.), § 38-209.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 3 - PUBLIC OFFICERS PREVENTING COMMISSION OF OFFENSES (§§ 38-3-101 — 38-3-123) › Section 38-3-110 - Form of bond - Scire facias upon forfeiture

The bonds required to be given by §
38-3-109
shall be made payable to the state, filed in the office of the circuit or criminal court clerk, and, upon forfeiture, the district attorney general shall cause scire facias to issue on the forfeiture, and the amount collected by the sheriff shall be paid to the county trustee for county purposes.
Code 1858, § 4942 (deriv. Acts 1825, ch. 19, § 3); Shan., § 6903; Code 1932, § 11427; T.C.A. (orig. ed.), § 38-210.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 3 - PUBLIC OFFICERS PREVENTING COMMISSION OF OFFENSES (§§ 38-3-101 — 38-3-123) › Section 38-3-111 - Officer failing to perform duties prescribed in sections 38-3-108, 38-3-109

Any peace officer who knowingly fails or refuses to perform the duties required by §
38-3-108
or §
38-3-109
commits a Class C misdemeanor.
Code 1858, § 4941 (deriv. Acts 1825, ch. 19, § 6); Shan., § 6902; Code 1932, § 11426; T.C.A. (orig. ed.), § 38-211; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 3 - PUBLIC OFFICERS PREVENTING COMMISSION OF OFFENSES (§§ 38-3-101 — 38-3-123) › Section 38-3-112 - Power of governor to order posse or military force from other county

If it appears to the governor that the power of any county is not sufficient to enable the sheriff to execute process delivered to that sheriff, the governor may, on the application of the sheriff, order a posse or military force as is necessary from any other county or counties.
Code 1858, § 4936; Shan., § 6897; Code 1932, § 11421; T.C.A. (orig. ed.), § 38-212.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 3 - PUBLIC OFFICERS PREVENTING COMMISSION OF OFFENSES (§§ 38-3-101 — 38-3-123) › Section 38-3-113 - Federal officer making arrest for nonfederal offenses - POST-certified law enforcement officer making arrest outside of officer's jurisdiction

(a)
A sworn federal law enforcement officer, who in official capacity is authorized by law to make arrests, shall, when making an arrest in this state for a nonfederal offense, have the same legal status and immunity from suit as a state or local law enforcement officer if the arrest is made under the following circumstances:
(1)
The officer reasonably believes that the person arrested has committed a felony in the officer's presence or is committing a felony in the officer's presence;
(2)
The officer reasonably believes the person arrested has committed a misdemeanor that amounts to a breach of the peace in the officer's presence or is committing such a misdemeanor in the officer's presence; or
(3)
The officer is rendering assistance to a law enforcement officer of this state in an emergency or at the request of the officer.
(b)
A POST-certified law enforcement officer in this state who is employed full-time by a county, municipality, or metropolitan form of government and authorized to make arrests shall, when making an arrest in this state for a crime that was committed outside of the law enforcement officer's jurisdiction, have the same legal status and immunity from suit as a state or local law enforcement officer making an arrest within the state or local law enforcement officer's jurisdiction if the arrest is made under the following circumstances:
(1)
The officer reasonably believes that the person arrested has committed a felony in the officer's presence or is committing a felony in the officer's presence;
(2)
The officer reasonably believes the person arrested has committed a misdemeanor that amounts to a breach of the peace in the officer's presence or is committing a misdemeanor that amounts to a breach of the peace in the officer's presence; or
(3)
The officer is rendering assistance to a law enforcement officer of this state in an emergency or at the request of the officer.
Amended by 2021 Tenn. Acts, ch. 336, s 1, eff. 5/4/2021.
Acts 1989, ch. 135, § 1.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 3 - PUBLIC OFFICERS PREVENTING COMMISSION OF OFFENSES (§§ 38-3-101 — 38-3-123) › Section 38-3-114 - Acting as peace officers for the office of homeland security

(a)
The office of homeland security may apply to the commissioner of safety, to commission such number of its officers who directly support state, federal, and local law enforcement activities involved in countering or responding to acts of terrorism, as the office shall designate, to act as peace officers for the office of homeland security.
(b)
The commissioner, upon such application, may appoint such person as the office of homeland security designates, or as many people as the governor deems proper to be such peace officers, and shall give commissions to those appointed.
(c)
Each such officer, throughout every county in the state, shall have and exercise, for the sole purpose of carrying out the scope of assigned duties as specified or limited within the exclusive judgment of the office of homeland security, all the powers of a peace officer, including the power to make arrests for public offenses anywhere in the state. Further, such officers may serve process in criminal and penal prosecutions for such offenses, and shall have authority to carry weapons for the reasonable purposes of their offices and while in the performance of their assigned duties.
(d)
The keepers of jails in any county or municipality where a violation occurs, for which any such arrest is made by an officer of the homeland security office, shall receive all persons arrested by such officers to be dealt with according to law, and persons so arrested shall be received by keepers of jails on the same basis and shall have the same status as prisoners arrested by any other law enforcement officer.
(e)
Every officer so appointed shall, when on duty, have in the officer's possession a badge and identification card identifying the officer as an officer of the office of homeland security, and the officer shall exhibit the badge and identification card on demand and before making an arrest within a reasonable time.
(f)
When the office of homeland security no longer requires the services of the peace officer so appointed, it shall file a notice to that effect with the commissioner's office. Thereupon, the powers of such peace officer shall cease and terminate.
(g)
Homeland security officers appointed under this section must complete appropriate initial training and recurrent law enforcement training substantially equivalent to the requirements of the Tennessee peace officers standards and training commission.
Acts 2004, ch. 593, § 1.