reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 29 - RESTORATION OF CITIZENSHIP (§§ 40-29-101 — 40-29-205) › Part 1 - GENERAL PROVISIONS (§§ 40-29-101 — 40-29-109) › Section 40-29-101 - Jurisdiction - Time of application

(a)
Persons rendered infamous or deprived of the rights of citizenship by the judgment of any state or federal court may have their full rights of citizenship restored by the circuit court.
(b)
Those pardoned, if the pardon does restore full rights of citizenship, may petition for restoration immediately after the pardon; provided, that a court shall not have jurisdiction to alter, delete or render void special conditions of a pardon pertaining to the right of suffrage.
(c)
Those convicted of an infamous crime may petition for restoration upon the expiration of the maximum sentence imposed for the infamous crime.
Code 1858, § 1994 (deriv. Acts 1851-1852, ch. 30, § 1); Shan., § 3635; Code 1932, § 7183; Acts 1981, ch. 345, § 7; T.C.A. (orig. ed.), § 40-3701; Acts 1983, ch. 207, § 2.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 29 - RESTORATION OF CITIZENSHIP (§§ 40-29-101 — 40-29-205) › Part 1 - GENERAL PROVISIONS (§§ 40-29-101 — 40-29-109) › Section 40-29-102 - Petition and proof

The proceeding for this purpose shall be by petition to the circuit court of the county in which the petitioner resides, or to the circuit court of the county in which the petitioner was convicted of an act depriving the petitioner of citizenship sustained by satisfactory proof that ever since the judgment of disqualification, the petitioner has sustained the character of a person of honesty, respectability and veracity, and is generally esteemed as such by the petitioner's neighbors.
Code 1858, § 1995 (deriv. Acts 1851-1852, ch. 30, § 1); Shan., § 3656; Code 1932, § 7184; Acts 1969, ch. 316, § 1; T.C.A. (orig. ed.), § 40-3702.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 29 - RESTORATION OF CITIZENSHIP (§§ 40-29-101 — 40-29-205) › Part 1 - GENERAL PROVISIONS (§§ 40-29-101 — 40-29-109) › Section 40-29-103 - Notice to district attorney general and to United States attorney

Before the petition of a person rendered infamous or deprived of the rights of citizenship by the judgment of a state court is heard, the district attorney general in whose county the petitioner currently resides and the district attorney general of the county in which the petitioner was convicted shall have twenty (20) days' notice of the petition in order that, if deemed advisable, each may resist. The United States attorney and the district attorney general in whose district the petitioner currently resides shall be given notice, with the same opportunity to resist, when the petitioner was rendered infamous or deprived of the rights of citizenship by the judgment of a federal court.
Code 1858, § 1966 (deriv. Acts 1851-1852, ch. 30, § 1); Shan., § 3657; mod. Code 1932, § 7185; modified; T.C.A. (orig. ed.), § 40-3703; Acts 1983, ch. 207, § 3.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 29 - RESTORATION OF CITIZENSHIP (§§ 40-29-101 — 40-29-205) › Part 1 - GENERAL PROVISIONS (§§ 40-29-101 — 40-29-109) › Section 40-29-104 - Costs

The petitioner shall pay the costs of this application.
Code 1858, § 1997 (deriv. Acts 1851-1852, ch. 30, § 2); Shan., § 3658; Code 1932, § 7186; T.C.A. (orig. ed.), § 40-3704.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 29 - RESTORATION OF CITIZENSHIP (§§ 40-29-101 — 40-29-205) › Part 1 - GENERAL PROVISIONS (§§ 40-29-101 — 40-29-109) › Section 40-29-106 - Explanation of procedure for restoration of citizenship rights

(a)
When any nonviolent offender who was convicted of an infamous crime is granted final release from incarceration or discharged from parole, probation, pretrial or judicial diversion or community correction supervision, the sentencing court, department of correction and board of parole are urged to have the official charged with processing and effectuating the person's release or discharge provide the person with information explaining the restoration of citizenship rights procedure.
(b)
For purposes of this section, "nonviolent offender" means a person convicted of a felony that is not defined as a "violent offense" by §
40-35-120(b)
.
Acts 2004, ch. 758, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 29 - RESTORATION OF CITIZENSHIP (§§ 40-29-101 — 40-29-205) › Part 1 - GENERAL PROVISIONS (§§ 40-29-101 — 40-29-109) › Section 40-29-108 - Liability of landlord for negligence in renting, leasing, or otherwise extending housing opportunities to person who has been previously convicted of criminal offense - Evidence of prior criminal conviction not admissible

(a)
In any proceeding on a claim against a landlord for negligence in renting, leasing, or otherwise extending housing opportunities to a person who has been previously convicted of a criminal offense, a landlord is not liable based solely upon the fact that the person has been previously convicted of a criminal offense.
(b)
In a cause of action against a landlord for negligence in renting, leasing, or otherwise extending housing opportunities to a person who has been previously convicted of a criminal offense, evidence that the person has been previously convicted of a criminal offense is not admissible.
(c)
Subsections (a) and (b) do not apply when:
(1)
The landlord had actual knowledge of the person's prior conviction for a violent offense, as defined in §
40-35-120(b)
or a violent sexual offense, as defined in §
40-39-202
; or
(2)
The landlord, having actual knowledge of the person's commission of a violent offense, as defined in §
40-35-120(b)
, or a violent sexual offense, as defined in §
40-39-202
, after beginning of the person's tenancy, was willful in allowing the person to continue to rent, lease, or otherwise use housing opportunities.
(d)
This section does not create a cause of action or expand an existing cause of action.
(e)
The provisions of §
1-3-119
relative to implied rights of action apply to this section.
(f)
As used in this section, "landlord" means the owner, lessor, or sublessor of the dwelling unit or the building of which the unit is a part, the manager of the premises, and employees and agents of the owner, lessor, or sublessor.
Added by 2021 Tenn. Acts, ch. 298, s 1, eff. 7/1/2021.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 29 - RESTORATION OF CITIZENSHIP (§§ 40-29-101 — 40-29-205) › Part 1 - GENERAL PROVISIONS (§§ 40-29-101 — 40-29-109) › Section 40-29-109 - Effect of previous conviction of criminal offense on cause of action for negligent hiring, training, retention, or supervision of an employee or independent contractor

(a)
A cause of action may not be brought against an employer or contracting party for negligent hiring, training, retention, or supervision of an employee or independent contractor based solely upon the fact that the employee or independent contractor has been previously convicted of a criminal offense.
(b)
In a cause of action against an employer or contracting party for negligent hiring, training, retention, or supervision of an employee or independent contractor, evidence that the employee or independent contractor has been previously convicted of a criminal offense is not admissible.
(c)
Subsections (a) and (b) do not apply when:
(1)
(A)
The employer or contracting party knew or reasonably should have known of the employee's or independent contractor's prior conviction; and
(B)
The employee or independent contractor was previously convicted of:
(i)
An offense that was committed while performing duties substantially similar to those reasonably expected to be performed in the employment or under the contract, or under conditions substantially similar to those reasonably expected to be encountered in the employment or under the contract; or
(ii)
A violent offense, as defined in §
40-35-120(b)
, or a violent sexual offense, as defined in §
40-39-202
; or
(2)
(A)
The cause of action concerns the misuse by an employee or independent contractor of the funds or property of a person other than the employer or contracting party;
(B)
On the date the employee or independent contractor was hired, the employee or independent contractor had been previously convicted of an offense an element of which includes fraud or the misuse of funds or property; and
(C)
The employer or contracting party should have reasonably foreseen that the position for which the employee or independent contractor was being hired would involve managing the funds or property of a person other than the employer or contracting party.
(d)
This section does not create a cause of action or expand an existing cause of action.
Added by 2021 Tenn. Acts, ch. 410, s 17, eff. 5/12/2021.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 29 - RESTORATION OF CITIZENSHIP (§§ 40-29-101 — 40-29-205) › Part 2 - VOTING RIGHTS (§§ 40-29-201 — 40-29-205) › Section 40-29-201 - Application

(a)
The provisions and procedures of this part shall apply to and govern restoration of the right of suffrage in this state to any person who has been disqualified from exercising that right by reason of a conviction in any state or federal court of an infamous crime.
(b)
This part shall apply to any person convicted of an infamous crime after May 18, 1981.
(c)
This part shall apply only to restoration of the right of suffrage. For restoration of all other rights of citizenship forfeited as the result of a conviction for an infamous crime, part 1 of this chapter shall apply.
Acts 2006, ch. 860, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 29 - RESTORATION OF CITIZENSHIP (§§ 40-29-101 — 40-29-205) › Part 2 - VOTING RIGHTS (§§ 40-29-201 — 40-29-205) › Section 40-29-202 - Application for voter registration card

(a)
A person rendered infamous and deprived of the right of suffrage by the judgment of any state or federal court is eligible to apply for a voter registration card and have the right of suffrage restored upon:
(1)
Receiving a pardon, except where the pardon contains special conditions pertaining to the right of suffrage;
(2)
The discharge from custody by reason of service or expiration of the maximum sentence imposed by the court for the infamous crime; or
(3)
Being granted a certificate of final discharge from supervision by the board of parole pursuant to §
40-28-105
, or any equivalent discharge by another state, the federal government, or county correction authority.
(b)
Notwithstanding subsection (a), a person shall not be eligible to apply for a voter registration card and have the right of suffrage restored, unless the person:
(1)
Has paid all restitution to the victim or victims of the offense ordered by the court as part of the sentence; and
(2)
Beginning September 1, 2010, notwithstanding subsection (a), a person shall not be eligible to apply for a voter registration card and have the right of suffrage restored, unless the person has paid all court costs assessed against the person at the conclusion of the person's trial, except where the court has made a finding at an evidentiary hearing that the applicant is indigent at the time of application.
(c)
Notwithstanding subsection (a), a person shall not be eligible to apply for a voter registration card and have the right of suffrage restored, unless the person is current in all child support obligations.
Acts 2006, ch. 860, § 1; 2010, ch. 1115, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 29 - RESTORATION OF CITIZENSHIP (§§ 40-29-101 — 40-29-205) › Part 2 - VOTING RIGHTS (§§ 40-29-201 — 40-29-205) › Section 40-29-203 - Certificate of voting rights restoration

(a)
A person eligible to apply for a voter registration card and have the right of suffrage restored, pursuant to §
40-29-202
, may request, and then shall be issued, a certificate of voting rights restoration upon a form prescribed by the coordinator of elections, by:
(1)
The pardoning authority;
(2)
The warden or an agent or officer of the incarcerating authority; or
(3)
A parole officer or another agent or officer of the supervising authority.
(b)
The issuing authority shall supply the person being released with a written statement explaining the purpose and effect of the certificate of voting rights restoration and explaining the procedure by which the person may use the certificate to apply for and receive a voter registration card and become eligible to vote.
(c)
A certificate of voting rights restoration issued pursuant to subsection (a) shall be sufficient proof that the person named on the certificate is no longer disqualified from voting by reason of having been convicted of an infamous crime.
(d)
Any person issued a certificate of voting rights restoration pursuant to this section shall submit the certificate to the administrator of elections of the county in which the person is eligible to vote. The administrator of elections shall send the certificate to the coordinator of elections who shall verify that the certificate was issued in compliance with this section. Upon determining that the certificate complies with this section, the coordinator shall notify the appropriate administrator of elections and, after determining that the person is qualified to vote in that county by using the same verification procedure used for any applicant, the administrator shall grant the application for a voter registration card. The administrator shall issue a voter registration card and the card shall be mailed to the applicant in the same manner as provided for any newly issued card.
Amended by 2013 Tenn. Acts, ch. 231,s 12, eff. 7/1/2013.
Acts 2006, ch. 860, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 29 - RESTORATION OF CITIZENSHIP (§§ 40-29-101 — 40-29-205) › Part 2 - VOTING RIGHTS (§§ 40-29-201 — 40-29-205) › Section 40-29-204 - Persons never eligible to register and vote

Notwithstanding this part, the following persons shall never be eligible to register and vote in this state:
(1)
Those convicted after July 1, 1986, of the offenses of voter fraud, treason, murder in the first degree, or aggravated rape;
(2)
Those convicted after July 1, 1996, but before July 1, 2006, of any of the offenses set out in subdivision (1) or any other degree of murder or rape; and
(3)
Those convicted on or after July 1, 2006, of:
(A)
Any of the offenses set out in subdivision (1) or (2);
(B)
Any other violation of title 39, chapter 16, parts 1, 4 or 5 designated as a felony or any violation containing the same elements and designated as a felony in any other state or federal court; or
(C)
Any sexual offense set out in §
40-39-202
or violent sexual offense set out in §
40-39-202
that is designated as a felony or any violation containing the same elements and designated as a felony in any other state or federal court and where the victim of the offense was a minor.
Acts 2006, ch. 860, § 1; 2011, ch. 184, §§ 1, 2.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 29 - RESTORATION OF CITIZENSHIP (§§ 40-29-101 — 40-29-205) › Part 2 - VOTING RIGHTS (§§ 40-29-201 — 40-29-205) › Section 40-29-205 - Certificate of voting rights restoration form

The coordinator of elections shall prepare a certificate of voting rights restoration form and the written statement explaining the form and the procedure by which a person can apply for a voter registration card and become eligible to vote as required by this part. The coordinator shall be responsible for printing and distributing a sufficient number of the forms to the department of correction, the board of parole and any other authority that may discharge a person to whom this part applies.
Acts 2006, ch. 860, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 30 - POST-CONVICTION PROCEDURE (§§ 40-30-101 — 40-30-413) › Part 1 - GENERAL PROVISIONS (§§ 40-30-101 — 40-30-123) › Section 40-30-101 - Short title

This part shall be known and may be referred to as the "Post-Conviction Procedure Act."
Acts 1995, ch. 207, § 1; T.C.A. §
40-30-201
.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 30 - POST-CONVICTION PROCEDURE (§§ 40-30-101 — 40-30-413) › Part 1 - GENERAL PROVISIONS (§§ 40-30-101 — 40-30-123) › Section 40-30-102 - When prisoners may petition for post-conviction relief

(a)
Except as provided in subsections (b) and (c), a person in custody under a sentence of a court of this state must petition for post-conviction relief under this part within one (1) year of the date of the final action of the highest state appellate court to which an appeal is taken or, if no appeal is taken, within one (1) year of the date on which the judgment became final, or consideration of the petition shall be barred. The statute of limitations shall not be tolled for any reason, including any tolling or saving provision otherwise available at law or equity. Time is of the essence of the right to file a petition for post-conviction relief or motion to reopen established by this chapter, and the one-year limitations period is an element of the right to file the action and is a condition upon its exercise. Except as specifically provided in subsections (b) and (c), the right to file a petition for post-conviction relief or a motion to reopen under this chapter shall be extinguished upon the expiration of the limitations period.
(b)
No court shall have jurisdiction to consider a petition filed after the expiration of the limitations period unless:
(1)
The claim in the petition is based upon a final ruling of an appellate court establishing a constitutional right that was not recognized as existing at the time of trial, if retrospective application of that right is required. The petition must be filed within one (1) year of the ruling of the highest state appellate court or the United States supreme court establishing a constitutional right that was not recognized as existing at the time of trial;
(2)
The claim in the petition is based upon new scientific evidence establishing that the petitioner is actually innocent of the offense or offenses for which the petitioner was convicted; or
(3)
The claim asserted in the petition seeks relief from a sentence that was enhanced because of a previous conviction and the conviction in the case in which the claim is asserted was not a guilty plea with an agreed sentence, and the previous conviction has subsequently been held to be invalid, in which case the petition must be filed within one (1) year of the finality of the ruling holding the previous conviction to be invalid.
(c)
This part contemplates the filing of only one (1) petition for post-conviction relief. In no event may more than one (1) petition for post-conviction relief be filed attacking a single judgment. If a prior petition has been filed which was resolved on the merits by a court of competent jurisdiction, any second or subsequent petition shall be summarily dismissed. A petitioner may move to reopen a post-conviction proceeding that has been concluded, under the limited circumstances set out in §
40-30-117
.
Acts 1995, ch. 207, § 1; 1996, ch. 995, §§ 1-3; T.C.A. §
40-30-202
.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 30 - POST-CONVICTION PROCEDURE (§§ 40-30-101 — 40-30-413) › Part 1 - GENERAL PROVISIONS (§§ 40-30-101 — 40-30-123) › Section 40-30-103 - Grounds for relief

Relief under this part shall be granted when the conviction or sentence is void or voidable because of the abridgment of any right guaranteed by the Constitution of Tennessee or the Constitution of the United States.
Acts 1995, ch. 207, § 1; T.C.A. §
40-30-203
.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 30 - POST-CONVICTION PROCEDURE (§§ 40-30-101 — 40-30-413) › Part 1 - GENERAL PROVISIONS (§§ 40-30-101 — 40-30-123) › Section 40-30-104 - Petition

(a)
A post-conviction proceeding is commenced by filing, with the clerk of the court in which the conviction occurred, a written petition naming the state as the respondent. No filing fee shall be charged. Petitions challenging misdemeanor convictions not in a court of record shall be filed in a court of record having criminal jurisdiction in the county in which the conviction was obtained, and the case shall be assigned as set forth in §
40-30-105(b)
.
(b)
The petitioner shall provide all information required by this section. Petitions which are incomplete shall be filed by the clerk, but shall be completed as set forth in an order entered in accordance with §
40-30-106(d)
.
(c)
The petition for post-conviction relief shall be limited to the assertion of claims for relief from the judgment or judgments entered in a single trial or proceeding. If the petitioner desires to obtain relief from judgments entered in separate trials or proceedings, the petitioner must file separate petitions.
(d)
The petitioner shall include all claims known to the petitioner for granting post-conviction relief and shall verify under oath that all the claims are included.
(e)
The petitioner shall include allegations of fact supporting each claim for relief set forth in the petition and allegations of fact explaining why each ground for relief was not previously presented in any earlier proceeding. The petition and any amended petition shall be verified under oath. Affidavits, records or other evidence available to the petitioner supporting the allegations of the petition may be attached to it.
(f)
The petitioner shall provide the name of any attorney licensed to practice law who drafts or has given assistance or advice regarding drafting the petition for post-conviction relief.
(g)
Amendments to the petition shall conform substantially to the form for original petitions, except that matters alleged in the original petition need not be repeated.
Acts 1995, ch. 207, § 1; T.C.A. §
40-30-204
.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 30 - POST-CONVICTION PROCEDURE (§§ 40-30-101 — 40-30-413) › Part 1 - GENERAL PROVISIONS (§§ 40-30-101 — 40-30-123) › Section 40-30-105 - Processing of petitions - Designation of judge

(a)
When in receipt of a petition applying for post-conviction relief, the clerk of the trial court shall forthwith:
(1)
Make three (3) copies of the petition;
(2)
Docket and file the original petition and its attachments;
(3)
Mail one (1) copy of the petition to the attorney general and reporter in Nashville;
(4)
Mail or forward one (1) copy of the petition to the district attorney general;
(5)
Mail or forward one (1) copy to petitioner's original attorney;
(6)
Advise the presiding judge that the petition has been filed; and
(7)
Deliver the petition, its attachments, and all available files, records, and correspondence relating to the judgment under attack to the assigned judge for preliminary consideration.
(b)
At either the trial proceeding or an appellate proceeding reviewing the proceeding, the presiding judge of the appropriate court shall assign a judge to hear the petition. The issue of competency of counsel may be heard by a judge other than the original hearing judge. If a presiding judge is unable to assign a judge, the chief justice of the supreme court shall designate an appropriate judge to hear the matter.
(c)
A petition for habeas corpus may be treated as a petition under this part when the relief and procedure authorized by this part appear adequate and appropriate, notwithstanding anything to the contrary in title 29, chapter 21, or any other statute.
Acts 1995, ch. 207, § 1; 1996, ch. 995, § 4; T.C.A. §
40-30-205
.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 30 - POST-CONVICTION PROCEDURE (§§ 40-30-101 — 40-30-413) › Part 1 - GENERAL PROVISIONS (§§ 40-30-101 — 40-30-123) › Section 40-30-107 - Preliminary order

(a)
If the petition is not dismissed upon preliminary consideration, the court shall enter a preliminary order.
(b)
In all cases, the preliminary order shall direct the following:
(1)
If a petitioner not represented by counsel requests counsel and the court is satisfied that the petitioner is indigent as defined in §
40-14-201
, the court shall appoint counsel to represent the petitioner.
(2)
If counsel is appointed or retained, or the petitioner is proceeding pro se, counsel or the petitioner if proceeding pro se must file an amended petition or a written notice that no amendment will be filed. The amended petition or notice shall be filed within thirty (30) days of the entry of the preliminary order, unless extended for good cause. The written notice, if filed by counsel, shall state that counsel has consulted the petitioner and that the petitioner agrees there is no need to amend the petition. Good cause will not be met by a routine statement that the press of other business prevents the filing of the appropriate pleadings within the designated time.
Acts 1995, ch. 207, § 1; T.C.A. §
40-30-207
.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 30 - POST-CONVICTION PROCEDURE (§§ 40-30-101 — 40-30-413) › Part 1 - GENERAL PROVISIONS (§§ 40-30-101 — 40-30-123) › Section 40-30-108 - Answer or response

(a)
The district attorney general shall represent the state except as provided in §
40-30-114(c)
. The state shall file an answer or other responsive pleading within thirty (30) days, unless extended for good cause. Good cause will not be met by a routine statement that the press of other business prevents a response within the thirty-day period. Failure by the state to timely respond does not entitle the petitioner to relief under this part.
(b)
If the petition does not include the records or transcripts, or parts of records or transcripts that are material to the questions raised therein, the district attorney general is empowered to obtain them at the expense of the state and may file them with the responsive pleading or within a reasonable time thereafter.
(c)
The district attorney general has the option to assert by motion to dismiss that:
(1)
The petition is barred by the statute of limitations;
(2)
The petition was not filed in the court of conviction;
(3)
The petition asserts a claim for relief from judgments entered in separate trials or proceedings;
(4)
A direct appeal or post-conviction petition attacking the same conviction is currently pending in the trial or appellate courts;
(5)
The facts alleged fail to show that the petitioner is entitled to relief; or
(6)
The facts alleged fail to establish that the claims for relief have not been waived or previously determined.
(d)
The answer shall respond to each of the allegations of the petition and shall assert the affirmative defenses the district attorney general deems appropriate.
Amended by 2023 Tenn. Acts, ch. 182, s 3, eff. 4/28/2023.
Acts 1995, ch. 207, § 1; T.C.A. §
40-30-208
.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 30 - POST-CONVICTION PROCEDURE (§§ 40-30-101 — 40-30-413) › Part 1 - GENERAL PROVISIONS (§§ 40-30-101 — 40-30-123) › Section 40-30-109 - Prehearing procedure

(a)
The court shall review the case after the district attorney general's response is filed. If, on reviewing the petition, the response, files, and records, the court determines conclusively that the petitioner is entitled to no relief, the court shall dismiss the petition. The order of dismissal shall set forth the court's conclusions of law. If the court does not dismiss the petition, the court shall enter an order setting an evidentiary hearing. The order of dismissal or the order setting an evidentiary hearing shall be entered no later than thirty (30) days after the filing of the state's response. The evidentiary hearing shall be within four (4) calendar months of the entry of the court's order. The deadline shall not be extended by agreement, and the deadline may be extended only by order of the court based upon a finding that unforeseeable circumstances render a continuance a manifest necessity. An extension shall not exceed sixty (60) days.
(b)
Discovery is not available in a proceeding under this section except as provided under Rule 16 of the Tennessee Rules of Criminal Procedure.
(c)
The petitioner may withdraw a petition at any time prior to the hearing without prejudice to any rights to refile, but the withdrawn petition shall not toll the statute of limitations set forth in §
40-30-102
.
Acts 1995, ch. 207, § 1; T.C.A. §
40-30-209
.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 30 - POST-CONVICTION PROCEDURE (§§ 40-30-101 — 40-30-413) › Part 1 - GENERAL PROVISIONS (§§ 40-30-101 — 40-30-123) › Section 40-30-110 - Hearing

(a)
The petitioner shall appear and give testimony at the evidentiary hearing if the petition raises substantial questions of fact as to events in which the petitioner participated, unless the petitioner is incarcerated out of state, in which case the trial judge may permit the introduction of an affidavit or deposition of the petitioner and shall permit the state adequate time to file any affidavits or depositions in response the state may wish.
(b)
(1)
If the petitioner is imprisoned, the warden shall arrange for transportation of the petitioner to and from the court upon proper orders issued by the trial judge.
(2)
The sheriff of the county where the proceeding is pending shall have the authority to receive and transport the petitioner to and from the penitentiary and the court, if the court so orders or if for any reason the warden is unable to transport the petitioner. The sheriff shall be entitled to the same costs allowed for the transportation of prisoners as is provided in criminal cases upon the presentation of the account certified by the judge and district attorney general.
(c)
Proof upon the petitioner's claim or claims for relief shall be limited to evidence of the allegations of fact in the petition.
(d)
All evidentiary hearings shall be recorded.
(e)
The Tennessee Rules of Evidence shall apply except as otherwise required in this part.
(f)
The petitioner shall have the burden of proving the allegations of fact by clear and convincing evidence. There is a rebuttable presumption that a ground for relief not raised before a court of competent jurisdiction in which the ground could have been presented is waived.
Acts 1995, ch. 207, § 1; T.C.A. §
40-30-210
.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 30 - POST-CONVICTION PROCEDURE (§§ 40-30-101 — 40-30-413) › Part 1 - GENERAL PROVISIONS (§§ 40-30-101 — 40-30-123) › Section 40-30-112 - Notice of final judgments by clerk of court

The clerk of the court shall send a copy of the final judgment to the petitioner, the petitioner's counsel of record, any authority imposing restraint on the petitioner and the attorney general and reporter at Nashville.
Acts 1995, ch. 207, § 1; T.C.A. § 40-30-212.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 30 - POST-CONVICTION PROCEDURE (§§ 40-30-101 — 40-30-413) › Part 1 - GENERAL PROVISIONS (§§ 40-30-101 — 40-30-123) › Section 40-30-113 - Petitioner unconstitutionally denied appeal - Procedure

(a)
When the trial judge conducting a hearing pursuant to this part finds that the petitioner was denied the right to an appeal from the original conviction in violation of the Constitution of the United States or the Constitution of Tennessee and that there is an adequate record of the original trial proceeding available for a review, the judge can:
(1)
If a transcript was filed, grant a delayed appeal;
(2)
If, in the original proceedings, a motion for a new trial was filed and overruled but no transcript was filed, authorize the filing of the transcript in the convicting court; or
(3)
If no motion for a new trial was filed in the original proceeding, authorize a motion to be made before the original trial court within thirty (30) days. The motion shall be disposed of by the original trial court as if the motion had been filed under authority of Rule 59 of the Rules of Civil Procedure.
(b)
An order granting proceedings for a delayed appeal shall be deemed the final judgment for purposes of review. If either party does appeal, the time limits provided in this section shall be computed from the date the clerk of the trial court receives the order of the appellate court determining the appeal.
(c)
The judge of the court which sentenced a prisoner who has sought and obtained relief from that sentence by any procedure in a federal court is likewise empowered to grant the relief provided in this section.
Acts 1995, ch. 207, § 1; T.C.A. § 40-30-213.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 30 - POST-CONVICTION PROCEDURE (§§ 40-30-101 — 40-30-413) › Part 1 - GENERAL PROVISIONS (§§ 40-30-101 — 40-30-123) › Section 40-30-115 - Determination of indigency - Appointment of counsel and court reporters

Indigency shall be determined and counsel and court reporters appointed and reimbursed as now provided for criminal and habeas corpus cases by chapter 14, parts 2 and 3 of this title.
Acts 1995, ch. 207, § 1; T.C.A. § 40-30-215.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 30 - POST-CONVICTION PROCEDURE (§§ 40-30-101 — 40-30-413) › Part 1 - GENERAL PROVISIONS (§§ 40-30-101 — 40-30-123) › Section 40-30-116 - Appeal after final judgment

The order granting or denying relief under this part shall be deemed a final judgment, and an appeal may be taken to the court of criminal appeals in the manner prescribed by the Tennessee Rules of Appellate Procedure. In capital cases, the appellate court in which the case is pending shall render a decision within nine (9) months of the date of oral argument in the case, if oral argument is conducted. If no oral argument occurs, the court shall render an opinion within nine (9) months after submission of the case to the court for decision. The appellate court shall have thirty (30) days in which to dispose of any petition to rehear which may be filed. If an appellate court finds that it is unable to comply with the deadlines, it shall enter an order setting out the circumstances which render an extension beyond these time limits a necessity. Copies of all the orders shall be sent to the administrative office of the courts. The administrative office of the courts shall report annually to the general assembly on the compliance of the appellate courts with the time limits established in this section.
Acts 1995, ch. 207, § 1; T.C.A. § 40-30-216.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 30 - POST-CONVICTION PROCEDURE (§§ 40-30-101 — 40-30-413) › Part 1 - GENERAL PROVISIONS (§§ 40-30-101 — 40-30-123) › Section 40-30-117 - Motions to reopen

(a)
A petitioner may file a motion in the trial court to reopen the first post-conviction petition only if the following applies:
(1)
The claim in the motion is based upon a final ruling of an appellate court establishing a constitutional right that was not recognized as existing at the time of trial, if retrospective application of that right is required. The motion must be filed within one (1) year of the ruling of the highest state appellate court or the United States supreme court establishing a constitutional right that was not recognized as existing at the time of trial; or
(2)
The claim in the motion is based upon new scientific evidence establishing that the petitioner is actually innocent of the offense or offenses for which the petitioner was convicted; or
(3)
The claim asserted in the motion seeks relief from a sentence that was enhanced because of a previous conviction and the conviction in the case in which the claim is asserted was not a guilty plea with an agreed sentence, and the previous conviction has subsequently been held to be invalid, in which case the motion must be filed within one (1) year of the finality of the ruling holding the previous conviction to be invalid; and
(4)
It appears that the facts underlying the claim, if true, would establish by clear and convincing evidence that the petitioner is entitled to have the conviction set aside or the sentence reduced.
(b)
The motion must set out the factual basis underlying its claims and must be supported by affidavit. The factual information set out in the affidavit shall be limited to information which, if offered at an evidentiary hearing, would be admissible through the testimony of the affiant under the rules of evidence. The motion shall be denied unless the factual allegations, if true, meet the requirements of subsection (a). If the court grants the motion, the procedure, relief and appellate provisions of this part shall apply.
(c)
If the motion is denied, the petitioner shall have thirty (30) days to file an application in the court of criminal appeals seeking permission to appeal. The application shall be accompanied by copies of all the documents filed by both parties in the trial court and the order denying the motion. The state shall have thirty (30) days to respond. The court of criminal appeals shall not grant the application unless it appears that the trial court abused its discretion in denying the motion. If it determines that the trial court did so abuse its discretion, the court of criminal appeals shall remand the matter to the trial court for further proceedings.
Acts 1995, ch. 207, § 1; 1996, ch. 995, §§ 8, 9; T.C.A. § 40-30-217; Acts 2011, ch. 290, § 1.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 30 - POST-CONVICTION PROCEDURE (§§ 40-30-101 — 40-30-413) › Part 1 - GENERAL PROVISIONS (§§ 40-30-101 — 40-30-123) › Section 40-30-118 - Promulgation of rules

The supreme court may promulgate rules of practice and procedure consistent with this part, including rules prescribing the form and contents of the petition, the preparation and filing of the record and assignments of error for simple appeal and for delayed appeal in the nature of a writ of error, and may make petition forms available for use by petitioners. The supreme court shall develop a form which shall be available without cost to a prisoner in the prison and other places of detention, and shall also be available without cost to any potential petitioner in the office of the clerk of any court of record having criminal jurisdiction.
Acts 1995, ch. 207, § 1; T.C.A. § 40-30-218.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 30 - POST-CONVICTION PROCEDURE (§§ 40-30-101 — 40-30-413) › Part 1 - GENERAL PROVISIONS (§§ 40-30-101 — 40-30-123) › Section 40-30-119 - Bail during new trial or delayed appeal - Exception

When a new trial or delayed appeal is granted, release on bail shall be determined by the trial judge as provided by law pending further proceedings. In all other cases, the petitioner shall not be entitled to bail.
Acts 1995, ch. 207, § 1; T.C.A. § 40-30-219.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 30 - POST-CONVICTION PROCEDURE (§§ 40-30-101 — 40-30-413) › Part 1 - GENERAL PROVISIONS (§§ 40-30-101 — 40-30-123) › Section 40-30-121 - Priority

Post-conviction cases where the petitioner is under the death sentence shall be given priority over all other matters in docketing by the courts having trial and appellate jurisdiction of the cases.
Acts 1995, ch. 207, § 1; T.C.A. § 40-30-221.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 30 - POST-CONVICTION PROCEDURE (§§ 40-30-101 — 40-30-413) › Part 1 - GENERAL PROVISIONS (§§ 40-30-101 — 40-30-123) › Section 40-30-122 - Interpretation

For purposes of this part, a new rule of constitutional criminal law is announced if the result is not dictated by precedent existing at the time the petitioner's conviction became final and application of the rule was susceptible to debate among reasonable minds. A new rule of constitutional criminal law shall not be applied retroactively in a post-conviction proceeding unless the new rule places primary, private individual conduct beyond the power of the criminal law-making authority to proscribe or requires the observance of fairness safeguards that are implicit in the concept of ordered liberty.
Acts 1995, ch. 207, § 1; T.C.A. § 40-30-222.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 30 - POST-CONVICTION PROCEDURE (§§ 40-30-101 — 40-30-413) › Part 1 - GENERAL PROVISIONS (§§ 40-30-101 — 40-30-123) › Section 40-30-123 - Report of discovery of potentially exculpatory evidence

Whenever a law enforcement agency discovers new evidence deemed potentially exculpatory by the chief law enforcement officer of the agency, the agency shall report the evidence to the district attorney currently serving in the jurisdiction in which the case was prosecuted, the trial court in which the conviction was obtained, the individual convicted in the case in which the evidence was secured, and that individual's attorney, if such individual is represented by counsel, within thirty (30) days of the discovery of the evidence.
Added by 2021 Tenn. Acts, ch. 355,s 1, eff. 7/1/2021.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 30 - POST-CONVICTION PROCEDURE (§§ 40-30-101 — 40-30-413) › Part 2 - POST-CONVICTION DEFENDER OVERSIGHT COMMISSION ACT OF 2011 (§§ 40-30-201 — 40-30-210) › Section 40-30-201 - Short title

This part shall be known and may be cited as the "Post-Conviction Defender Oversight Commission Act of 2011."
Acts 1995, ch. 510, § 1; T.C.A. §
40-30-301
; Acts 2011, ch. 414, § 4.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 30 - POST-CONVICTION PROCEDURE (§§ 40-30-101 — 40-30-413) › Part 2 - POST-CONVICTION DEFENDER OVERSIGHT COMMISSION ACT OF 2011 (§§ 40-30-201 — 40-30-210) › Section 40-30-202 - Commission created - Role

(a)
On July 1, 2011, the post-conviction defender oversight commission is created. This part also creates the office of post-conviction defender to provide for the representation of any person convicted and sentenced to death in this state who is unable to secure counsel due to indigence, and that legal proceedings to challenge that conviction and sentence may be commenced in a timely manner and so as to assure the people of this state that the judgments of its courts may be regarded with the finality to which they are entitled in the interests of justice. The operation of the post-conviction defender oversight commission and office of post-conviction defender shall be consistent with professional standards and shall not compromise independent professional judgment or create a professional or institutional conflict of interest, appearance of impropriety, breach of attorney-client confidence or secret or other violation of the Tennessee Rules of Professional Conduct or the Tennessee Code of Judicial Conduct.
(b)
The post-conviction defender oversight commission shall be strictly administrative in nature and shall oversee budget, staffing and caseload concerns. In order to avoid possible conflicts, relating to cases assigned to the post-conviction defender's office, no member of the commission shall advise, consult or otherwise directly assist the post-conviction defender or the post-conviction defender's staff in providing legal representation in such cases.
Acts 1995, ch. 510, § 1; T.C.A. §
40-30-302
; Acts 2003 , ch. 112, § 2; 2011 , ch. 414, § 5.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 30 - POST-CONVICTION PROCEDURE (§§ 40-30-101 — 40-30-413) › Part 2 - POST-CONVICTION DEFENDER OVERSIGHT COMMISSION ACT OF 2011 (§§ 40-30-201 — 40-30-210) › Section 40-30-203 - Establishment - Composition

(a)
On July 1, 2011, there is created a post-conviction defender oversight commission. The members of the commission appointed under this section shall have a commitment to the constitutional rights of all individuals. In making these appointments, the appointing authorities shall strive to ensure that the membership of the commission appropriately reflects the racial and geographic diversity of the state. Members of the commission are not required to be attorneys, but any member who is an attorney may not be a current district attorney general or assistant district attorney general, a current public defender or assistant public defender, or a sitting judge. The commission is composed of the following nine (9) members:
(1)
Three (3) members appointed by the governor;
(2)
Three (3) members appointed by the speaker of the senate; and
(3)
Three (3) members appointed by the speaker of the house of representatives.
(b)
The term of office of each member of the commission is four (4) years. A vacancy occurring among the members of the commission before the expiration of a term shall be filled in the same manner as the original appointments. An appointment to fill a vacancy occurring before the expiration of a term is for the remainder of the unexpired term.
(c)
To stagger the terms of the commission members, the initial term shall be as follows:
(1)
The initial term of the members appointed by the governor shall be two (2) years;
(2)
The initial term of the members appointed by the speaker of the senate shall be three (3) years; and
(3)
The initial term of the members appointed by the speaker of the house of representatives shall be four (4) years.
Acts 1995, ch. 510, § 1; T.C.A. §
40-30-303
; Acts 2011 , ch. 414, § 6.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 30 - POST-CONVICTION PROCEDURE (§§ 40-30-101 — 40-30-413) › Part 2 - POST-CONVICTION DEFENDER OVERSIGHT COMMISSION ACT OF 2011 (§§ 40-30-201 — 40-30-210) › Section 40-30-204 - Chair - Meetings - Duties

(a)
The members of the commission shall designate one (1) member of the commission as chair.
(b)
Meetings of the commission may be held upon reasonable notice to the commission members by the chair of the commission and shall be in compliance with title 8, chapter 44.
(c)
The commission shall appoint a qualified attorney to the office of post-conviction defender.
(d)
The commission shall prepare an annual budget for the office of the post-conviction defender, administer the funds made available to the office, and oversee the expenditure of the funds.
Acts 1995, ch. 510, § 1; T.C.A. §
40-30-304
; Acts 2011 , ch. 414, § 7.
2023 Tennessee Code › Title 40 - CRIMINAL PROCEDURE (§§ 40-1-101 — 40-39-306) › Chapter 30 - POST-CONVICTION PROCEDURE (§§ 40-30-101 — 40-30-413) › Part 2 - POST-CONVICTION DEFENDER OVERSIGHT COMMISSION ACT OF 2011 (§§ 40-30-201 — 40-30-210) › Section 40-30-205 - Post-conviction defender

(a)
There is created the office of the post-conviction defender.
(b)
The post-conviction defender shall be appointed by the post-conviction defender oversight commission, as provided for in §
40-30-204
.
(c)
The post-conviction defender shall be an attorney in good standing with the Tennessee supreme court and shall possess a demonstrated experience in the litigation of capital crimes.
(d)
The post-conviction defender shall serve a term of four (4) years.
(e)
Vacancies in the office of post-conviction defender shall be filled in the same manner as appointment.
(f)
The principal office of the post-conviction defender shall be located in Nashville. The post-conviction defender may establish branch offices as may, in the discretion of the post-conviction defender, be warranted to fulfill statutory duties as provided in this part.
(g)
The exclusive function of the post-conviction defender's office shall be to provide legal representation to persons convicted of capital offenses. The post-conviction defender's office including the members of the post-conviction defender's oversight commission shall not lobby any entity, organization, or legislative body to urge either the abolition or retention of the death penalty. However, the office may respond to inquiries of the general assembly, the judiciary and the executive branch.
(h)
In the event the post-conviction defender provides direct representation to persons on direct appeal of a conviction, the post-conviction defender's office shall be prohibited from providing representation to those persons in any collateral proceeding.
Acts 1995, ch. 510, § 1; T.C.A. §
40-30-305
; Acts 2011, ch. 414, §§ 8, 9.