reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 8 - EMPLOYMENT AND TRAINING OF POLICE OFFICERS (§§ 38-8-NEW — 38-8-312) › Part 1 - GENERAL PROVISIONS (§§ 38-8-NEW — 38-8-134) › Section 38-8-125 - Government participation in certain voluntary motor vehicle checkpoints and stops prohibited

(a)
"Human sample" means a cheek swab, blood or urine sample, saliva, hair or any other bodily fluid or exemplar from which the DNA of the donor may be derived and identified and for which a law enforcement officer would be required to seek a search warrant to obtain such sample.
(b)
No state, county, municipal or metropolitan form of government law enforcement officer shall participate in, lend assistance to, or be present in any official capacity at any voluntary motor vehicle checkpoint or stop conducted by a private company or research group to collect a human sample from consenting motorists stopped at the checkpoint for research or statistical purposes.
(c)
Subsection (b) is applicable regardless of whether the checkpoint is funded by federal grant or contract with a federal agency and regardless of whether the motorists consenting to giving a human sample are compensated or not.
Acts 2014, ch. 578, § 1.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 8 - EMPLOYMENT AND TRAINING OF POLICE OFFICERS (§§ 38-8-NEW — 38-8-312) › Part 1 - GENERAL PROVISIONS (§§ 38-8-NEW — 38-8-134) › Section 38-8-126 - Arrest of officer - Notification requirements - Suspension or revocation

(a)
(1)
An officer certified under this part who is arrested for any offense shall notify the executive secretary of the commission of the arrest and the chief officer of the employing law enforcement agency or their designee within twenty-four (24) hours of the time the arrest was made, as contained in the arrest report.
(2)
The chief officer, or the chief officer's designee, of the law enforcement agency employing the officer at the time of the arrest shall notify the executive secretary of the commission of the arrest within twenty-four (24) hours of gaining knowledge of the arrest.
(b)
The commission may revoke or suspend the certification, withhold a pay supplement pursuant to §
38-8-111(e)(2)
, or take any other lawful action against an officer certified under this part who is arrested for any offense and knowingly fails to notify the executive secretary of the commission of the arrest within the time period prescribed in subdivision (a)(1).
Added by 2017 Tenn. Acts, ch. 301,s 2, eff. 7/1/2017.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 8 - EMPLOYMENT AND TRAINING OF POLICE OFFICERS (§§ 38-8-NEW — 38-8-312) › Part 1 - GENERAL PROVISIONS (§§ 38-8-NEW — 38-8-134) › Section 38-8-127 - Reward for information leading to arrest of any individual responsible for shooting of law enforcement officer in line of duty

(a)
The state shall offer a reward for information leading to the arrest of any individual responsible for the shooting of a law enforcement officer in the line of duty. The reward shall be in the following amount:
(1)
Ten thousand dollars ($10,000) if the law enforcement officer was injured in the shooting; or
(2)
Twenty thousand dollars ($20,000) if the law enforcement officer was killed in the shooting.
(b)
Payment of the reward shall be made from the general fund after receipt by the department of finance and administration of proof of arrest by the appropriate law enforcement agency.
Added by 2021 Tenn. Acts, ch. 439,s 1, eff. 7/1/2021.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 8 - EMPLOYMENT AND TRAINING OF POLICE OFFICERS (§§ 38-8-NEW — 38-8-312) › Part 1 - GENERAL PROVISIONS (§§ 38-8-NEW — 38-8-134) › Section 38-8-128 - De-escalation

By January 1, 2022, each law enforcement agency shall develop a policy regarding de-escalation. Each agency shall provide training to officers on de-escalation techniques, including, but not limited to:
(1)
Verbal de-escalation and the effective delivery of verbal instructions to prevent the need for physical use of force;
(2)
Application of reasonable and proportional use of force based upon the totality of the circumstances;
(3)
De-escalation in circumstances of decreased resistance or compliance by a subject;
(4)
Allowing a suspect time to submit to arrest before force is used, when possible; and
(5)
Tactical repositioning, requesting additional personnel, and other similar techniques to decrease the need for physical use of force.
Added by 2021 Tenn. Acts, ch. 489,s 4, eff. 5/18/2021.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 8 - EMPLOYMENT AND TRAINING OF POLICE OFFICERS (§§ 38-8-NEW — 38-8-312) › Part 1 - GENERAL PROVISIONS (§§ 38-8-NEW — 38-8-134) › Section 38-8-129 - Duty to intervene

(a)
A law enforcement officer who directly observes or has knowledge of excessive use of force by another law enforcement officer in violation of state or federal law shall, within the officer's scope of training, knowledge, and authority, intervene when the officer has an opportunity and means to prevent the harm from occurring. A law enforcement officer who intervenes during an excessive force incident shall report the circumstances to a supervisor as soon as practical.
(b)
A law enforcement officer who has direct knowledge of excessive use of force by another law enforcement officer in violation of state or federal law shall, as soon as practical, report the excessive use of force to a supervisor.
(c)
A law enforcement agency is prohibited from retaliating against any officer who intervenes against excessive use of force, reports excessive use of force, or cooperates in an internal investigation related to the excessive use of force.
Added by 2021 Tenn. Acts, ch. 489,s 4, eff. 5/18/2021.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 8 - EMPLOYMENT AND TRAINING OF POLICE OFFICERS (§§ 38-8-NEW — 38-8-312) › Part 1 - GENERAL PROVISIONS (§§ 38-8-NEW — 38-8-134) › Section 38-8-130 - Shooting at moving vehicles

By January 1, 2022, each law enforcement agency shall develop a policy that limits the circumstances under which an officer may discharge a firearm at or from a moving vehicle, motorcycle, or bicycle to when the officer reasonably believes that deadly force is authorized as provided in §
39-11-620
.
Added by 2021 Tenn. Acts, ch. 489, s 4, eff. 5/18/2021.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 8 - EMPLOYMENT AND TRAINING OF POLICE OFFICERS (§§ 38-8-NEW — 38-8-312) › Part 1 - GENERAL PROVISIONS (§§ 38-8-NEW — 38-8-134) › Section 38-8-131 - Use of force reporting

(a)
By January 1, 2022, each law enforcement agency shall establish a use of force reporting system that allows for the agency to effectively review and analyze all use of force incidents.
(b)
The reporting system must be designed to help the agency identify trends, improve officer training and safety, collect data, and provide timely and accurate information.
(c)
By January 1, 2022, each law enforcement agency shall implement the use of force reporting system established pursuant to subsection (a) to collect data on use of force incidents.
(d)
Beginning January 1, 2022, each law enforcement agency shall report monthly to the Tennessee bureau of investigation all use of force data consistent with the requirements, definitions, and methods of the federal bureau of investigation's National Use of Force Data Collection. The bureau shall compile the information reported by each agency pursuant to this subsection (d) and submit an annual report to the chair of the judiciary committee of the senate and the chair of the criminal justice committee of the house of representatives by July 1, 2023, and by July 1 of each year thereafter. The report must include statewide and countywide aggregate data, but must not include any personally identifying information of law enforcement officers. The bureau shall also make the report available to the public on the bureau's website.
Added by 2021 Tenn. Acts, ch. 489,s 4, eff. 5/18/2021.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 8 - EMPLOYMENT AND TRAINING OF POLICE OFFICERS (§§ 38-8-NEW — 38-8-312) › Part 1 - GENERAL PROVISIONS (§§ 38-8-NEW — 38-8-134) › Section 38-8-132 - Training on proper testing procedures for use in investigating cases of suspected driving under the influence

(a)
Each law enforcement officer specifically assigned to the traffic division of a local law enforcement agency or its equivalent, or for whom a county sheriff or chief of police deems it necessary, shall undergo training on the proper testing procedures for use in investigating cases of suspected driving under the influence, as prohibited by §
55-10-401
.
(b)
For certifications completed on or after January 1, 2023, the training required by subsection (a) must be completed as part of the required annual in-service training in order to maintain law enforcement certification by the POST commission.
Added by 2022 Tenn. Acts, ch. 694, s 1, eff. 3/18/2022.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 8 - EMPLOYMENT AND TRAINING OF POLICE OFFICERS (§§ 38-8-NEW — 38-8-312) › Part 1 - GENERAL PROVISIONS (§§ 38-8-NEW — 38-8-134) › Section 38-8-133 - Contract for provision of security services at megasite

A local governmental entity may enter into a contract with an entity working on the megasite, as defined in §
64-9-103
, for the provision of security services at the megasite.
Added by 2022 Tenn. Acts, ch. 997, s 2, eff. 5/4/2022.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 8 - EMPLOYMENT AND TRAINING OF POLICE OFFICERS (§§ 38-8-NEW — 38-8-312) › Part 1 - GENERAL PROVISIONS (§§ 38-8-NEW — 38-8-134) › Section 38-8-134 - Section definitions - Development of drone policy - Use of drone by qualified officer

(a)
As used in this section:
(1)
"Drone" has the same meaning as defined in §
39-13-609
; and
(2)
"Law enforcement agency" has the same meaning as defined in §
39-13-609
.
(b)
By January 1, 2024, except as provided in subsection (c), each law enforcement agency shall develop and enforce a policy that prohibits an officer from using a drone or other substantially similar device as a weapon under any circumstances while in the exercise of the officer's official duties.
(c)
A law enforcement agency shall permit an officer qualified to operate a drone to utilize a drone or a substantially similar device for the purpose of remotely detonating a bomb or similar incendiary or explosive device.
Added by 2023 Tenn. Acts, ch. 326, s 1, eff. 4/28/2023.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 8 - EMPLOYMENT AND TRAINING OF POLICE OFFICERS (§§ 38-8-NEW — 38-8-312) › Part 2 - SCRAP JEWELRY AND METAL DEALERS (§§ 38-8-201 — 38-8-207) › Section 38-8-201 - Creation and purpose

(a)
There is created the Jerry F. Agee Tennessee law enforcement training academy, for the purpose of training police and law enforcement officers in the methods of maintaining law enforcement services in state, municipal, county and metropolitan jurisdictions.
(b)
In addition to attendance by law enforcement officers at the academy, students pursuing a degree with a major in law enforcement, criminal justice, or police science in a college or university of this state, and former members of the military who have been honorably discharged and who served a minimum of three (3) years' full-time service in the military, shall also be eligible for enrollment and training, the same as if the students and former members of the military were law enforcement officers in the academy. The students and former military members shall also meet the requirements set forth in §
38-8-106
and the standards established by the peace officer standards and training commission as required for law enforcement officers attending the academy.
(c)
The academy shall also have the authority to provide specialized training to other government or private sector employees whose work impacts public safety, such as court officials, emergency services personnel, process servers, hospital personnel and employees of the criminal justice system. It is the intent of the general assembly that the training be provided at no additional cost to the state. The director of the academy shall have full discretion in scheduling any additional training sessions offered by the academy; provided, that the training of state or local governmental law enforcement employees be given priority over private employee training.
Amended by 2016 Tenn. Acts, ch. 530,s 1, eff. 2/1/2016.
Acts 1963, ch. 173, § 1; 1969, ch. 144, § 1; impl. am. Acts 1979, ch. 93, § 1; T.C.A., § 38-801; Acts 2006, ch. 659, § 1.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 8 - EMPLOYMENT AND TRAINING OF POLICE OFFICERS (§§ 38-8-NEW — 38-8-312) › Part 2 - SCRAP JEWELRY AND METAL DEALERS (§§ 38-8-201 — 38-8-207) › Section 38-8-202 - State building commission to acquire site and build and equip facility

(a)
The state building commission is authorized and empowered to acquire a site or sites and to construct a suitable building or buildings for conducting the programs of the academy.
(b)
The commission is authorized to accept from any agency or department of state or local government a site or building by gift or donation, and in such event, may expend any capital outlay funds available for the restoration, renovation, repair and equipping of such facility.
Acts 1963, ch. 173, § 2; impl. am. Acts 1979, ch. 93, § 1; T.C.A., § 38-802.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 8 - EMPLOYMENT AND TRAINING OF POLICE OFFICERS (§§ 38-8-NEW — 38-8-312) › Part 2 - SCRAP JEWELRY AND METAL DEALERS (§§ 38-8-201 — 38-8-207) › Section 38-8-203 - Control - Personnel - Fees

(a)
The police and law enforcement programs offered through the academy shall be under the jurisdiction of such agency or agencies of the state of Tennessee as the governor shall designate by executive order. The commissioner of the agency appointed pursuant to executive order shall hire the director of the academy. The director, subject to approval of the appropriate state officials, is authorized to employ any personnel that may be reasonably required.
(b)
The academy may charge reasonable fees to cover costs of any food, lodging, instructional materials, equipment or services furnished trainees as may be established by the appropriate state officials.
Acts 1963, ch. 173, § 3; impl. am. Acts 1979, ch. 93, § 1; T.C.A., § 38-803; Acts 2012, ch. 986, § 6.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 8 - EMPLOYMENT AND TRAINING OF POLICE OFFICERS (§§ 38-8-NEW — 38-8-312) › Part 2 - SCRAP JEWELRY AND METAL DEALERS (§§ 38-8-201 — 38-8-207) › Section 38-8-204 - Authorization to contract with units of government

(a)
The agency designated by the governor to operate the academy, through its duly appointed representative, is authorized to enter into such contract or contracts with state, municipal, county or metropolitan law enforcement officials as may be necessary in order to carry out the provisions and purposes of this chapter.
(b)
The power to contract conferred by this section includes the power to contract with public agencies or officials for enrolling trainees in general courses, and establishing special courses designed to meet specific needs of agencies or units of government.
Acts 1963, ch. 173, § 4; impl. am. Acts 1979, ch. 93, § 1; T.C.A., § 38-804.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 8 - EMPLOYMENT AND TRAINING OF POLICE OFFICERS (§§ 38-8-NEW — 38-8-312) › Part 2 - SCRAP JEWELRY AND METAL DEALERS (§§ 38-8-201 — 38-8-207) › Section 38-8-205 - Authorization to spend appropriated and contributed funds

The agency designated by the governor to operate the academy, through its duly appointed representative, is authorized to expend such funds as may be appropriated by the general assembly and allotted by the commissioner of finance and administration for the purposes of this chapter; and to accept and expend any local, federal or foundation funds or contributions as may be received and allotted for the purposes of this part.
Acts 1963, ch. 173, § 5; impl. am. Acts 1979, ch. 93, § 1; T.C.A., § 38-805.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 8 - EMPLOYMENT AND TRAINING OF POLICE OFFICERS (§§ 38-8-NEW — 38-8-312) › Part 2 - SCRAP JEWELRY AND METAL DEALERS (§§ 38-8-201 — 38-8-207) › Section 38-8-206 - Consultations with law enforcement officials

In the establishment and operation of the academy, the state building commission and the designated agency for operation shall consult and advise with both state and local law enforcement officials, including, but not limited to, the departments of safety and correction, the wildlife resources agency, the district attorneys general, and local officials including representatives of municipal and county law enforcement agencies and with such educational agencies as may be deemed advisable.
Acts 1963, ch. 173, § 6; impl. am. Acts 1974, ch. 481, §§ 16-21; impl. am. Acts 1979, ch. 93, § 1; T.C.A., § 38-806.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 8 - EMPLOYMENT AND TRAINING OF POLICE OFFICERS (§§ 38-8-NEW — 38-8-312) › Part 2 - SCRAP JEWELRY AND METAL DEALERS (§§ 38-8-201 — 38-8-207) › Section 38-8-207 - On the job experience for institute instructors

(a)
It is the policy of this section to provide continuing on the job experience for instructors of the academy so that the instructors are made continually aware of the problems of and procedures within law enforcement agencies.
(b)
The commissioner of commerce and insurance may, in the commissioner's discretion, commission the director of the academy as a law enforcement officer or commission any instructor at the academy as a law enforcement officer on the written recommendation to the commissioner by the director. Any person who is commissioned pursuant to this subsection (b) shall be sworn according to the provisions of §§
8-8-101
and
8-18-111
.
(c)
Upon the request of the chief official of any law enforcement agency of the state, a county, or a municipality, the director may designate one (1) or more of the commissioned instructors at the academy to assist the agency in its law enforcement role. In designating the instructors to a law enforcement agency, the director shall consider the need for actual law enforcement experience of the instructors and the availability of the instructors to the requesting agency.
(d)
An instructor, when designated to an agency, will be required to be bonded in the manner and amount provided by law for the capacity in which the instructor shall serve.
(e)
An instructor, when designated, shall serve under the supervision of the chief official of the agency in which the instructor is serving.
(f)
An instructor, when designated, shall receive no compensation other than that to which the instructor is entitled as an instructor at the academy.
Acts 1976, ch. 603, §§ 1-5; impl. am. Acts 1979, ch. 93, § 1; T.C.A., §§ 38-807 -- 38-809; Acts 1989, ch. 410, § 1; 2006, ch. 1009, § 5.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 8 - EMPLOYMENT AND TRAINING OF POLICE OFFICERS (§§ 38-8-NEW — 38-8-312) › Part 3 - INVESTIGATIONS OF POLICE OFFICERS (§§ 38-8-301 — 38-8-312) › Section 38-8-301 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Committee" means a police advisory and review committee;
(2)
"Head of a law enforcement agency" means a chief of police of a municipal police force or a county sheriff, as applicable;
(3)
"Internal affairs unit" means a division of a local law enforcement agency that investigates allegations of misconduct by law enforcement officers employed by the agency;
(4)
"Law enforcement officer" means any person employed by any law enforcement agency of a local government entity, excluding a head of a law enforcement agency, who has a duty imposed by law to:
(A)
Maintain public order;
(B)
Make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses; and
(C)
Investigate the commission or suspected commission of offenses;
(5)
"Local governing body" means the city council, city commission, county commission, metropolitan council, or board of mayor and aldermen of a city;
(6)
"Local government entity" means any city, town, municipality, county, including any county having a metropolitan form of government in this state;
(7)
"Local law enforcement agency" means:
(A)
Within the territory of a municipality, the municipal police force;
(B)
Within the territory of a county having a metropolitan form of government, the metropolitan police force; or
(C)
Within the unincorporated territory of a county, the sheriff's office; and
(8)
"Mayor" means the officer vested by either the city or county charter or general law with the executive powers of a local government entity.
Amended by 2023 Tenn. Acts, ch. 454,s 1, eff. 7/1/2023.
Acts 1989, ch. 398, § 1.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 8 - EMPLOYMENT AND TRAINING OF POLICE OFFICERS (§§ 38-8-NEW — 38-8-312) › Part 3 - INVESTIGATIONS OF POLICE OFFICERS (§§ 38-8-301 — 38-8-312) › Section 38-8-302 - Questioning - Information provided to officer being questioned

Whenever an investigation by an agency focuses on matters that are likely to lead to the dismissal, demotion, suspension or transfer for punitive reasons of a police officer, the following conditions shall be complied with:
(1)
Any questioning of the officer shall take place at a reasonable time and place as designated by the investigating officer, preferably when the officer under investigation is on duty and at the office of the command of the investigating officer or at the office of the local precinct or police unit of the officer being investigated, unless circumstances dictate otherwise; and
(2)
Prior to being questioned, the officer shall be informed of:
(A)
The name and rank of the investigating officer and of any individual present during the questioning; and
(B)
The nature of the investigation.
Acts 1989, ch. 398, § 2.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 8 - EMPLOYMENT AND TRAINING OF POLICE OFFICERS (§§ 38-8-NEW — 38-8-312) › Part 3 - INVESTIGATIONS OF POLICE OFFICERS (§§ 38-8-301 — 38-8-312) › Section 38-8-303 - Disclosures by officers

No police officer shall be required or requested to disclose any item of property, income, assets, source of income, debts, or personal or domestic expenditures, including those of any member of the officer's family or household, unless such information is necessary in investigating a possible conflict of interest with respect to the performance of the officer's official duties, unless such disclosure is required by law, or unless such information is related to an investigation. Nothing in this section shall preclude an agency from requiring such police officer to disclose any place of off-duty employment and where the officer may be contacted.
Acts 1989, ch. 398, § 3.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 8 - EMPLOYMENT AND TRAINING OF POLICE OFFICERS (§§ 38-8-NEW — 38-8-312) › Part 3 - INVESTIGATIONS OF POLICE OFFICERS (§§ 38-8-301 — 38-8-312) › Section 38-8-304 - Officer notified of charges and sanctions - Opportunity to respond - Counsel

Before any dismissal, demotion, suspension without pay or transfer for punitive reasons may be imposed, the following must be complied with:
(1)
The police officer shall be notified in writing of all charges, the basis for the charges, and the action that may be taken;
(2)
The police officer shall be given an opportunity, within a reasonable time limit after the date of the written notice provided for in subdivision (1), to respond orally and in writing to the charges. The time limit shall be determined by the agency, but in no event shall it be less than five (5) calendar days unless agreed to by the police officer; and
(3)
In making a response, the police officer may be assisted by counsel at the officer's own expense.
Acts 1989, ch. 398, § 4.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 8 - EMPLOYMENT AND TRAINING OF POLICE OFFICERS (§§ 38-8-NEW — 38-8-312) › Part 3 - INVESTIGATIONS OF POLICE OFFICERS (§§ 38-8-301 — 38-8-312) › Section 38-8-305 - Proceedings subsequent to disciplinary action - Hearings - Evidence - Witnesses - Counsel - Record

(a)
A police officer who is dismissed, demoted, suspended or transferred for punitive reasons, may within a reasonable amount of time following such action, as set by the officer's agency, request a hearing. If such request is made in a timely manner, a hearing shall be held within a reasonable amount of time set by the agency. The hearing shall be set no later than fourteen (14) calendar days following the date of request, unless a later date is acceptable to the police officer.
(b)
At the hearing, the police officer and the officer's agency shall be afforded the opportunity to present evidence and to examine and cross-examine witnesses.
(c)
The hearing panel shall have the power to, and on the request of either the police officer or the officer's agency shall, issue subpoenas requiring the testimony of witnesses who have refused or failed to appear at the hearing.
(d)
The police officer shall also be given the opportunity to be represented by counsel at the hearing, unless such officer and agency are afforded, by regulation, the right to counsel in a subsequent de novo hearing.
(e)
The panel conducting the hearing shall rule on the admissibility of the evidence.
(f)
A record shall be made of the hearing.
Acts 1989, ch. 398, § 5.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 8 - EMPLOYMENT AND TRAINING OF POLICE OFFICERS (§§ 38-8-NEW — 38-8-312) › Part 3 - INVESTIGATIONS OF POLICE OFFICERS (§§ 38-8-301 — 38-8-312) › Section 38-8-306 - Suspension of officers

Nothing in this part shall prevent the immediate suspension without pay of any police officer whose continued presence on the job is deemed to be a substantial and immediate threat to the welfare of the officer's agency or the public, nor shall anything in this part prevent the suspension of a police officer for refusing to obey a direct order issued in conformance with the agency's written and disseminated rules and regulations. In such case, the police officer shall, upon request, be afforded the rights provided for under this part within a reasonable amount of time set by the agency.
Acts 1989, ch. 398, § 6.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 8 - EMPLOYMENT AND TRAINING OF POLICE OFFICERS (§§ 38-8-NEW — 38-8-312) › Part 3 - INVESTIGATIONS OF POLICE OFFICERS (§§ 38-8-301 — 38-8-312) › Section 38-8-307 - Minor infractions

Nothing in this part shall be construed to prohibit the informal counseling of a police officer by a supervisor in reference to a minor infraction of policy or procedure that does not result in disciplinary action being taken against the police officer.
Acts 1989, ch. 398, § 7.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 8 - EMPLOYMENT AND TRAINING OF POLICE OFFICERS (§§ 38-8-NEW — 38-8-312) › Part 3 - INVESTIGATIONS OF POLICE OFFICERS (§§ 38-8-301 — 38-8-312) › Section 38-8-308 - Rights deemed minimum rights - Agency grievance procedures - Additional rights

The rights accorded police officers in this part shall be minimum rights and all agencies shall promulgate grievance procedures not inconsistent with this part. Any agency may provide for the rights of police officers in addition to this part.
Acts 1989, ch. 398, § 8.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 8 - EMPLOYMENT AND TRAINING OF POLICE OFFICERS (§§ 38-8-NEW — 38-8-312) › Part 3 - INVESTIGATIONS OF POLICE OFFICERS (§§ 38-8-301 — 38-8-312) › Section 38-8-309 - Applicability of part

Sections
38-8-301
- 38-8-308 of this part shall apply only to those agencies that now provide a property interest in employment for their police officers and that have no other established procedures for dealing with the dismissal, demotion, suspension or transfer for punitive reasons of police officers.
Amended by 2023 Tenn. Acts, ch. 454, s 3, eff. 7/1/2023.
Acts 1989, ch. 398, § 9.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 8 - EMPLOYMENT AND TRAINING OF POLICE OFFICERS (§§ 38-8-NEW — 38-8-312) › Part 3 - INVESTIGATIONS OF POLICE OFFICERS (§§ 38-8-301 — 38-8-312) › Section 38-8-310 - Political activity

No law enforcement officer, including any member of the Tennessee highway patrol, shall engage in political activity, support or opposition to any candidate, party or measure in any election when on duty or acting in the officer's or member's official capacity. When off duty and acting as a private citizen, no officer, including any member of the Tennessee highway patrol, shall be prohibited from engaging in political activity or denied the right to refrain from engaging in the activity.
Acts 1991, ch. 193, § 1; T.C.A. §
38-8-351
; Acts 2006, ch. 1009, § 6.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 8 - EMPLOYMENT AND TRAINING OF POLICE OFFICERS (§§ 38-8-NEW — 38-8-312) › Part 3 - INVESTIGATIONS OF POLICE OFFICERS (§§ 38-8-301 — 38-8-312) › Section 38-8-311 - Investigative record of officer-involved shooting death

(a)
After completion of an investigation into an officer-involved shooting death by the Tennessee bureau of investigation and after the completion of the prosecutorial function by the district attorney general, notwithstanding §
10-7-504
to the contrary, the investigative record of the incident shall become a public record pursuant to title 10, chapter 7. Notwithstanding §
10-7-504
, the district attorney general may disclose all or part of the investigative record to the public prior to the record becoming a public record as provided in this section.
(b)
For purposes of this section, "officer-involved shooting death" means a death that results from a shooting by a law enforcement officer that occurs while the officer is on-duty or is off-duty while performing activities that are within the scope of the law enforcement officer's duties.
Added by 2017 Tenn. Acts, ch. 277,s 1, eff. 5/4/2017.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 9 - CIVIL EMERGENCIES (§§ 38-9-101 — 38-9-106) › Section 38-9-101 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Chief administrative officer" means the mayor of any municipality incorporated under the general law pursuant to title 6, chapter 1, part 2, or of any metropolitan government as chartered pursuant to title 7, chapter 1; and the city manager of any municipality incorporated pursuant to title 6, chapter 18, or of any municipality incorporated pursuant to title 6, chapter 30. In the case of other municipalities the chief administrative officer shall be the city manager or if there be none, the mayor. Any municipality, however, may by ordinance, specially designate any official as chief administrative officer for purposes of this chapter;
(2)
"Civil emergency" means:
(A)
A riot or unlawful assembly characterized by the use of actual force or violence or a threat to use force, if accompanied by the immediate power to execute, by three (3) or more persons acting together without authority of law;
(B)
Any natural disaster or man-made calamity, including, but not limited to, flood, conflagration, cyclone, tornado, earthquake or explosion within the geographic limits of a municipality resulting in the death or injury of persons, or the destruction of property to such an extent that extraordinary measures must be taken to protect the public health, safety and welfare; and
(C)
The destruction of property, or the death or injury of persons brought about by the deliberate acts of one (1) or more persons acting either alone or in concert with others, when such acts are a threat to the peace of the general public or any segment of the general public;
(3)
"Curfew" means a prohibition against any person or persons walking, running, loitering, standing or motoring upon any alley, street, highway, public property or vacant premises within the corporate limits of the municipality, except persons officially designated to duty with reference to the civil emergency, or those lawfully on the streets as defined in this chapter; and
(4)
"Substitute officer" means an official who shall act in the absence or inability to act of the chief administrative officer as provided in this chapter. Each municipality shall by ordinance designate a "substitute officer" for the purpose of this chapter.
Acts 1968, ch. 485, § 1; 1971, ch. 57, § 1; T.C.A., § 38-901.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 9 - CIVIL EMERGENCIES (§§ 38-9-101 — 38-9-106) › Section 38-9-102 - Proclamation of civil emergency

When, in the judgment of the chief administrative officer of a municipality, a civil emergency as defined in this chapter is determined to exist, the officer shall immediately proclaim in writing the existence of the civil emergency, a copy of which proclamation will be filed with the clerk of the municipality, or if there is none, with the recorder.
Acts 1968, ch. 485, § 2; T.C.A., § 38-902.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 9 - CIVIL EMERGENCIES (§§ 38-9-101 — 38-9-106) › Section 38-9-103 - General curfew

After proclamation of a civil emergency by the chief administrative officer, the officer may order a general curfew applicable to the geographical areas of the municipality or to the municipality as a whole, as the officer deems advisable, and applicable during those hours of the day or night the officer deems necessary in the interest of the public safety and welfare. The proclamation and general curfew shall have the force and effect of law and shall continue in effect until rescinded in writing by the chief administrative officer, but not to exceed fifteen (15) days.
Acts 1968, ch. 485, § 3; T.C.A., § 38-903.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 9 - CIVIL EMERGENCIES (§§ 38-9-101 — 38-9-106) › Section 38-9-104 - Restrictive orders

After proclamation of a civil emergency, the chief administrative officer may, at the officer's discretion, in the interest of public safety and welfare:
(1)
Order the closing of all retail liquor stores;
(2)
Order the closing of all establishments where beer or alcoholic beverages are served;
(3)
Order the closing of all private clubs or portions of private clubs where the consumption of intoxicating liquor or beer is permitted;
(4)
Order the discontinuance of the sale of beer;
(5)
Order the discontinuance of selling, distribution, or giving away of gasoline or other liquid flammable or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle;
(6)
Order the closing of gasoline stations, and other establishments, the chief activity of which is the sale, distribution or dispensing of liquid flammable or combustible products;
(7)
Order the discontinuance of selling, distributing, dispensing or giving away any firearms or ammunition of any character whatsoever;
(8)
Order the closing of any or all establishments or portions of establishments, the chief activity of which is the sale, distribution, dispensing or giving away of firearms or ammunition; and
(9)
Issue such other orders as are necessary for the protection of life and property.
Acts 1968, ch. 485, § 4; T.C.A., § 38-904.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 9 - CIVIL EMERGENCIES (§§ 38-9-101 — 38-9-106) › Section 38-9-105 - Violations - Penalty

Municipalities may provide by ordinance that any person violating the provisions of orders issued by the chief administrative officer pursuant to this authorization during a proclaimed civil emergency commits a Class C misdemeanor.
Acts 1968, ch. 485, § 5; T.C.A., § 38-905.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 9 - CIVIL EMERGENCIES (§§ 38-9-101 — 38-9-106) › Section 38-9-106 - Exceptions to curfew

Any curfew as defined in this chapter shall not apply to persons lawfully on the streets and public places during a civil emergency who have obtained permission of the local chief of police or other law enforcement officer then in charge of municipal law enforcement, which permission shall be granted on good cause shown. This curfew also shall not apply to medical personnel in the performance of their duties.
Acts 1968, ch. 485, § 6; T.C.A., § 38-906.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 10 - INTRASTATE COMMUNICATION OF CRIMINAL STATISTICS (§§ 38-10-101 — 38-10-105) › Section 38-10-101 - System established - National Crime Prevention and Privacy Compact

(a)
The director of the Tennessee bureau of investigation shall establish a system of intrastate communication of vital statistics and information relating to crime, criminals, and criminal activity.
(b)
(1)
Criminal history information shall be made available according to the provisions of the National Crime Prevention and Privacy Compact, codified in §
38-14-101
.
(2)
(A)
The general assembly approves and ratifies the National Crime Prevention and Privacy Compact,
42 U.S.C. § 14616
, as it existed on January 1, 2001, and the compact shall remain in effect until legislation is enacted renouncing the compact.
(B)
The director of the Tennessee bureau of investigation shall execute, administer and implement the compact on behalf of the state and may adopt necessary rules, regulations and procedures for the national exchange of criminal history records for noncriminal justice purposes.
(C)
Ratification of the compact does not affect the obligations and responsibilities of the Tennessee bureau of investigation regarding the dissemination of criminal history records within Tennessee.
Acts 1973, ch. 159, § 1; 1978, ch. 803, § 1; 1980, ch. 636, § 6; T.C.A., §38-1201; Acts 2003 , ch. 186, § 1.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 10 - INTRASTATE COMMUNICATION OF CRIMINAL STATISTICS (§§ 38-10-101 — 38-10-105) › Section 38-10-102 - Reports by state and local agencies - Report by Tennessee bureau of investigation on law enforcement-related deaths

(a)
All state, county, and municipal law enforcement and correctional agencies, and courts, shall submit to the director of the Tennessee bureau of investigation reports setting forth their activities in connection with law enforcement and criminal justice, including uniform crime reports and reports of law enforcement-related deaths.
(b)
The Tennessee bureau of investigation shall provide to the commissioner of health and to the general assembly, by March 31 of each year, a report on all law enforcement-related deaths that occurred in the prior calendar year.
(c)
The Tennessee bureau of investigation, in consultation with the department of health, has the authority to promulgate rules regarding the collection and reporting of information concerning law enforcement-related deaths, with such rules to be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(d)
As used in this section, "law enforcement-related death" means:
(1)
The death of an individual in custody, whether in a prison, jail, or otherwise in the custody of law enforcement, pursuant to an arrest or a transfer between institutions; or
(2)
The death of an individual potentially resulting from an interaction with law enforcement, while the law enforcement officer is on duty or while the law enforcement officer is off duty but performing activities that are within the scope of the officer's law enforcement duties, without regard to:
(A)
Whether the individual was in custody; or
(B)
Whether a weapon was involved.
(e)
All government entities required to report under this section shall maintain a record of deaths of individuals in custody as defined in subdivision (d)(1) that is open for public inspection and that contains:
(1)
The identity and age of the deceased individual;
(2)
The time and date of the death; and
(3)
The cause of death as determined by the county or state medical examiner pursuant to §
38-7-109
.
Amended by 2022 Tenn. Acts, ch. 850, s 1, eff. 4/20/2022.
Amended by 2016 Tenn. Acts, ch. 896, s 1, eff. 1/1/2017.
Acts 1973, ch. 159, § 2; 1980, ch. 636, § 6; T.C.A., § 38-1202.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 10 - INTRASTATE COMMUNICATION OF CRIMINAL STATISTICS (§§ 38-10-101 — 38-10-105) › Section 38-10-103 - Uniform crime reports - Rules on form and content

It is the duty of the director of the Tennessee bureau of investigation to adopt and promulgate rules and regulations prescribing the form, general content, time, and manner of submission of the uniform crime reports required pursuant to §
38-10-102
. The rules so adopted and promulgated shall be filed with the secretary of state pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and shall have the force and effect of law.
Acts 1973, ch. 159, § 3; 1980, ch. 636, § 6; T.C.A., § 38-1203.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 10 - INTRASTATE COMMUNICATION OF CRIMINAL STATISTICS (§§ 38-10-101 — 38-10-105) › Section 38-10-104 - Correlation of reports - Annual reports

(a)
The director of the Tennessee bureau of investigation shall correlate the reports submitted to the director pursuant to §
38-10-102
, and shall compile and submit to the governor and the general assembly an annual report based on such reports. A copy of the report shall be furnished to law enforcement, prosecuting, judicial, correctional authorities, and other appropriate law enforcement and criminal justice agencies.
(b)
The annual report required by subsection (a) shall contain demographic data, including the percentage of suspects, victims, and convicted offenders based on race, gender, age, nationality, and any other appropriate demographic, as determined by the director of the Tennessee bureau of investigation.
Amended by 2015 Tenn. Acts, ch. 287,s 1, eff. 4/28/2015.
Acts 1973, ch. 159, § 4; 1977, ch. 355, § 1; 1980, ch. 636, § 6; T.C.A., § 38-1204.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 10 - INTRASTATE COMMUNICATION OF CRIMINAL STATISTICS (§§ 38-10-101 — 38-10-105) › Section 38-10-105 - Failure of official to make report or comply with provisions

Any officer or official mentioned in this chapter who shall have been notified and refuses to make any report or do any act required by any provision of this chapter shall be deemed guilty of nonfeasance of office and subject to removal therefrom.
Acts 1978, ch. 803, § 2; T.C.A., § 38-1205.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 11 - DRUG INTERDICTION PROGRAMS (§§ 38-11-101 — 38-11-206) › Part 2 - COUNTY BOUNTY ACT (§§ 38-11-201 — 38-11-206) › Section 38-11-201 - [Repealed]

Repealed by 2020 Tenn. Acts, ch. 522,s 1, eff. 3/6/2020.
Acts 1988, ch. 1035, § 1.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 11 - DRUG INTERDICTION PROGRAMS (§§ 38-11-101 — 38-11-206) › Part 2 - COUNTY BOUNTY ACT (§§ 38-11-201 — 38-11-206) › Section 38-11-202 - [Repealed]

Repealed by 2020 Tenn. Acts, ch. 522,s 1, eff. 3/6/2020.
Acts 1988, ch. 1035, § 2.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 11 - DRUG INTERDICTION PROGRAMS (§§ 38-11-101 — 38-11-206) › Part 2 - COUNTY BOUNTY ACT (§§ 38-11-201 — 38-11-206) › Section 38-11-203 - [Repealed]

Repealed by 2020 Tenn. Acts, ch. 522,s 1, eff. 3/6/2020.
Acts 1988, ch. 1035, § 3.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 11 - DRUG INTERDICTION PROGRAMS (§§ 38-11-101 — 38-11-206) › Part 2 - COUNTY BOUNTY ACT (§§ 38-11-201 — 38-11-206) › Section 38-11-204 - [Repealed]

Repealed by 2020 Tenn. Acts, ch. 522,s 1, eff. 3/6/2020.
Acts 1988, ch. 1035, § 4; 1996, ch. 675, §§ 20, 21.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 11 - DRUG INTERDICTION PROGRAMS (§§ 38-11-101 — 38-11-206) › Part 2 - COUNTY BOUNTY ACT (§§ 38-11-201 — 38-11-206) › Section 38-11-205 - [Repealed]

Repealed by 2020 Tenn. Acts, ch. 522,s 1, eff. 3/6/2020.
Acts 1988, ch. 1035, §§ 5, 6.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 11 - DRUG INTERDICTION PROGRAMS (§§ 38-11-101 — 38-11-206) › Part 2 - COUNTY BOUNTY ACT (§§ 38-11-201 — 38-11-206) › Section 38-11-206 - [Repealed]

Repealed by 2020 Tenn. Acts, ch. 522,s 1, eff. 3/6/2020.
Amended by 2013 Tenn. Acts, ch. 236,s 67, eff. 4/19/2013.
Acts 1988, ch. 1035, § 6.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 12 - DOMESTIC VIOLENCE STATE COORDINATING COUNCIL (§§ 38-12-101 — 38-12-111) › Section 38-12-101 - Creation

There is created the domestic violence state coordinating council.
Acts 1995, ch. 376, § 1.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 12 - DOMESTIC VIOLENCE STATE COORDINATING COUNCIL (§§ 38-12-101 — 38-12-111) › Section 38-12-102 - Purpose - Responsibilities

The purpose of the coordinating council is to increase the awareness and understanding of domestic and family violence and its consequences and to reduce the incidence of domestic and family violence within the state. Domestic violence state coordinating council responsibilities include designing a:
(1)
Policy for law enforcement and judicial response to domestic violence, to be made available for use on a statewide basis;
(2)
Training course and curriculum for law enforcement personnel who are likely to encounter situations of domestic violence, on the dynamics of domestic violence and the handling, investigation and response procedures concerning reports of domestic violence, to be made available for use on a statewide basis; and
(3)
Training course and curriculum for all judges and judicial personnel, who are likely to encounter situations of domestic violence, on the dynamics of domestic violence and the handling and response procedures concerning allegations of domestic violence, to be made available on a statewide basis.
Acts 1995, ch. 376, § 2.
2023 Tennessee Code › Title 38 - PREVENTION AND DETECTION OF CRIME (§§ 38-1-101 — 38-14-101) › Chapter 12 - DOMESTIC VIOLENCE STATE COORDINATING COUNCIL (§§ 38-12-101 — 38-12-111) › Section 38-12-104 - Annual report

The coordinating council shall provide an annual report on its activities to the Tennessee department of finance and administration office of criminal justice programs, the governor, and to the chief clerk of the senate and the chief clerk of the house of representatives.
Added by 2014 Tenn. Acts, ch. 779,s 6, eff. 7/1/2014.