reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 14 - RIGHTS OF DEFENDANTS (§§ 40-14-101 — 40-14-317) › Part 2 - COUNSEL FOR INDIGENTS (§§ 40-14-201 — 40-14-210) › Section 40-14-208 - Applications for reimbursement or compensation

(a)
Each attorney seeking reimbursement or compensation under this part shall file an application with the trial court stating in detail the nature and amount of the expenses claimed, supporting the claim with receipts showing payment of the expenses and stating the nature and extent of services performed including those in connection with any preliminary hearing.
(b)
Any attorney rendering services or incurring expenses incident to any appeal and seeking compensation or reimbursement therefor shall file an application with the appellate court stating in detail the matters required in applications to trial courts and any other information as the rules of the court require.
(c)
All applications for compensation or reimbursement shall also state any payments made or to be made to the applicant by or on behalf of the accused, and the court, in fixing compensation, shall take those payments into account.
(d)
A certified copy of the court order fixing any compensation or approving any expenses under this part, along with a true copy of the attorney's application, shall be forwarded to the administrative director of the courts, who shall audit and review the order and application, and upon finding payment to be in order, process the payment of compensation and expenses out of money appropriated for that purpose.
Acts 1965, ch. 217, §§ 11-14; T.C.A., §§ 40-2024 -- 40-2027; Acts 1993, ch. 66, § 53.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 14 - RIGHTS OF DEFENDANTS (§§ 40-14-101 — 40-14-317) › Part 2 - COUNSEL FOR INDIGENTS (§§ 40-14-201 — 40-14-210) › Section 40-14-209 - Reimbursement for public defenders

The state shall reimburse counties, metropolitan governments and municipalities having public defenders for the operation of the public defenders offices in accordance with procedures and subject to the limitations provided in §
8-14-110
.
Acts 1965, ch. 217, § 15; 1978, ch. 859, § 1; T.C.A., § 40-2028; Acts 1992, ch. 965, § 3.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 14 - RIGHTS OF DEFENDANTS (§§ 40-14-101 — 40-14-317) › Part 2 - COUNSEL FOR INDIGENTS (§§ 40-14-201 — 40-14-210) › Section 40-14-210 - Charges for defraying costs of representing indigent defendants

(a)
(1)
In every misdemeanor and felony prosecution instituted in counties having a population in excess of four hundred fifty thousand (450,000), according to the 1980 federal census or any subsequent federal census, there shall be collected a twelve-dollar-and-fifty-cent cost for the purpose of defraying the costs of legal representation and support services provided indigent defendants in criminal proceedings.
(2)
This section shall take effect in counties with a population of not more than seven hundred fifty thousand (750,000) and not less than four hundred fifty thousand (450,000), according to the 1980 federal census, or any subsequent federal census upon approval by two-thirds (2/3) vote of the metropolitan council of Nashville-Davidson County.
(3)
This section shall take effect in any county with approval by two-thirds (2/3) vote of the county legislative body.
(b)
It is the duty of the clerk of every court having jurisdiction of state misdemeanors and felonies to include in every misdemeanor and felony cost bill the twelve-dollar-and-fifty-cent charge which shall be remitted to the county government, except in counties that are part of a multiple county judicial district as defined in §
16-2-506
, in which case this charge shall be remitted to the office of the executive director of the district public defenders conference for the purpose of providing supplemental funding for the office of the district public defender within that judicial district. It is the legislative intent of this subsection (b) that these funds shall not revert to the state general fund but shall instead be carried forward for the purpose for which they were originally intended.
(c)
All costs collected by county government pursuant to this section shall be used for providing representation and support services to indigent defendants in criminal proceedings.
(d)
Any county may supplement the funds of the district public defender system to represent indigent defendants in criminal prosecution. The costs collected by the county under this section shall be supplemental and in addition to any funds received under this chapter or under title 8, chapter 14, relative to public defenders, for services rendered by the public defender and assistants to the indigent.
(e)
This section does not apply to nonmoving traffic violations.
(f)
In every misdemeanor and felony prosecution in which the privilege tax for the criminal injuries compensation fund established by §
40-24-107
is also levied, the cost imposed by this section shall not be construed as having priority over collection of that privilege tax.
Acts 1982, ch. 726, § 1; T.C.A., § 40-2045; Acts 1983, ch. 343, §§ 1-3; 1988, ch. 957, §§ 1, 2; 1992, ch. 965, §§ 5, 6; 2002, ch. 691, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 14 - RIGHTS OF DEFENDANTS (§§ 40-14-101 — 40-14-317) › Part 3 - TRANSCRIPTS AND COURT REPORTERS (§§ 40-14-301 — 40-14-317) › Section 40-14-301 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Administrative director" means the administrative director of the courts;
(2)
"Court" means any court of this state exercising jurisdiction over any criminal action which is punishable by confinement in the state penitentiary;
(3)
"Criminal case" means the trial of any criminal offense which is punishable by confinement in the state penitentiary and any proceeding for the writ of habeas corpus wherein the unlawful confinement is alleged to be in a state, county or municipal institution; and
(4)
"Judge" means the judge of any court of this state exercising jurisdiction over any criminal action which is punishable by confinement in the state penitentiary.
Acts 1965, ch. 221, § 1; T.C.A., § 40-2029; Acts 1993, ch. 66, § 54.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 14 - RIGHTS OF DEFENDANTS (§§ 40-14-101 — 40-14-317) › Part 3 - TRANSCRIPTS AND COURT REPORTERS (§§ 40-14-301 — 40-14-317) › Section 40-14-302 - Designation of reporters

The judge of each court of this state shall designate one (1) or more persons to act as court reporters to serve at the pleasure of the judge. The number of reporters who may be so designated by each judge shall be determined by the administrative director.
Acts 1965, ch. 221, § 2; T.C.A., § 40-2030; Acts 1993, ch. 66, § 55.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 14 - RIGHTS OF DEFENDANTS (§§ 40-14-101 — 40-14-317) › Part 3 - TRANSCRIPTS AND COURT REPORTERS (§§ 40-14-301 — 40-14-317) › Section 40-14-303 - Qualifications of reporters - Seminars

(a)
The qualifications of court reporters shall be determined in accordance with standards formulated by the administrative director.
(b)
The administrative director is authorized to conduct training or educational seminars for persons designated as court reporters pursuant to §
40-14-302
and to require their attendance at training or educational seminars.
Acts 1965, ch. 221, § 3; T.C.A., § 40-2031; Acts 1985, ch. 14, § 1; 1993, ch. 66, §§ 56, 57.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 14 - RIGHTS OF DEFENDANTS (§§ 40-14-101 — 40-14-317) › Part 3 - TRANSCRIPTS AND COURT REPORTERS (§§ 40-14-301 — 40-14-317) › Section 40-14-304 - Auxiliary reporters

Each judge, with the approval of the administrative director, may designate auxiliary reporters who may serve when there is more reporting work than can be performed promptly by the regularly designated reporters or when the regularly designated reporters are unable to attend court. The auxiliary reporters shall be paid on a per diem basis under scales to be fixed by the administrative director.
Acts 1965, ch. 221, § 4; T.C.A., § 40-2032; Acts 1993, ch. 66, § 58.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 14 - RIGHTS OF DEFENDANTS (§§ 40-14-101 — 40-14-317) › Part 3 - TRANSCRIPTS AND COURT REPORTERS (§§ 40-14-301 — 40-14-317) › Section 40-14-305 - Combination of duties

If any judge and the administrative director find that it is in the public interest that the duties of the court reporter be combined with those of any other employee of the court or of the judge of the court, the administrative director may authorize the combination of duties and fix additional compensation for the performance of the added duties of acting as court reporter.
Acts 1965, ch. 221, § 5; T.C.A., § 40-2033; Acts 1993, ch. 66, § 59.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 14 - RIGHTS OF DEFENDANTS (§§ 40-14-101 — 40-14-317) › Part 3 - TRANSCRIPTS AND COURT REPORTERS (§§ 40-14-301 — 40-14-317) › Section 40-14-306 - Approved reporting methods to be prescribed

The administrative director shall prescribe or approve methods for the taking of verbatim records of proceedings under this part. Any such method shall be of a nature that an accurate written transcript can be prepared from that method.
Acts 1965, ch. 221, § 6; T.C.A., § 40-2034; Acts 1993, ch. 66, § 60.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 14 - RIGHTS OF DEFENDANTS (§§ 40-14-101 — 40-14-317) › Part 3 - TRANSCRIPTS AND COURT REPORTERS (§§ 40-14-301 — 40-14-317) › Section 40-14-307 - Duties of designated reporter - Party permitted private reporter

(a)
A designated reporter shall attend every stage of each criminal case before the court and shall record verbatim, by a method prescribed or approved by the administrative director, all proceedings had in open court and other proceedings as the judge may direct. The reporter shall attach the reporter's official certificate to the records so taken and promptly file them with the clerk of the court, who shall preserve them as a part of the records of the trial.
(b)
A party at the party's own expense may retain a reporter other than the reporter provided under this part to record and transcribe the proceedings and a transcript so prepared may be used for purpose of appeal, as provided by law.
Acts 1965, ch. 221, § 7; T.C.A., § 40-2035; Acts 1993, ch. 66, § 61.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 14 - RIGHTS OF DEFENDANTS (§§ 40-14-101 — 40-14-317) › Part 3 - TRANSCRIPTS AND COURT REPORTERS (§§ 40-14-301 — 40-14-317) › Section 40-14-308 - Habeas corpus proceedings

In the event a proceeding for the writ of habeas corpus is commenced in any court which has not authorized a court reporter under this part, the judge of that court shall immediately notify the administrative director of the commencement of the proceedings and the administrative director shall immediately arrange for a court reporter to record the proceedings. In courts where habeas corpus proceedings are filed on a recurring basis, the administrative director may make arrangements for reporters without the necessity of case-by-case notification by the judge.
Acts 1965, ch. 221, § 8; T.C.A., § 40-2036; Acts 1993, ch. 66, § 62.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 14 - RIGHTS OF DEFENDANTS (§§ 40-14-101 — 40-14-317) › Part 3 - TRANSCRIPTS AND COURT REPORTERS (§§ 40-14-301 — 40-14-317) › Section 40-14-309 - Partial transcript of record

Upon the direction of the court in the case of an indigent defendant or at the request of any party who has agreed to pay the fee for a transcript, a court reporter designated by the court shall transcribe from the original records the parts of the proceedings as are requested in the manner prescribed in the Tennessee Rules of Appellate Procedure.
Acts 1965, ch. 221, § 9; 1981, ch. 449, § 2; T.C.A., § 40-2037.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 14 - RIGHTS OF DEFENDANTS (§§ 40-14-101 — 40-14-317) › Part 3 - TRANSCRIPTS AND COURT REPORTERS (§§ 40-14-301 — 40-14-317) › Section 40-14-310 - Supervision of reporters

The court reporters shall be subject to the supervision of the appointing judge in the performance of their duties, including dealings with the parties requesting transcripts. The administrative director may by rule prescribe reports to be filed by reporters.
Acts 1965, ch. 221, § 10; T.C.A., § 40-2038; Acts 1993, ch. 66, § 63.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 14 - RIGHTS OF DEFENDANTS (§§ 40-14-101 — 40-14-317) › Part 3 - TRANSCRIPTS AND COURT REPORTERS (§§ 40-14-301 — 40-14-317) › Section 40-14-311 - Minimum compensation payable to court reporters

The minimum compensation payable to court reporters with at least ten (10) years of experience or court reporters holding the designation licensed court reporter (LCR), as defined in §
20-9-602
, issued by the Tennessee board of court reporting is set at the following rates:
(1)
For a full-day appearance, three hundred fifty dollars ($350); and
(2)
For a half-day appearance, one hundred seventy-five dollars ($175).
Amended by 2019 Tenn. Acts, ch. 467,s 1, eff. 7/1/2019.
Acts 1965, ch. 221, § 11; T.C.A., § 40-2039; Acts 1993, ch. 66, § 64.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 14 - RIGHTS OF DEFENDANTS (§§ 40-14-101 — 40-14-317) › Part 3 - TRANSCRIPTS AND COURT REPORTERS (§§ 40-14-301 — 40-14-317) › Section 40-14-312 - Fees for transcripts - Transcripts for indigent defendants

The fee rate that may be charged and collected by a court reporter for transcripts is four dollars ($4.00) per page. If the defendant prays and is granted an appeal and is determined by the trial judge to be without sufficient funds to pay for the preparation of the transcript of the proceedings, the trial judge shall direct the court reporter to furnish the defendant a complete transcript of the proceedings, the fee for which shall be paid by this state out of money appropriated for that purpose. The reporter may require any party requesting a transcript to pay the estimated fee in advance except as to transcripts which are to be paid for by this state.
Amended by 2019 Tenn. Acts, ch. 467, s 2, eff. 7/1/2019.
Acts 1965, ch. 221, § 12; T.C.A., § 40-2040; Acts 1993, ch. 66, § 65.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 14 - RIGHTS OF DEFENDANTS (§§ 40-14-101 — 40-14-317) › Part 3 - TRANSCRIPTS AND COURT REPORTERS (§§ 40-14-301 — 40-14-317) › Section 40-14-313 - Rules - Application for fees and expenses

The administrative director shall adopt rules to implement this part, which rules shall, among other things, prescribe the form and content of applications for the payment of all court reporter fees and other expenses charged to the state under this part. All applications shall be submitted to, audited and reviewed by the administrative director and shall be paid upon the administrative director's approval of the fees and expenses.
Acts 1965, ch. 221, § 13; T.C.A., § 40-2041; Acts 1993, ch. 66, § 66.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 14 - RIGHTS OF DEFENDANTS (§§ 40-14-101 — 40-14-317) › Part 3 - TRANSCRIPTS AND COURT REPORTERS (§§ 40-14-301 — 40-14-317) › Section 40-14-314 - Recording equipment

The administrative director is authorized, upon a determination of a need therefor and upon certification of a judge that no qualified court reporter is available to record the proceedings in any court in the judge's district, to purchase, out of money appropriated for that purpose, the recording equipment as may be necessary to carry out the purpose of this part and to formulate all necessary rules and regulations for its use, maintenance and replacement. Any certification by a judge and determination of need by the administrative director shall be reviewed not less than annually. If a qualified court reporter should become available to attend the court, it is the duty of the judge so to certify to the administrative director. Any recording equipment purchased under this section shall remain the property of the state of Tennessee and be under the direct control and supervision of the administrative director.
Acts 1965, ch. 221, § 14; T.C.A., § 40-2042; Acts 1993, ch. 66, § 67.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 14 - RIGHTS OF DEFENDANTS (§§ 40-14-101 — 40-14-317) › Part 3 - TRANSCRIPTS AND COURT REPORTERS (§§ 40-14-301 — 40-14-317) › Section 40-14-315 - Contracts authorized for verbatim transcripts without using court reporters

Whenever the administrative director and the judge or judges in a particular area determine that accurate verbatim transcripts could be more economically, expeditiously and efficiently provided in the particular area by entering into contracts for that purpose rather than by utilizing the designation of court reporters as provided in this part, then, in those instances, the administrative director is authorized to enter into those contracts for and on behalf of the state of Tennessee on the terms and conditions as the administrative director deems appropriate for the accomplishment of the purposes of this part.
Acts 1965, ch. 221, § 15; T.C.A., § 40-2043; Acts 1993, ch. 66, § 68.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 14 - RIGHTS OF DEFENDANTS (§§ 40-14-101 — 40-14-317) › Part 3 - TRANSCRIPTS AND COURT REPORTERS (§§ 40-14-301 — 40-14-317) › Section 40-14-316 - Use of videotape equipment during preliminary stages preceding trial

In addition to the use of videotape equipment to record court proceedings as set forth within Supreme Court Rule 26, the supreme court is authorized and encouraged to permit, in appropriate situations, the use of video equipment and recordings during the preliminary stages preceding trial for any criminal offense including, but not necessarily limited to, bail hearings, arraignments, hearings wherein a defendant's guilty plea is entered and accepted by the court without trial, and other proceedings before the criminal court preliminary to trial.
Acts 1997, ch. 314, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 14 - RIGHTS OF DEFENDANTS (§§ 40-14-101 — 40-14-317) › Part 3 - TRANSCRIPTS AND COURT REPORTERS (§§ 40-14-301 — 40-14-317) › Section 40-14-317 - Defendant in criminal case entitled to court reporter

Notwithstanding the Tennessee Supreme Court Rules, Rule 26 or any other law to the contrary, a defendant in a criminal case, as defined by §
40-14-301
, is entitled to have a court reporter pursuant to §
40-14-302
, or a licensed court reporter pursuant to title 20, chapter 9, part 6 to record verbatim all proceedings that occur in open court and such other proceedings as the judge may direct.
Acts 2011, ch. 188, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 15 - PRETRIAL DIVERSION (§§ 40-15-101 — 40-15-107) › Section 40-15-101 - Default of defendant

(a)
When a capias has been returned not to be found, and in felony cases when, before or after conviction, the defendant breaks jail or forfeits the bond for appearance, the court may strike the cause from the docket, and give judgment against the state for the costs as the state is bound to pay in case of nolle prosequi or acquittal of the defendant.
(b)
The cause shall not be discontinued by such judgment. If the defendant is afterwards taken or comes into the state, a capias or other process shall run against the defendant and the case be proceeded with as if it had not been stricken from the docket.
Code 1858, §§ 5193, 5194; Shan., §§ 7157, 7158; Code 1932, §§ 11719, 11720; T.C.A. (orig. ed.), §§ 40-2103, 40-2104.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 15 - PRETRIAL DIVERSION (§§ 40-15-101 — 40-15-107) › Section 40-15-102 - Pretrial diversion meetings

The parties to any possible criminal trial may meet to discuss the possibility of pretrial diversion as contained in this part.
Acts 1975, ch. 352, § 1; T.C.A., § 40-2105.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 15 - PRETRIAL DIVERSION (§§ 40-15-101 — 40-15-107) › Section 40-15-103 - Deferring pending proceedings

Upon stipulation of the parties, the court shall defer for a reasonable time any pending proceedings in the prosecution so that the procedures under §§
40-15-102
- 40-15-105 may be pursued.
Acts 1975, ch. 352, § 2; T.C.A., § 40-2106.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 15 - PRETRIAL DIVERSION (§§ 40-15-101 — 40-15-107) › Section 40-15-104 - Pretrial investigation

(a)
Upon stipulation of the parties, the trial court by order may direct any county, municipal or authorized private agency, available for this purpose, or the department of correction if no local agency is available, to conduct an investigation of the defendant's background. In counties having a metropolitan form of government and in counties having a population of over six hundred thousand (600,000), according to the 1970 federal census or any subsequent federal census, the county, municipal or authorized private agency shall conduct any investigation of the defendant's background, but, this sentence shall be implemented within the existing level of funding to the department of correction. The order shall specify the purpose and scope of the procedure and the matters to be covered, and shall direct that the results of any investigation be embodied in a written report, copies of which shall be made available to the parties.
(b)
In counties where there is a pretrial release program in operation, the agency responsible for the operation of that program shall be the agency to conduct the background investigation ordered by the court, and the order shall so stipulate. In counties which have a local county probation officer paid for by local funds, the county probation officer shall be the agency responsible for conducting the background investigation as ordered by the trial court.
Acts 1975, ch. 352, § 3; 1979, ch. 396, §§ 1-3; T.C.A., § 40-2107; Acts 1998, ch. 1049, §§17, 18; 2012 , ch. 727, § 11.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 15 - PRETRIAL DIVERSION (§§ 40-15-101 — 40-15-107) › Section 40-15-106 - Certification that defendant not disqualified by prior conviction, pretrial diversion or expunged offense

(a)
No memorandum of understanding may be approved by the court on or after July 1, 1998, unless there is attached to it a certificate from the Tennessee bureau of investigation stating that according to its expunged criminal offender and pretrial diversion database the defendant has not:
(1)
Had a prior disqualifying felony or misdemeanor conviction;
(2)
Previously been granted pretrial diversion under this chapter; and
(3)
Had the public records of a disqualifying criminal offense that was dismissed expunged pursuant to chapter 32 of this title or §
40-35-313
.
(b)
The certificate provided by the bureau pursuant to this section is only a certification that according to its expunged criminal offender and pretrial diversion database the defendant is not disqualified under the criteria set out in subsection (a). The certificate is not a certification that the defendant is eligible for diversion pursuant to this chapter and it shall continue to be the duty of the district attorney general and judge to make sufficient inquiry into the defendant's background to determine diversion eligibility.
Acts 1998, ch. 1099, § 6.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 15 - PRETRIAL DIVERSION (§§ 40-15-101 — 40-15-107) › Section 40-15-107 - Uniform application for pretrial diversion

The administrative office of the courts, in consultation with the Tennessee district attorneys general conference and the Tennessee association of criminal defense lawyers, shall create a statewide uniform application for use in pretrial diversion.
Acts 2000, ch. 813, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 16 - IMMUNITY FROM PROSECUTION (§§ 40-16-101 — 40-16-102) › Section 40-16-101 - Trial by court-martial as bar

All members of the armed forces of the United States who have been tried and convicted or acquitted by a military court-martial for any offense constituting a misdemeanor under the laws of this state shall be immune from any criminal prosecution in any court of this state for the same offense for which they have been so tried. "Members of the armed forces of the United States" includes all officers and enlisted personnel of the army, navy, air force, marine corps and coast guard while on active duty and also includes any and all persons subject to trial by court-martial under the Uniform Code of Military Justice, whether a civilian, reservist, or member of any other federal agency.
Acts 1953, ch. 108, §§ 1, 2 (Williams, § 11744.1); T.C.A. (orig. ed.), § 40-2305.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 16 - IMMUNITY FROM PROSECUTION (§§ 40-16-101 — 40-16-102) › Section 40-16-102 - Conviction not barring prosecution for previous offenses

A conviction, judgment and execution for any one (1) offense is no bar to a prosecution for any other public offense committed previously, not necessarily included in the offense for which the defendant was convicted.
Code 1858, §5274; Shan., § 7250; Code 1932, § 11856; T.C.A. (orig. ed.), § 40-2306.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 17 - EVIDENCE AND WITNESSES (§§ 40-17-101 — 40-17-212) › Part 1 - GENERAL PROVISIONS (§§ 40-17-101 — 40-17-125) › Section 40-17-101 - Voice stress analysis inadmissible in criminal proceedings

(a)
As used in this section, "voice stress analysis" means the use of a device that has the ability to electronically analyze the responses of an individual to a specific set of questions and to record the analysis, both digitally and on a graph.
(b)
Voice stress analysis and testimony regarding voice stress analysis shall not be admissible as evidence in any criminal proceeding.
Added by 2014 Tenn. Acts, ch. 928,s 2, eff. 7/1/2014.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 17 - EVIDENCE AND WITNESSES (§§ 40-17-101 — 40-17-212) › Part 1 - GENERAL PROVISIONS (§§ 40-17-101 — 40-17-125) › Section 40-17-102 - Remote testimony by forensic analyst

(a)
As used in this section:
(1)
"Forensic analyst" means an expert in the scientific detection of crime; and
(2)
"Remote testimony" means any method by which a forensic analyst testifies from a location other than the location where the hearing or trial is being conducted and outside the physical presence of a party or parties.
(b)
The court may permit remote testimony by a forensic analyst in any criminal proceeding only if:
(1)
The state has provided a copy of any report produced by the forensic analyst that the state is seeking to admit into evidence through remote testimony to the defendant at least fifteen (15) days prior to the proceeding;
(2)
The defendant agrees to permit remote testimony;
(3)
The court finds that the defendant's agreement was knowing and voluntary; and
(4)
The court and the state agree to permit remote testimony.
(c)
Any remote testimony conducted under this section must allow all parties to observe the demeanor of the analyst as the analyst testifies in a similar manner as if the analyst were testifying in the location where the hearing or trial is being conducted. The court shall ensure that the defendant has a full and fair opportunity for examination and cross-examination of the analyst.
Added by 2021 Tenn. Acts, ch. 501,s 1, eff. 7/1/2021.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 17 - EVIDENCE AND WITNESSES (§§ 40-17-101 — 40-17-212) › Part 1 - GENERAL PROVISIONS (§§ 40-17-101 — 40-17-125) › Section 40-17-103 - Failure of defendant to testify

The failure of the party defendant to make a request to testify and to testify in the defendant's own behalf shall not create any presumption against the defendant.
Acts 1887, ch. 79, § 2; Shan., § 5601; Code 1932, § 9783; T.C.A. (orig. ed.), § 40-2403.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 17 - EVIDENCE AND WITNESSES (§§ 40-17-101 — 40-17-212) › Part 1 - GENERAL PROVISIONS (§§ 40-17-101 — 40-17-125) › Section 40-17-104 - Petition for protective order prohibiting the defendant and defendant's counsel from publishing victim, informant, or witness's name, contact information, or statements at any time prior to or during trial - Issuance of protective order - Violation

(a)
If a district attorney general is required to disclose to the defendant information including the name, contact information, or statements of a victim of a sexual offense under title 39, chapter 13, part 5; law enforcement informant, or witness who is expected to testify against a defendant charged with a crime involving a weapon or the use of force, then the district attorney general may petition the court for a protective order prohibiting the defendant and the defendant's counsel from publishing the victim, informant, or witness's name, contact information, or statements at any time prior to or during the trial. The petition must:
(1)
Be certified or supported by an affidavit of the victim, informant, or witness;
(2)
Identify the specific information that should be subject to prohibition from publication; and
(3)
Show good cause for issuing the protective order, which may include that allowing the defendant to publish the information is likely to result in coercion, intimidation, or harassment designed to discourage the victim, informant, or witness from testifying at trial or appearing as a witness.
(b)
If, after reviewing the petition, the court finds there is good cause for prohibiting the publishing of the information, then the court shall issue the protective order expressly limiting the publication of the victim, informant, or witness's information at any time prior to or during the trial.
(c)
This section does not restrict the right of a defendant or defendant's counsel to conduct an investigation or interviews to be used at trial.
(d)
A person who knowingly violates a protective order issued pursuant to this section commits a Class E felony.
Added by 2021 Tenn. Acts, ch. 586,s 1, eff. 7/1/2021.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 17 - EVIDENCE AND WITNESSES (§§ 40-17-101 — 40-17-212) › Part 1 - GENERAL PROVISIONS (§§ 40-17-101 — 40-17-125) › Section 40-17-105 - Meeting witnesses face to face - Compulsory process

As provided by the Constitution of Tennessee, the accused, in all criminal prosecutions, has a right to meet the witnesses face to face, and to have compulsory process for obtaining witnesses in the accused's favor.
Code 1858, § 5377; Shan., § 7355; Code 1932, § 11959; T.C.A. (orig. ed.), § 40-2405.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 17 - EVIDENCE AND WITNESSES (§§ 40-17-101 — 40-17-212) › Part 1 - GENERAL PROVISIONS (§§ 40-17-101 — 40-17-125) › Section 40-17-106 - Endorsement of names of witnesses

It is the duty of the district attorney general to endorse on each indictment or presentment, at the term at which the indictment or presentment is found, the names of the witnesses as the district attorney general intends shall be summoned in the cause, and sign each indictment or presentment name thereto.
Code 1858, § 5596; Shan., § 7637; Code 1932, § 12266; modified; T.C.A. (orig. ed.), § 40-2047.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 17 - EVIDENCE AND WITNESSES (§§ 40-17-101 — 40-17-212) › Part 1 - GENERAL PROVISIONS (§§ 40-17-101 — 40-17-125) › Section 40-17-107 - Issuance of subpoenas by clerk

(a)
The clerk of the court in which a criminal cause is pending shall issue subpoenas, at any time, to any part of the state, for witnesses as either the district attorney general or the defendant may require.
(b)
The clerk shall also issue a subpoena, without any application, for witnesses whose names are marked as witnesses by the district attorney general upon the indictment.
(c)
The clerk shall issue no subpoena for a witness, on behalf of the state, except witnesses as are so marked or subsequently directed by the district attorney general, in writing, to be summoned.
(d)
This section shall govern when a clerk is required to issue a subpoena in a criminal case in general sessions court. If any local rule of court conflicts with this section, this section shall prevail and the clerk shall issue subpoenas in accordance with this section.
Code 1858, §§ 5381, 5382, 5597 (deriv. Acts 1822, ch. 40, § 1); Shan., §§ 7359, 7360, 7641; Code 1932, §§ 11964, 11965, 12270; modified; T.C.A. (orig. ed.), §§ 40-2408 -- 40-2410; Acts 1997, ch. 377, § 3.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 17 - EVIDENCE AND WITNESSES (§§ 40-17-101 — 40-17-212) › Part 1 - GENERAL PROVISIONS (§§ 40-17-101 — 40-17-125) › Section 40-17-108 - Date of attendance of witnesses

(a)
It is the duty of the clerks of the circuit and criminal courts to designate on the dockets of their several courts the days on which the criminal cases in those courts will be called for trial, subject to the direction and control of the judges of those courts, and subpoenas for witnesses shall require their attendance only upon the day designated for the trial of the particular case in which they are summoned.
(b)
It is the duty of the clerks of the circuit or criminal court to subpoena witnesses in causes set for trial, to appear on the day fixed for trial, at the first term that the causes are placed upon the docket. It shall not be necessary to resubpoena the witnesses to subsequent terms, but they shall be required to attend at subsequent terms, upon the day fixed for the trial of the causes, and from day to day of the terms as required by the court, until the causes are disposed of.
(c)
It is the duty of the district attorney general and the clerk, in summoning witnesses in state cases, to specify the day on which they are required to attend, and to use all proper precautions to diminish the cost as much as possible.
(d)
If for any reason the case or cases so set for trial shall not be tried on the day fixed, it is the duty of the court, by special order, to designate some other day on which the case will be tried; and, in the absence of a special order, it shall not be necessary for witnesses to attend the court, and if they shall attend without a special order, it shall be at their own option. It is the duty of the district attorney general and the clerk to ensure that every reasonable effort has been made to notify witnesses of any change in the date set for trial. Notice shall be given at least ten (10) days in advance of the new date set for trial.
Code 1858, § 5600 (deriv. Acts 1843, 1844, ch. 215, § 5); Acts 1879, ch. 157, §§ 1, 2; Shan., §§ 7638, 7639, 7644; Code 1932, §§ 11966, 12267, 12268, 12273; modified; T.C.A. (orig. ed.), §§ 40-2411 -- 40-2414; Acts 1983, ch. 333, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 17 - EVIDENCE AND WITNESSES (§§ 40-17-101 — 40-17-212) › Part 1 - GENERAL PROVISIONS (§§ 40-17-101 — 40-17-125) › Section 40-17-109 - Service of subpoena

The subpoena is served by the same officers as the subpoena in civil cases.
Code 1858, § 5384; Shan., § 7362; mod. Code 1932, § 11969; T.C.A. (orig. ed.), § 40-2415.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 17 - EVIDENCE AND WITNESSES (§§ 40-17-101 — 40-17-212) › Part 1 - GENERAL PROVISIONS (§§ 40-17-101 — 40-17-125) › Section 40-17-110 - Duration of attendance

(a)
Witnesses subpoenaed are bound to attend from term to term until the case is disposed of; but if a judgment is rendered in the case, which is reversed by the supreme court, or in the case of a mistrial, new subpoenas must be issued for the state witnesses, and also for the defendant's witnesses on the defendant's application.
(b)
Witnesses shall so attend until discharged by law, by the court, or by the party by whom they are summoned.
Code 1932, §§ 11967, 11968; T.C.A. (orig. ed.), §§ 40-2417, 40-2418.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 17 - EVIDENCE AND WITNESSES (§§ 40-17-101 — 40-17-212) › Part 1 - GENERAL PROVISIONS (§§ 40-17-101 — 40-17-125) › Section 40-17-111 - Forfeiture of recognizance on default

The undertaking or recognizance of witnesses is forfeited and enforced like the undertaking and recognizance of bail as provided in §§
29-32-107
- 29-32-109, 40-11-201, and 40-11-202.
Code 1858, § 5387; Shan., § 7365; Code 1932, § 11972; T.C.A. (orig. ed.), § 40-2420.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 17 - EVIDENCE AND WITNESSES (§§ 40-17-101 — 40-17-212) › Part 1 - GENERAL PROVISIONS (§§ 40-17-101 — 40-17-125) › Section 40-17-112 - Fees for state witnesses

All witnesses entitled to compensation under §§
40-25-106
and
40-25-129
appearing for the state under subpoena, either before a magistrate or the grand jury, or on an indictment found, are to have the same compensation for their attendance as in civil cases, unless otherwise provided.
Code 1858, § 5391 (deriv. Acts 1855-1856, ch. 63, § 2); Shan., § 7366; mod. Code 1932, § 11973; T.C.A. (orig. ed.), § 40-2421.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 17 - EVIDENCE AND WITNESSES (§§ 40-17-101 — 40-17-212) › Part 1 - GENERAL PROVISIONS (§§ 40-17-101 — 40-17-125) › Section 40-17-113 - Fees allowed for days fixed by court - Maximum number of days

No fees shall be allowed witnesses for attendance on any other day or days than those fixed in the subpoena or in orders of the court. Not more than three (3) days' attendance shall be taxed in any one (1) week in favor of any one (1) witness in one (1) case, except witnesses attending from other counties, unless required to remain more than three (3) days by order of the court.
Acts 1879, ch. 157, § 2; Shan., § 7640; Code 1932, § 12269; T.C.A. (orig. ed.), § 40-2422.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 17 - EVIDENCE AND WITNESSES (§§ 40-17-101 — 40-17-212) › Part 1 - GENERAL PROVISIONS (§§ 40-17-101 — 40-17-125) › Section 40-17-114 - Proof of attendance

The witness shall prove attendance, in open court, by oath before the clerk that the witness has not, directly or indirectly, personally procured summons as a witness, that the witness was legally summoned on behalf of the state and has verily attended the court, as a witness, the number of days claimed.
Code 1858, § 5394; Shan., § 7369; Code 1932, § 11975; T.C.A. (orig. ed.), § 40-2424.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 17 - EVIDENCE AND WITNESSES (§§ 40-17-101 — 40-17-212) › Part 1 - GENERAL PROVISIONS (§§ 40-17-101 — 40-17-125) › Section 40-17-115 - Certification of fees to designated witnesses

The district attorney general and judge shall not certify any witness fees against the state, except for those witnesses as shall be so endorsed or subsequently directed by the district attorney general, in writing, to be summoned, nor without actual inspection of the orders.
Code 1858, § 5598; Shan., § 7642; Code 1932, § 12271; modified; T.C.A. (orig. ed.), § 40-2425.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 17 - EVIDENCE AND WITNESSES (§§ 40-17-101 — 40-17-212) › Part 1 - GENERAL PROVISIONS (§§ 40-17-101 — 40-17-125) › Section 40-17-116 - Certificate required for payment of witness fees

The commissioner of finance and administration shall issue no warrant for the payment of costs of witnesses, unless the certificate of the judge and district attorney general show that the inspection took place.
Code 1858, § 5599; Shan., § 7643; Code 1932, § 12272; impl. am. Acts 1937, ch. 33, §§ 24, 29; C. Supp. 1950, § 12272; modified; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 40-2426.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 17 - EVIDENCE AND WITNESSES (§§ 40-17-101 — 40-17-212) › Part 1 - GENERAL PROVISIONS (§§ 40-17-101 — 40-17-125) › Section 40-17-117 - Proof of incorporation

(a)
In the trial of criminal cases, it shall not be necessary for the state to prove the incorporation of any corporation mentioned in the indictment or presentment, unless the defendant within thirty (30) days after indictment or presentment, if defendant be under bond, or within thirty (30) days after arrest on capias, denies the existence of the corporation by a sworn plea.
(b)
On all trials for offenses where the existence of a corporation must be shown, a legally authenticated copy of the charter of the corporation, or a book purporting to be the public statute book of the United States, or of the particular state in which the charter is printed, shall be prima facie evidence of the existence of the corporation.
Code 1858, § 5379 (deriv. Acts 1829, ch. 23, § 70); Shan., § 7357; Code 1932, §§ 11961, 11962; T.C.A. (orig. ed.), §§ 40-2439, 40-2440.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 17 - EVIDENCE AND WITNESSES (§§ 40-17-101 — 40-17-212) › Part 1 - GENERAL PROVISIONS (§§ 40-17-101 — 40-17-125) › Section 40-17-118 - Confiscated stolen property

(a)
Personal property confiscated as stolen property by a lawful officer of the state, a county or a municipality of the state to be held as evidence of a crime shall be promptly appraised, catalogued and photographed by the law enforcement agency retaining custody of the property.
(b)
The lawful officer of the state, county or municipality, in order to detain the property from the lawful owner, for whatever reason, more than thirty (30) days, shall show cause to the judge having jurisdiction over the property by petition filed by the district attorney general upon five (5) days' notice to the property owner why the property should be further detained. The court may grant or refuse the requested impounding order upon the terms and conditions as are adjudged to be proper.
(c)
The state, county or municipal authority holding the property shall be responsible for the return of the property to the lawful owner and shall be liable in damages to the owner of the property in the event of damage or destruction occasioned by the delay in the return of the property.
Acts 1973, ch. 317, §§ 1-3; T.C.A. §§ 40-2442 -- 40-2444.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 17 - EVIDENCE AND WITNESSES (§§ 40-17-101 — 40-17-212) › Part 1 - GENERAL PROVISIONS (§§ 40-17-101 — 40-17-125) › Section 40-17-120 - Prior statements of witnesses - Requiring production

(a)
After a witness called by either the state or the defendant in a criminal case has testified on direct examination, the court shall, on motion, order the state or the defense to produce any statement of the witness in the state's or the defense's possession which relates to the subject matter as to which the witness has testified. Upon request by the state or the defense made upon calling a witness and in advance of direct testimony, the court shall first inspect the statement in camera to determine if it contains matter relating to the subject matter of the testimony. The court shall excise those portions which do not relate to the subject matter of the testimony; however, in the event of conviction and appeal, on motion by either party, the entire statement shall be made available to the reviewing courts. If the party calling a witness elects not to comply with this subsection (a), the court shall have the witness withdraw and shall not allow any direct testimony.
(b)
"Statement," as used in this section, means:
(1)
A written statement made by a witness and signed, or otherwise adopted or approved by the witness; or
(2)
A stenographic, mechanical, electrical or other recording of a statement, or a transcript or summary of the statement, which is an essentially verbatim recital of an oral statement made by the witness.
Acts 1976, ch. 628, §§ 1, 2; 1978, ch. 711, § 1; T.C.A. § 40-2446.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 17 - EVIDENCE AND WITNESSES (§§ 40-17-101 — 40-17-212) › Part 1 - GENERAL PROVISIONS (§§ 40-17-101 — 40-17-125) › Section 40-17-121 - Sexual penetration or contact - Victim under 13 years of age

If the alleged victim of a sexual penetration or sexual contact within the meaning of §
39-13-501
is less than thirteen (13) years of age, the victim shall, regardless of consent, not be considered to be an accomplice to sexual penetration or sexual contact, and no corroboration of the alleged victim's testimony shall be required to secure a conviction if corroboration is necessary solely because the alleged victim consented.
Acts 1991, ch. 253, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 17 - EVIDENCE AND WITNESSES (§§ 40-17-101 — 40-17-212) › Part 1 - GENERAL PROVISIONS (§§ 40-17-101 — 40-17-125) › Section 40-17-122 - Subpoenas - Rules of Criminal Procedure

Rule 17 of the Rules of Criminal Procedure shall govern when a clerk or other authorized officer of the court is required to issue a subpoena in a criminal case in criminal court and the consequences of a person's refusal to appear, testify or produce evidence when subpoenaed shall be governed pursuant to that rule. If any local rule of court conflicts with Rule 17, Rule 17 shall prevail and the clerk or other authorized officer of the court shall issue subpoenas and the judge shall punish the refusal to respond to subpoenas in accordance with the rule.
Acts 1997 , ch. 377, § 4.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 17 - EVIDENCE AND WITNESSES (§§ 40-17-101 — 40-17-212) › Part 1 - GENERAL PROVISIONS (§§ 40-17-101 — 40-17-125) › Section 40-17-124 - Sex offenses where victim is less than thirteen (13)

(a)
Notwithstanding any rule or statute to the contrary, in a criminal case:
(1)
If the defendant is charged with any sex offense specified in §§
39-13-502
- 39-13-506; 39-13-511, provided that the offense of public indecency or indecent exposure constitutes a Class A misdemeanor or Class E felony violation; 39-13-513 - 39-13-516; 39-13-522; 39-13-527; 39-13-528; or 39-15-302; or is charged with the offense of attempting, soliciting or conspiring to commit any sex offense;
(2)
If the victim is less than thirteen (13) years of age;
(3)
If the defendant possesses a prior conviction for any sex offense described in §§
39-13-502
- 39-13-506 and 39-13-511; provided, that the offense of public indecency or indecent exposure constitutes a Class A misdemeanor or Class E felony violation, 39-13-513 - 39-13-516; 39-13-522; 39-13-527; 39-13-528; or 39-15-302, or a prior conviction for attempting, soliciting or conspiring to commit any sex offense; and
(4)
If the victim of the prior offense was also less than thirteen (13) years of age;
then evidence of the defendant's prior conviction is admissible and may be considered for its bearing on any matter to which it is relevant, subject to Rule 403 of the Tennessee Rules of Evidence.
(b)
Notwithstanding any rule or statute to the contrary, in a case in which the state intends to offer evidence under this section, the state shall disclose the evidence to the defendant including a summary of the substance of any testimony that is expected to be offered, at least fifteen (15) days before the scheduled date of trial or at a later time as the court may allow for good cause.
(c)
Nothing in this section shall be construed to limit the admissibility or consideration of evidence under any other rule or statute.
Acts 2004, ch. 817, § 1.