reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 38 - VICTIMS' RIGHTS (§§ 40-38-101 — 40-38-613) › Part 2 - VICTIM IMPACT STATEMENT ACT (§§ 40-38-201 — 40-38-208) › Section 40-38-204 - Notification of opportunity to present impact statement - Policy - Development of impact statement form

(a)
If a defendant is convicted of a felony involving one (1) or more identifiable victims who suffered death or physical, emotional, or financial injury, the department of correction shall ensure notification of the victim or the victim representative and advise the victim or victim representative of the opportunity to present a victim impact statement.
(b)
The department shall establish a policy concerning the victim impact statement. This policy shall include the development of a uniform victim impact statement form. In developing the form, the department shall first consult with the executive director of the district attorneys general conference.
Acts 1993, ch. 438, § 4.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 38 - VICTIMS' RIGHTS (§§ 40-38-101 — 40-38-613) › Part 2 - VICTIM IMPACT STATEMENT ACT (§§ 40-38-201 — 40-38-208) › Section 40-38-205 - Impact statement to be part of presentence report - Contents - Number of statements

Prior to imposition of sentence in a felony case, the department of correction shall prepare a written victim impact statement as part of the presentence report on the defendant. The statement shall include applicable information obtained during consultation with the victim or the victim representative. If the victim or victim representative cannot be located or declines to participate in the preparation of the statement, the department shall include a notation to that effect in the statement. If there are multiple victims and preparation of individual victim impact statements is not feasible, the department may submit one (1) or more representative statements.
Acts 1993, ch. 438, § 5.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 38 - VICTIMS' RIGHTS (§§ 40-38-101 — 40-38-613) › Part 2 - VICTIM IMPACT STATEMENT ACT (§§ 40-38-201 — 40-38-208) › Section 40-38-206 - Filing of presentence report

The presentence report shall be filed with the clerk of the court within ten (10) days prior to the sentencing hearing as provided in §
40-35-208
.
Acts 1993, ch. 438, § 6.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 38 - VICTIMS' RIGHTS (§§ 40-38-101 — 40-38-613) › Part 2 - VICTIM IMPACT STATEMENT ACT (§§ 40-38-201 — 40-38-208) › Section 40-38-207 - Impact statement to be considered as evidence

Any victim impact statement submitted to the court under §
40-38-205
shall be considered as evidence in determining whether the mitigating factors in §
40-35-113
and the enhancement factors in §
40-35-114
apply.
Acts 1993, ch. 438, § 7.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 38 - VICTIMS' RIGHTS (§§ 40-38-101 — 40-38-613) › Part 2 - VICTIM IMPACT STATEMENT ACT (§§ 40-38-201 — 40-38-208) › Section 40-38-208 - Submission of statement or cooperation in preparation of statement not required

This part shall not be construed to require a victim or victim representative to submit a victim impact statement or to cooperate in the preparation of a victim impact statement.
Acts 1993, ch. 438, § 8.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 38 - VICTIMS' RIGHTS (§§ 40-38-101 — 40-38-613) › Part 3 - CONSTITUTIONAL RIGHTS OF VICTIMS (§§ 40-38-301 — 40-38-303) › Section 40-38-301 - Intent of general assembly

(a)
It is the intent of the general assembly by enactment of this part to implement and make fully operational the provisions of Constitution of Tennessee, Article I, § 35 , relative to the rights of victims of crime. The proposed amendment that became the Constitution of Tennessee, Article I, § 35 was ratified by the voters of Tennessee at the November 3, 1998, general election, but there was some question as to whether it required the general assembly to define certain terms before the amendment could be implemented and in full force and effect.
(b)
It is the further intent of the general assembly that this part only govern the implementation of the Constitution of Tennessee, Article I, § 35. If any other provision of law confers additional, enhanced or more expansive rights upon victims of crime than are set out in this part or the Constitution of Tennessee, Article I, § 35, a victim shall also be entitled to the additional, enhanced or expansive statutory rights.
(c)
If any other provision of law contains a broader definition of "crime," "victim" or "critical stages of the criminal justice process" for any purpose other than implementation of the Constitution of Tennessee, Article I, § 35, the broader definition shall control for such purpose.
Acts 2000, ch. 577, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 38 - VICTIMS' RIGHTS (§§ 40-38-101 — 40-38-613) › Part 3 - CONSTITUTIONAL RIGHTS OF VICTIMS (§§ 40-38-301 — 40-38-303) › Section 40-38-302 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Crime" means:
(A)
Any offense the punishment for which is a Class A, B, C, D or E felony;
(B)
First degree murder; or
(C)
Assault under §
39-13-101(a)(1)
;
(2)
"Critical stages of the criminal justice process" are:
(A)
Bond hearings or bond reduction hearings if hearing from the victim is deemed relevant by the appropriate district attorney general;
(B)
Any hearing on a motion to dismiss or on a plea agreement requiring approval by the trial court;
(C)
The defendant's sentencing hearing;
(D)
Any hearing at which the issue of whether the defendant should pay restitution or the amount of restitution that should be paid is discussed;
(E)
Any parole hearing at which the defendant's release on parole will be discussed or determined; and
(F)
Any other hearing that proposes a final disposition of the case;
(3)
"Family member" means the victim's spouse, natural parent, child, adopted child, grandparent, grandchild, stepparent, adoptive parent, or brother or sister of the whole or half-blood or by adoption. If a "family member" is a minor, the minor may be represented by a guardian where appropriate; and
(4)
(A)
"Victim" means:
(i)
A natural person against whom a crime was committed;
(ii)
If the victim is a minor, then the parent or legal guardian of the minor; or
(iii)
If the victim is deceased or is physically or emotionally unable to exercise the victim's rights, then the following persons, or their designees, in the order of preference in which they are listed:
(a)
A family member; or
(b)
A person who resided with the victim;
(B)
"Victim" does not include any person charged with or alleged to have committed the crime or who is charged with some form of criminal responsibility for commission of the crime.
Acts 2000, ch. 577, § 1; 2008, ch. 1163, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 38 - VICTIMS' RIGHTS (§§ 40-38-101 — 40-38-613) › Part 3 - CONSTITUTIONAL RIGHTS OF VICTIMS (§§ 40-38-301 — 40-38-303) › Section 40-38-303 - Victim's immunity from suit except for testimony that is intentionally and maliciously false and defamatory

(a)
In order for a victim of crime to meaningfully exercise the victim's constitutional right to be heard, when relevant, at all critical stages of the criminal justice process, a victim is immune from civil liability or any civil cause of action brought by the offender that arises from the victim's testimony at the offender's hearing before the board of parole or a panel of the board. The immunity from suit shall not apply if the victim's testimony is intentionally and maliciously false and defamatory.
(b)
(1)
If the offender brings a cause of action against the victim based upon the victim's testimony before the board of parole or a panel of the board, in spite of the immunity conferred by subsection (a), as an attachment to the complaint, the offender shall proffer all statements made by the victim alleged to be intentionally and maliciously false and defamatory. Within five (5) days the court shall examine the offender's complaint to determine if the statements of the victim proffered by the offender could reasonably be construed as sufficient to overcome the victim's immunity conferred by this section.
(2)
If the court finds that the victim's statements to the board of parole or a panel of the board may reasonably be construed as intentionally and maliciously false and defamatory, it shall allow the cause of action to proceed.
(3)
If the court finds that the offender has not produced sufficient evidence to overcome the victim's immunity conferred by subsection (a), it shall dismiss the cause of action with prejudice.
(4)
If the court finds that, not only was the action without merit but was brought for the purpose of intimidating, harassing or abusing the victim in violation of the Constitution of Tennessee, Article I, § 35, it:
(A)
Shall notify the appropriate warden of the offender's institution and recommend disciplinary action against the offender, including the loss of sentence reduction credits; and
(B)
May prohibit the offender from filing any future actions of a similar nature in the court.
Acts 2009, ch. 50, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 38 - VICTIMS' RIGHTS (§§ 40-38-101 — 40-38-613) › Part 4 - SENATOR TOMMY BURKS VICTIM ASSISTANCE ACADEMY (§§ 40-38-401 — 40-38-405) › Section 40-38-401 - Creation

There is created the Senator Tommy Burks victim assistance academy, referred to in this part as the "academy", to be organized and administered in accordance with this part.
Acts 2008, ch. 1077, § 2.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 38 - VICTIMS' RIGHTS (§§ 40-38-101 — 40-38-613) › Part 4 - SENATOR TOMMY BURKS VICTIM ASSISTANCE ACADEMY (§§ 40-38-401 — 40-38-405) › Section 40-38-402 - Expenses - Grants

The academy shall be attached to the Tennessee Coalition Against Domestic and Sexual Violence. All administrative expenses incurred by the academy shall be paid from grants and funds the academy or the Tennessee Coalition Against Domestic Sexual Violence receives pursuant to §
40-38-405
.
Acts 2008 , ch. 1077, § 2.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 38 - VICTIMS' RIGHTS (§§ 40-38-101 — 40-38-613) › Part 4 - SENATOR TOMMY BURKS VICTIM ASSISTANCE ACADEMY (§§ 40-38-401 — 40-38-405) › Section 40-38-403 - Purpose

Notwithstanding its association with the Tennessee Coalition Against Domestic and Sexual Violence, the purpose of the academy is to improve services to victims of all types of crime by making available a comprehensive, basic-level victim assistance curriculum and training program to victim services providers and allied professionals.
Acts 2008, ch. 1077, § 2.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 38 - VICTIMS' RIGHTS (§§ 40-38-101 — 40-38-613) › Part 4 - SENATOR TOMMY BURKS VICTIM ASSISTANCE ACADEMY (§§ 40-38-401 — 40-38-405) › Section 40-38-404 - Funding

Funding for the academy shall come from grants, donations, gifts and appropriations made for that purpose.
Acts 2008, ch. 1077, § 2.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 38 - VICTIMS' RIGHTS (§§ 40-38-101 — 40-38-613) › Part 4 - SENATOR TOMMY BURKS VICTIM ASSISTANCE ACADEMY (§§ 40-38-401 — 40-38-405) › Section 40-38-405 - Use of state funds

The department of finance and administration, office of criminal justice programs, is authorized to make an annual grant from the fund created under §
40-24-107
, to the Tennessee Coalition Against Domestic and Sexual Violence for the purpose of supporting the activities of the academy; provided, however, that no such grant shall be issued unless the coalition submits to the department of finance and administration, office of criminal justice programs, a plan specifying the use of the moneys and the plan is approved by the office of criminal justice programs. In determining whether to approve the plan for any given year, the office of criminal justice programs shall ensure the plan specifies that the money shall be used to benefit victims of all types of crime as provided in §
40-38-403
. The grant authorized in this section shall not exceed one hundred thousand dollars ($100,000) and is subject to authorization contained in the general appropriations act.
Acts 2008, ch. 1077, § 2.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 38 - VICTIMS' RIGHTS (§§ 40-38-101 — 40-38-613) › Part 5 - STATEWIDE AUTOMATED VICTIM INFORMATION AND NOTIFICATION SYSTEM (§§ 40-38-501 — 40-38-507) › Section 40-38-501 - Creation

There is created the statewide automated victim information and notification system, referred to as the "victim notification system" in this part, to be organized and administered in accordance with this part and to make the statewide automated victim information and notification system operational.
Acts 2009, ch. 488, § 2.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 38 - VICTIMS' RIGHTS (§§ 40-38-101 — 40-38-613) › Part 5 - STATEWIDE AUTOMATED VICTIM INFORMATION AND NOTIFICATION SYSTEM (§§ 40-38-501 — 40-38-507) › Section 40-38-502 - System attached to Tennessee sheriffs' association - Payment of administrative expenses out of the statewide automated victim information and notification system fund

The victim notification system shall be attached to the Tennessee sheriffs' association. All administrative expenses incurred by the program shall be paid from grants and funds the Tennessee sheriffs' association receives pursuant to §
40-38-504
and grants authorized by §
40-38-505
from the statewide automated victim information and notification system fund established in §
67-4-602(h)
.
Acts 2009 , ch. 488, § 2.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 38 - VICTIMS' RIGHTS (§§ 40-38-101 — 40-38-613) › Part 5 - STATEWIDE AUTOMATED VICTIM INFORMATION AND NOTIFICATION SYSTEM (§§ 40-38-501 — 40-38-507) › Section 40-38-503 - Purpose

Notwithstanding its association with the Tennessee sheriffs' association, the purpose of the victim notification system is to increase the safety of victims of crime by providing access to timely and reliable information about the custody status of offenders in county jails. This information in the victim notification system shall be available twenty-four (24) hours a day over the telephone, through the internet or by e-mail. Victims of crime and other concerned citizens can register to be notified immediately in the event of an offender's release, transfer or escape.
Acts 2009, ch. 488, § 2.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 38 - VICTIMS' RIGHTS (§§ 40-38-101 — 40-38-613) › Part 5 - STATEWIDE AUTOMATED VICTIM INFORMATION AND NOTIFICATION SYSTEM (§§ 40-38-501 — 40-38-507) › Section 40-38-504 - Funding

Funding for the victim notification system shall come from grants, including grants authorized by §
40-38-505
, donations, gifts and appropriations made for that purpose.
Acts 2009, ch. 488, § 2.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 38 - VICTIMS' RIGHTS (§§ 40-38-101 — 40-38-613) › Part 5 - STATEWIDE AUTOMATED VICTIM INFORMATION AND NOTIFICATION SYSTEM (§§ 40-38-501 — 40-38-507) › Section 40-38-505 - Grants from the statewide automated victim information and notification system fund - Plan for use of the moneys

The department of finance and administration, office of criminal justice programs, is authorized to make an annual grant from the fund created in §
67-4-602(h)(2)
, to the Tennessee sheriffs' association for the purpose of supporting implementation and management of the victim notification system; provided, however, that no such grant shall be issued unless the association submits to the department of finance and administration, office of criminal justice programs, a plan specifying the use of the moneys and the plan is approved by the office of criminal justice programs. The grant authorized in this section is subject to authorization contained in the general appropriations act.
Amended by 2019 Tenn. Acts, ch. 261, s 1, eff. 4/30/2019.
Acts 2009 , ch. 488, § 2.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 38 - VICTIMS' RIGHTS (§§ 40-38-101 — 40-38-613) › Part 5 - STATEWIDE AUTOMATED VICTIM INFORMATION AND NOTIFICATION SYSTEM (§§ 40-38-501 — 40-38-507) › Section 40-38-506 - Computer related expenses

Upon the initial deposit of thirty-four thousand dollars ($34,000) into the victim notification fund from the one dollar ($1.00) additional privilege tax on litigation imposed by §
67-4-602(h)
, thirty-four thousand dollars ($34,000) shall be allocated to the department of revenue for defrayal of computer-related expenses required by implementation of this part.
Acts 2009, ch. 488, § 2.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 38 - VICTIMS' RIGHTS (§§ 40-38-101 — 40-38-613) › Part 5 - STATEWIDE AUTOMATED VICTIM INFORMATION AND NOTIFICATION SYSTEM (§§ 40-38-501 — 40-38-507) › Section 40-38-507 - Criminal proceedings notification system

(a)
As an extension of the existing victim notification system created by this part, the Tennessee sheriffs' association shall establish a criminal proceedings notification system as a pilot program for the purpose of increasing the transparency and efficiency of the criminal justice process by providing timely information about each stage of the criminal process to interested parties.
(b)
The information in the criminal proceedings notification system must be available twenty-four (24) hours per day over the telephone, through the internet, or by email. Any interested party may register with the Tennessee sheriffs' association to be automatically notified:
(1)
At least twenty-four (24) hours before any hearing in the matter for which the person registered, including, but not limited to, bail hearing, pretrial hearings, trial, and sentencing. The notice must include information on what type of hearing will occur and the date, time, and location for the hearing; and
(2)
No more than twenty-four (24) hours after a hearing was conducted in the matter for which the person registered. The notice must include information on whether the hearing occurred as scheduled and, if so, a brief summary of the outcome of the hearing.
(c)
Funding for the criminal proceedings notification system must be appropriated by the general assembly, and moneys from the statewide automated victim information and notification system fund created in §
67-4-602(h)(2)
must not be used for the criminal proceedings notification system.
(d)
The pilot program established by this section begins July 1, 2022, and ends June 30, 2025.
Added by 2022 Tenn. Acts, ch. 1140, s 1, eff. 6/3/2022.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 38 - VICTIMS' RIGHTS (§§ 40-38-101 — 40-38-613) › Part 6 - CRIME VICTIM ADDRESS CONFIDENTIALITY PROGRAM (§§ 40-38-601 — 40-38-613) › Section 40-38-603 - Eligibility to participate in address confidentiality program

A person who is required by law to be registered under any of the following is not eligible to participate in the address confidentiality program:
(1)
Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004, compiled in chapter 39, part 2 of this title;
(2)
Tennessee Animal Abuser Registration Act, compiled in chapter 39, part 1 of this title;
(3)
Registry of persons who have abused, neglected, or misappropriated the property of vulnerable individuals, compiled in title 68, chapter 11, part 10; or
(4)
Drug offender registry under §
39-17-436
.
Added by 2018 Tenn. Acts, ch. 1004,s 1, eff. 3/1/2019.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 38 - VICTIMS' RIGHTS (§§ 40-38-101 — 40-38-613) › Part 6 - CRIME VICTIM ADDRESS CONFIDENTIALITY PROGRAM (§§ 40-38-601 — 40-38-613) › Section 40-38-605 - Notification of change of program participant's address - Renewal of certification

(a)
A program participant shall notify the office of the secretary of state of any change in the participant's residence address and application information within thirty (30) days after any change has occurred by submitting a notice of change to the office of the secretary of state on a form prescribed by the secretary of state. If registered to vote, the applicant shall also complete a change of address form for voter registration purposes.
(b)
The certification of a program participant shall be valid for four (4) years after the date of the filing of the application for the program participant, unless the certification is withdrawn or invalidated before the end of that four-year period.
(c)
A program participant who continues to be eligible to participate in the program may renew the program participant's certification by submitting a renewal application to the secretary of state with or without the assistance of an application assistant. The renewal application shall be on a form prescribed by the secretary of state and shall contain all of the information described in §
40-38-604,
except for the information described in § 40-38-604(b)(6) and (11).
(d)
A co-applicant who was under eighteen (18) years of age when enrolled in the program, but who is at least eighteen (18) years of age at the time the renewal application is submitted, may renew the co-applicant's participation in the program by submitting a renewal application to the secretary of state with the assistance of an application assistant. The renewal application must be on a form prescribed by the secretary of state and contain all of the information described in§
40-38-604
, except for the information described in§
40-38-604(b)(6)
.
(e)
When a program participant renews the program participant's certification, the program participant shall continue to use the program participant's original program participant identification number and substitute address.
Amended by 2024 Tenn. Acts, ch. 620,s 6, eff. 3/27/2024.
Amended by 2024 Tenn. Acts, ch. 620,s 5, eff. 3/27/2024.
Amended by 2024 Tenn. Acts, ch. 620,s 4, eff. 3/27/2024.
Added by 2018 Tenn. Acts, ch. 1004, s 1, eff. 3/1/2019.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 38 - VICTIMS' RIGHTS (§§ 40-38-101 — 40-38-613) › Part 6 - CRIME VICTIM ADDRESS CONFIDENTIALITY PROGRAM (§§ 40-38-601 — 40-38-613) › Section 40-38-610 - Unlawful acts

(a)
A person who falsely attests in an application that disclosure of the confidential address would endanger the safety of the applicant, or the minor or person with a disability on whose behalf the application is made, or who knowingly provides false or incorrect information upon making an application commits perjury.
(b)
Any individual who knowingly discloses a program participant's confidential address, or any other confidential information belonging to a program participant, in violation of this part commits a Class A misdemeanor. Where the disclosure resulted in harm to the program participant, the resulting harm shall be considered an enhancement factor when determining any punishment imposed.
(c)
Any individual who knowingly obtains a program participant's confidential address, or any other confidential information belonging to a program participant, in violation of this part, knowing that the individual is not authorized to obtain the information, commits a Class A misdemeanor. Where the disclosure resulted in harm to the program participant, the resulting harm shall be considered an enhancement factor when determining any punishment imposed.
Added by 2018 Tenn. Acts, ch. 1004,s 1, eff. 3/1/2019.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 38 - VICTIMS' RIGHTS (§§ 40-38-101 — 40-38-613) › Part 6 - CRIME VICTIM ADDRESS CONFIDENTIALITY PROGRAM (§§ 40-38-601 — 40-38-613) › Section 40-38-611 - List of agencies that provide services to victims of domestic abuse or a sexual offense to assist persons applying to be program participants

(a)
The secretary of state shall establish a list of state and local agencies and nonprofit agencies that provide counseling and shelter services to victims of domestic abuse or a sexual offense to assist persons applying to be program participants.
(b)
Notwithstanding any contrary law, a state, local, or nonprofit agency or application assistant that provides counseling, shelter, or any other services to a program participant shall not be required to disclose the confidential address or any other information concerning the program participant for any reason.
(c)
The secretary of state is authorized to promulgate rules under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, pertaining to application assistants and shall provide training and certification as application assistants to representatives of state, local, and nonprofit agencies that provide counseling and shelter services to victims of domestic abuse or a sexual offense. The secretary of state may partner with nonprofit agencies, or other governmental agencies, to provide training or other services in connection with the program.
(d)
Any assistance or counseling rendered to an applicant by the office of the secretary of state shall in no way be construed as legal advice.
Added by 2018 Tenn. Acts, ch. 1004,s 1, eff. 3/1/2019.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 38 - VICTIMS' RIGHTS (§§ 40-38-101 — 40-38-613) › Part 6 - CRIME VICTIM ADDRESS CONFIDENTIALITY PROGRAM (§§ 40-38-601 — 40-38-613) › Section 40-38-612 - Effect of program participation on custody or visitation orders

(a)
Nothing in this part, including participation in the program created by this part, shall affect custody or visitation orders in effect prior to or during program participation.
(b)
Program participation does not constitute evidence of domestic abuse, stalking, human trafficking, or any sexual offense and shall not be considered for purposes of making an order allocating parental responsibilities or parenting time, except that a court may consider practical measures to keep a program participant's confidential address confidential when making an order allocating parental responsibilities or parenting time.
Added by 2018 Tenn. Acts, ch. 1004,s 1, eff. 3/1/2019.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 38 - VICTIMS' RIGHTS (§§ 40-38-101 — 40-38-613) › Part 6 - CRIME VICTIM ADDRESS CONFIDENTIALITY PROGRAM (§§ 40-38-601 — 40-38-613) › Section 40-38-613 - Effect of negligent disclosure of program participant's confidential address - Notification of disclosure

(a)
No actionable duty or any right of action shall accrue against the state, a county, a municipality, an agency of the state or county or municipality, or an employee of the state or county or municipality in the event of negligent disclosure of a program participant's confidential address.
(b)
In the event that the state, a county, a municipality, an agency of the state or county or municipality, or an employee of the state or county or municipality negligently or otherwise unlawfully discloses the program participant's confidential address, such entity must immediately upon learning of the disclosure notify the program participant of the disclosure and the full extent of the disclosure.
Added by 2018 Tenn. Acts, ch. 1004, s 1, eff. 3/1/2019.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 39 - SEXUAL OFFENDER REGISTRATION AND MONITORING (§§ 40-39-101 — 40-39-306) › Part 1 - TENNESSEE ANIMAL ABUSER REGISTRATION ACT (§§ 40-39-101 — 40-39-104) › Section 40-39-101 - Short title

This part shall be known and may be cited as the "Tennessee Animal Abuser Registration Act."
Acts 2015, ch. 413, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 39 - SEXUAL OFFENDER REGISTRATION AND MONITORING (§§ 40-39-101 — 40-39-306) › Part 1 - TENNESSEE ANIMAL ABUSER REGISTRATION ACT (§§ 40-39-101 — 40-39-104) › Section 40-39-102 - Part definitions

As used in this part:
(1)
"Abuser" or "animal abuser" means a person who has been convicted in this state of committing an animal abuse offense;
(2)
"Animal" means a companion animal, and a "non-livestock animal", as defined in §
39-14-201
. "Animal" does not mean "livestock", as defined in §
39-14-201
, or "wildlife", as defined in §
70-1-101
;
(3)
"Animal abuse offense" means:
(A)
Aggravated cruelty to animals, under §
39-14-212
;
(B)
Animal fighting, under §
39-14-203
, where the defendant's act constitutes a felony; and
(C)
A criminal offense against animals, under §
39-14-214
;
(4)
"Companion animal" means any dog, defined as any live dog of the species Canis familiaris, or cat, defined as any live cat of the species Felis catus;
(5)
"Conviction" means a judgment entered by a Tennessee court upon a plea of guilty, a plea of nolo contendere, or a finding of guilt by a jury or the court, notwithstanding any pending appeal or habeas corpus proceeding arising from the judgment. Conviction includes a disposition of pretrial diversion under §
40-15-105
, a disposition of judicial diversion under §
40-35-313
, or the equivalent dispositions from other jurisdictions;
(6)
"Director" means the director of the TBI; and
(7)
"TBI" means the Tennessee bureau of investigation.
Acts 2015, ch. 413, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 39 - SEXUAL OFFENDER REGISTRATION AND MONITORING (§§ 40-39-101 — 40-39-306) › Part 1 - TENNESSEE ANIMAL ABUSER REGISTRATION ACT (§§ 40-39-101 — 40-39-104) › Section 40-39-103 - Publication of list of persons convicted of animal abuse on TBI website - Length of time name maintained on list - Removal of name

(a)
Beginning January 1, 2016, the TBI shall post a publicly accessible list on its website of any person convicted of an animal abuse offense on and after that date.
(b)
(1)
The list shall include a photograph taken of the convicted animal abuser as part of the booking process, the animal abuser's full legal name, and other identifying data as the TBI determines is necessary to properly identify the animal abuser and to exclude innocent persons.
(2)
The list shall not include the abuser's social security number, driver license number, or any other state or federal identification number.
(c)
The court clerks shall forward a copy of the judgment and date of birth of all persons convicted of an animal abuse offense to the TBI within sixty (60) calendar days of the date of judgment.
(d)
(1)
Upon a person's first conviction for an animal abuse offense, the TBI shall maintain the person's name and other identifying information, described in subsection (b), on the list published under subsection (a) for two (2) years following the date of conviction, after which time the TBI shall remove the person's name and identifying information from the list; provided, that the person is not convicted of another animal abuse offense during that two-year period.
(2)
Upon a person's subsequent conviction for an animal abuse offense, the TBI shall maintain the person's name and other identifying information, described in subsection (b), on the list published under subsection (a) for five (5) years following the date of the most recent conviction, after which time the TBI shall remove the person's name and identifying information from the list; provided, that the person is not convicted of another animal abuse offense during that five-year period.
(e)
The list shall remain on the TBI website for such time as determined by the director.
(f)
The TBI shall remove the person's name and identifying information from the registry list if the sole offense for which the person is required to be subject to the mandates of the registry is expunged, pursuant to §
40-32-101
.
Acts 2015 , ch. 413, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 39 - SEXUAL OFFENDER REGISTRATION AND MONITORING (§§ 40-39-101 — 40-39-306) › Part 1 - TENNESSEE ANIMAL ABUSER REGISTRATION ACT (§§ 40-39-101 — 40-39-104) › Section 40-39-104 - Promulgation of rules

The TBI may promulgate rules to effectuate the purposes of this part. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2015, ch. 413, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 39 - SEXUAL OFFENDER REGISTRATION AND MONITORING (§§ 40-39-101 — 40-39-306) › Part 2 - TENNESSEE SEXUAL OFFENDER AND VIOLENT SEXUAL OFFENDER REGISTRATION, VERIFICATION AND TRACKING ACT OF 2004 (§§ 40-39-201 — 40-39-218) › Section 40-39-209 - Removing records from SOR

Except as otherwise provided in §
40-39-207(a)-(d)
, no record shall be removed from the SOR, unless ordered by a court of competent jurisdiction as part of an expunction order pursuant to §
40-32-101
, so long as the offense is eligible for expunction under §
40-32-101
.
Acts 2004, ch. 921, § 1; 2005, ch. 316, § 1; 2008, ch. 1164, § 9.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 39 - SEXUAL OFFENDER REGISTRATION AND MONITORING (§§ 40-39-101 — 40-39-306) › Part 2 - TENNESSEE SEXUAL OFFENDER AND VIOLENT SEXUAL OFFENDER REGISTRATION, VERIFICATION AND TRACKING ACT OF 2004 (§§ 40-39-201 — 40-39-218) › Section 40-39-210 - Death of offender

Upon receipt of notice of the death of a registered offender, verified through the registering agency or TBI officials by obtaining a copy of the offender's certificate of death, by checking the social security death index or by obtaining a copy of an accident report, the TBI shall remove all data pertaining to the deceased offender from the SOR.
Acts 2004, ch. 921, § 1; 2005, ch. 316, § 1; 2008, ch. 1164, § 10.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 39 - SEXUAL OFFENDER REGISTRATION AND MONITORING (§§ 40-39-101 — 40-39-306) › Part 2 - TENNESSEE SEXUAL OFFENDER AND VIOLENT SEXUAL OFFENDER REGISTRATION, VERIFICATION AND TRACKING ACT OF 2004 (§§ 40-39-201 — 40-39-218) › Section 40-39-212 - Registration requirement

(a)
Upon the court's acceptance of a defendant's entry of a plea of guilty or a finding of guilt by a jury or judge after trial, and, notwithstanding the absence of a final sentencing and entry of a judgment of conviction, any defendant who is employed or practices a vocation, establishes a primary or secondary residence or becomes a student in this state and who enters a plea of guilty to a sexual offense as defined by §
40-39-202
or a violent sexual offense as defined by §
40-39-202
, shall be required to register with a registering agency.
(b)
Notwithstanding the absence of a final sentencing and entry of a judgment of conviction, any defendant who is employed or practices a vocation, establishes a primary or secondary residence or becomes a student in this state and who enters a plea of guilty to an offense in another state, county or jurisdiction that may result in a conviction of a sexual offense as defined by §
40-39-202
or a violent sexual offense as defined by §
40-39-202
, shall be required to register with a registering agency.
(c)
Upon the court's acceptance of a defendant's entry of a plea of guilty, and notwithstanding the absence of a final sentencing and entry of a judgment of conviction, any defendant from another state who enters a plea of guilty to an offense in this state that may result in a conviction of a sexual offense as defined by §
40-39-202
or a violent sexual offense as defined by §
40-39-202
, shall be required to register with a registering agency.
(d)
This part shall apply to offenders who received diversion under §
40-35-313
or its equivalent in any other jurisdiction.
Acts 2007, ch. 451, § 1; 2008, ch. 1164, § 12; 2010, ch. 1138, § 12.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 39 - SEXUAL OFFENDER REGISTRATION AND MONITORING (§§ 40-39-101 — 40-39-306) › Part 2 - TENNESSEE SEXUAL OFFENDER AND VIOLENT SEXUAL OFFENDER REGISTRATION, VERIFICATION AND TRACKING ACT OF 2004 (§§ 40-39-201 — 40-39-218) › Section 40-39-213 - Possession of offender identification required

(a)
Every offender required to register pursuant to this part who is a resident of this state, and who is eligible, shall be responsible for obtaining a valid driver license or photo identification card that has been properly designated by the department of safety pursuant to §
55-50-353
. Every offender eligible to receive the license or identification card shall always have the license or identification card in the offender's possession. If the offender is ineligible to be issued a driver license or photo identification card, the department shall provide the offender some other form of identification card or documentation that, if it is kept in the offender's possession, will satisfy the requirements of this section and §
55-50-353
; such identification must be kept in the offender's possession at all times. If any offender is determined to be indigent, an identification card or other documentation in lieu of an identification card shall be issued to the offender at no cost.
(b)
A violation of this section is a Class E felony punishable by fine only of not less than two hundred fifty dollars ($250).
(c)
Every offender required to register pursuant to this part shall have obtained the documentation required by this section and presented it to the offender's registering agency no later than sixty (60) days from the date in which such person is required to register pursuant to this part.
(d)
Notwithstanding any provision of this section to the contrary, no violent juvenile sexual offender shall be required to obtain a photo identification card or a valid driver license that has been properly designated by the department of safety pursuant to §
55-50-353
, until such violent juvenile sexual offender attains eighteen (18) years of age.
Acts 2008, ch. 1143, § 1; 2010, ch. 1138, §§ 13-15; 2011, ch. 483, § 21.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 39 - SEXUAL OFFENDER REGISTRATION AND MONITORING (§§ 40-39-101 — 40-39-306) › Part 2 - TENNESSEE SEXUAL OFFENDER AND VIOLENT SEXUAL OFFENDER REGISTRATION, VERIFICATION AND TRACKING ACT OF 2004 (§§ 40-39-201 — 40-39-218) › Section 40-39-214 - Providing information in registry

(a)
Except as provided in subsection (c), immediately after an offender registers or updates a registration, TBI shall provide all information in the registry about the offender that is made public pursuant to §
40-39-206(d)
to the following:
(1)
The United States attorney general, who shall include that information in the national sex offender registry or other appropriate databases;
(2)
Appropriate law enforcement agencies, including probation and parole offices, and each school and public housing agency, in each area in which the individual resides, is an employee, establishes a physical presence or is a student;
(3)
Each jurisdiction where the sex offender resides, is an employee, establishes a physical presence or is a student and each jurisdiction from or to which a change of residence, employment or student status occurs;
(4)
Any agency responsible for conducting employment-related background checks;
(5)
Social service entities responsible for protecting minors in the child welfare system;
(6)
Volunteer organizations in which contact with minors or other vulnerable individuals might occur; and
(7)
Any organization, company or individual who requests such notifications pursuant to procedures established by TBI.
(b)
In addition to the information provided pursuant to subsection (a), TBI shall provide all information in the registry about the offender, regardless of whether the information is made public pursuant to §
40-39-206(d)
, to the organization described in subdivision (a)(1) and appropriate law enforcement agencies.
(c)
Notwithstanding subsection (a), TBI is not required to provide information to an organization or individual described in subdivision (a)(6) or (a)(7) more frequently than once every five (5) business days and an organization in subdivision (a)(6) or (a)(7) may elect to receive notification less frequently than five (5) business days.
Acts 2008, ch. 1164, § 13; 2011, ch. 483, § 22.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 39 - SEXUAL OFFENDER REGISTRATION AND MONITORING (§§ 40-39-101 — 40-39-306) › Part 2 - TENNESSEE SEXUAL OFFENDER AND VIOLENT SEXUAL OFFENDER REGISTRATION, VERIFICATION AND TRACKING ACT OF 2004 (§§ 40-39-201 — 40-39-218) › Section 40-39-215 - Offenses - Sexual offenders, violent sexual offenders, or violent juvenile sexual offenders - Defense

(a)
(1)
While mandated to comply with the requirements of this chapter, it is an offense for a sexual offender, violent sexual offender or a violent juvenile sexual offender, as those terms are defined in §
40-39-202
, whose victim was a minor, to knowingly:
(A)
Pretend to be, dress as, impersonate or otherwise assume the identity of a real or fictional person or character or a member of a profession, vocation or occupation while in the presence of a minor or with the intent to attract or entice a minor to be in the presence of the offender;
(B)
Engage in employment, a profession, occupation or vocation, regardless of whether compensation is received, that the offender knows or should know will cause the offender to be in direct and unsupervised contact with a minor; or
(C)
Operate, whether authorized to do so or not, any vehicle or specific type of vehicle, including, but not limited to, an ice cream truck or emergency vehicle, for the purpose of attracting or enticing a minor to be in the presence of the offender.
(2)
It is a defense to a violation of this subsection (a) that the offender was the parent of the minor in the offender's presence.
(b)
While mandated to comply with the requirements of this chapter, it is an offense for a sexual offender, violent sexual offender, or a violent juvenile sexual offender, if the offender's victim was a minor, to knowingly rent or offer for rent a swimming pool, hot tub, or other body of water to be used for swimming that is located on property owned or leased by the offender or is otherwise under the control of the offender.
(c)
A violation of this section is a Class A misdemeanor.
Amended by 2022 Tenn. Acts, ch. 1058, s 2, eff. 7/1/2022.
Amended by 2022 Tenn. Acts, ch. 1058, s 1, eff. 7/1/2022.
Acts 2008 , ch. 1164, § 13; 2011 , ch. 483, § 23.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 39 - SEXUAL OFFENDER REGISTRATION AND MONITORING (§§ 40-39-101 — 40-39-306) › Part 2 - TENNESSEE SEXUAL OFFENDER AND VIOLENT SEXUAL OFFENDER REGISTRATION, VERIFICATION AND TRACKING ACT OF 2004 (§§ 40-39-201 — 40-39-218) › Section 40-39-216 - Restricting access to public library

(a)
Public library boards shall have the authority to reasonably restrict the access of any person listed on the sexual offender registry. Such authority may be delegated by the board to a library administrator.
(b)
In determining the reasonableness of the restrictions, the board shall consider the following criteria:
(1)
The likelihood of children being present in the library at the times and places to be restricted;
(2)
The age of the victim of the offender; and
(3)
The chilling effect of the use of the library by other patrons if the offender is not restricted.
(c)
Nothing in this section shall prevent the board from imposing a total ban of the offender's access to a public library so long as the criteria in subsection (b) are considered.
(d)
The restrictions of this section shall be effective upon the mailing of notice to the address of the offender as listed on the sexual offender registry. The notice shall state with specificity, the time and space restrictions. The board, or if so delegated, the library administrator, shall state in the notice that the criteria in subsection (b) have been considered.
(e)
A registered sex offender who enters upon the premises of a public library in contravention of the restrictions five (5) days after mailing of the notice may, at the discretion of the library administrator, be prosecuted for criminal trespass pursuant to §
39-14-405
.
Amended by 2017 Tenn. Acts, ch. 126,s 15, eff. 7/1/2017.
Acts 2011, ch. 287, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 39 - SEXUAL OFFENDER REGISTRATION AND MONITORING (§§ 40-39-101 — 40-39-306) › Part 2 - TENNESSEE SEXUAL OFFENDER AND VIOLENT SEXUAL OFFENDER REGISTRATION, VERIFICATION AND TRACKING ACT OF 2004 (§§ 40-39-201 — 40-39-218) › Section 40-39-217 - Community notification system

(a)
(1)
Any county, metropolitan form of government or municipality may, by a two-thirds (2/3) vote of the legislative body, choose to establish a community notification system whereby certain residences, schools and child-care facilities within the county, metropolitan form of government or municipality are notified when a person required to register pursuant to this part as a sexual offender or violent sexual offender resides, intends to reside, or, upon registration, declares to reside within a certain distance of such residences, schools and child-care facilities.
(2)
The legislative body of any county, metropolitan form of government or municipality that enacts a community notification system pursuant to this subsection (a) may, at the same time as the system is established, enact a notification fee of not more than fifty dollars ($50.00) per year from each offender in the county, metropolitan form of government or municipality for the purpose of defraying the costs of the community notification. The notification fee shall be collected at the same time as the one-hundred-fifty-dollar administrative fee collected pursuant to §
40-39-204(b)
.
(b)
Forms of notification a county, metropolitan form of government or municipality may elect to establish include:
(1)
Notification by the sheriff's office or police department to residents, schools and child-care facilities located within a specified number of feet from the offender's residence;
(2)
A community notification flyer, whether made by regular mail or hand delivered, to all legal residences within the specified area;
(3)
Posting a copy of the notice in a prominent place at the office of the sheriff and at the police station closest to the declared residence of the offender;
(4)
Publicizing the notice in a local newspaper, or posting electronically, including the internet;
(5)
Notifying homeowners associations within the immediate area of the declared residence of the offender; or
(6)
Any other method reasonably expected to provide notification.
(c)
Nothing in this section shall be construed as prohibiting the Tennessee bureau of investigation, a sheriff, or a chief of police from providing community notification under this section electronically or by publication or periodically to persons whose legal residence is more than the applicable distance from the residence of an offender.
Added by 2014 Tenn. Acts, ch. 751,s 1, eff. 4/22/2014.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 39 - SEXUAL OFFENDER REGISTRATION AND MONITORING (§§ 40-39-101 — 40-39-306) › Part 2 - TENNESSEE SEXUAL OFFENDER AND VIOLENT SEXUAL OFFENDER REGISTRATION, VERIFICATION AND TRACKING ACT OF 2004 (§§ 40-39-201 — 40-39-218) › Section 40-39-218 - [Repealed]

Repealed by 2024 Tenn. Acts, ch. 545,s 4, eff. 7/1/2024.
Added by 2015 Tenn. Acts, ch. 469, s 1, eff. 7/1/2015.