Title 38 Prevention And Detection Of Crime
Chapter 1 Miscellaneous Provisions Part 1 Evidence of Crimes § 38-1-101. Reports to law enforcement officials of certain types of injuries — Immunity for reporting — Exception. - (a)
- (1) All hospitals, clinics, sanitariums, doctors, physicians, surgeons, nurses, pharmacists, undertakers, embalmers, or other persons called upon to tender aid to persons suffering from any wound or other injury inflicted by means of a knife, pistol, gun, or other deadly weapon, or by other means of violence, or suffering from the effects of poison, suffocation, or a fatal drug overdose, to the extent allowed by state and federal law, or where a wound or injury is reasonably believed to have resulted from exposure to a methamphetamine laboratory or a methamphetamine related fire, explosion, or chemical release, or appears to be suffering from or to have been the victim of female genital mutilation in violation of § 39-13-110, shall report the same immediately to the chief of police, if the injured person is in or brought into or the injury occurred in an incorporated town or city, or to the sheriff if the injured person is in or brought into or the injury occurred in the county outside the corporate limits of any incorporated town or city, and shall also, in either event, report the same immediately to the district attorney general or a member of the district attorney general’s staff of the judicial district in which the injured person is, or has been brought into, or the injury occurred. Such report shall state the name, residence, and employer of such person, if known, such person’s whereabouts at the time the report is made, the place the injury occurred, and the character and extent of such injuries.
- (2) No later than January 15 of each year, district attorneys general shall report the number of reports of a person who appeared to be suffering from or to have been the victim of female genital mutilation in violation of § 39-13-110 received pursuant to subdivision (a)(1) to the senate judiciary committee and the criminal justice committee of the house of representatives.
- (b) Injuries to minors that are required to be reported by § 37-1-403 are not required to be reported under this section.
- (c)
- (1) Where a person acts in good faith in making a report under subsection (a), that person shall be immune from any civil liability and shall have an affirmative defense to any criminal liability arising from that protected activity.
- (2) There exists a rebuttable presumption that a person making a report under subsection (a) is doing so in good faith.
- (d) For purposes of this part, “person” means any individual, firm, partnership, co-partnership, association, corporation, governmental subdivision or agency, or other organization or other legal entity, or any agent, servant, or combination of persons thereof.
- (e)
- (1) The reporting provisions in subsection (a) do not apply if the person seeking or receiving treatment:
- (A) Is 18 years of age or older;
- (B) Objects to the release of any identifying information to law enforcement officials; and
- (C) Is a victim of a sexual assault offense or domestic abuse as defined in § 36-3-601.
- (2) This exception shall not apply and the injuries shall be reported as provided in subsection (a) if the injuries incurred by the sexual assault or domestic abuse victim are considered by the treating healthcare professional to be life threatening, or the victim is being treated for injuries inflicted by strangulation, a knife, pistol, gun, or other deadly weapon.
- (3) A hospital, healthcare provider or other person who is required to report under subsection (a) shall be immune from civil liability for not reporting if in good faith the hospital, healthcare provider or other person does not report the injury in order to comply with this subsection (e).
- (4) If a person injured as provided in subsection (a) is first treated by an EMT, EMT-P, emergency medical or rescue worker, firefighter or other first responder, it shall not be the duty of the first responder to determine if the patient comes within the provisions of subdivision (e)(1). If the first responder transports the patient to a healthcare facility, the first responder’s duty is to notify the treating physician or emergency room staff at the facility of the suspected cause of the patient’s injury. If the patient is not transported to a healthcare facility, the first responder shall report the result of the call to the 911 center.
History (14)
- Acts 1943, ch. 107, § 1
- C. Supp. 1950, § 5717.32 (Williams, § 5717.35)
- Acts 1963, ch. 247, § 1
- 1965, ch. 60, § 7
- 1973, ch. 81, § 5
- T.C.A. (orig. ed.), § 38-601
- Acts 2005, ch. 18, § 4
- 2012, ch. 688, §§ 1, 2
- 2012, ch. 817, § 1
- 2012, ch. 1093, § 1
- 2018, ch. 619, § 1
- 2019, ch. 345, § 50
- 2021, ch. 64, § 40
- 2022, ch. 1094, § 1.
§ 38-1-102. Removing or disturbing body or other articles at scene of death unlawful. - It is unlawful for any person to touch, disturb, move or remove the body, clothing, personal effects, or weapons of, at or near any person who has died or reasonably appears to have died from wounds or injuries inflicted by means of a knife, pistol, gun, or other deadly weapon, or by other means of violence, drowning, suffocation, poison, or hanging, until the immediate notification and arrival on the death scene or place where such body is found, of the chief of police, or the chief of police's lawful representative, if the body is found in an incorporated town or city, or of the sheriff or the sheriff's lawful representative, if the body is found in the county outside the corporate limits of any incorporated town or city or of the district attorney general or a member of the district attorney general's staff of the judicial district in which such body is found.
History (3)
- Acts 1943, ch. 107, § 2
- mod. C. Supp. 1950, § 5717.33 (Williams, § 5717.36)
- T.C.A. (orig. ed.), § 38-602.
§ 38-1-103. Violation of §§ 38-1-101 and 38-1-102. - (a) Any person who knowingly fails to make the report required by § 38-1-101 within twenty-four (24) hours of tendering aid for any wound or injury as described in § 38-1-101 commits a Class A misdemeanor.
- (b) Any person in violation of § 38-1-102 commits a Class A misdemeanor.
History (5)
- Acts 1943, ch. 107, § 3
- C. Supp. 1950, § 5717.34 (Williams, § 5717.37)
- T.C.A. (orig. ed.), § 38-603
- Acts 1989, ch. 591, §§ 1, 6
- 2012, ch. 688, § 3.
§ 38-1-104. Autopsies authorized on application of district attorney general. - (a) Whenever the district attorney general of any judicial district in this state is of the opinion that any death occurring in any county in that district attorney general's judicial district has proceeded from a felonious cause, and that the cause of death cannot be adequately and safely determined in the absence of an autopsy upon the body of the deceased, the district attorney general may file with the judge of the court having criminal jurisdiction the district attorney general's sworn petition, which shall set forth the district attorney general's belief that the death in question proceeded from a felonious cause, that the cause of death cannot be adequately determined in the absence of an autopsy and the reasons that actuate the district attorney general's belief as to the felonious nature of such death. Such petition may be presented to the judge having criminal jurisdiction, either in term time or in vacation, and either in the county in which it is claimed that the homicide occurred or in any other county of the judicial district, and the judge shall have power and authority to pass upon the same in any county of that judge's district. When known or reasonably ascertainable, a copy of the petition shall be served upon the next of kin of the deceased.
- (b) Upon the presentation of the petition to the judge having jurisdiction, the judge shall be authorized to consider the petition and in the exercise of sound judicial discretion, either make or deny an order authorizing an autopsy to be performed upon the body of the deceased. If the judge grants the petition, it shall then be the duty of the district attorney general to authorize the performance of the autopsy by some competent physician and to take all action necessary toward such end, including the disinterment of the body of the deceased should the body have been interred. The physician holding the autopsy shall file in the office of the clerk of the court having criminal jurisdiction in the county a full and complete report of the physician's findings in connection with the autopsy, which report shall be available to such parties as may be interested in the report.
- (c) The costs and expense of the autopsy shall be presented to and approved by the trial judge making the order for the autopsy, and upon approval by the trial judge, shall be payable by the state as other costs, chargeable to the state, are paid.
History (5)
- Acts 1949, ch. 61, § 1
- C. Supp. 1950, § 9966.1 (Williams, § 5717.38)
- Acts 1973, ch. 195, § 1
- T.C.A. (orig. ed.), § 38-604
- Acts 1986, ch. 588, § 1.
§ 38-1-105. Failure to report discovery of dead body. - It is a Class A misdemeanor for any person who discovers an unattended dead human body, or any part of a dead human body, to fail to report the discovery immediately, by the fastest available means of communication, to the chief of police if the body, or any part of the body, is discovered in an incorporated town or city, or to the sheriff if the body, or any part of the body, is discovered in the county outside the corporate limits of any incorporated town or city.
History (3)
- Acts 1967, ch. 56, § 1
- T.C.A., § 38-605
- Acts 1989, ch. 591, §§ 1, 6.
§ 38-1-106. Notification to next of kin — Determination of “seriously injured”. - (a) Law enforcement officers and employees of law enforcement agencies shall make a reasonable effort to promptly notify the next of kin of any person who has been killed or seriously injured in an accidental manner before any statement, written or spoken, is delivered or transmitted to the press by any law enforcement official, employee or agency, disclosing the decedent's or seriously injured person's name.
- (b) For the purposes of the notification requirements of this section, the investigating officer shall make the determination, based upon the officer's personal opinion, as to whether a person is “seriously injured.” Neither the officer nor the officer's employer shall incur any liability based upon the officer's opinion as to whether a person is seriously injured or not.
Part 3 Statutory Rape Prevention § 38-1-301. Purpose of part. - The purpose of this part is to curtail the crime of statutory rape, to require the reporting of a condition believed to be indicative of statutory rape, and, being necessary for the health, peace and safety of the public, to protect minors in a specified age range, who are not legally competent to consent to sex, from rape.
§ 38-1-302. Report of pregnancy and identity of alleged father to judge or law enforcement official. - (a) If, during any treatment or examination of any child less than eighteen (18) years of age, a determination is made that the child is pregnant, and if it is learned during the course of the treatment or examination that the alleged father is at least four (4) years older than, but not the legal spouse of the victim, in accordance with § 39-13-506, the doctor, physician, surgeon, health care provider or other person examining or treating the child or diagnosing the condition is encouraged to, upon obtaining the consent of the patient, a parent, legal guardian or custodian, and within twenty-four (24) hours of the time of the treatment, examination or diagnosis, report the pregnancy by telephone or otherwise, to the judge having juvenile jurisdiction or to the office of sheriff or the chief law enforcement official of the municipality where the child resides.
- (b) Injuries to minors that are required to be reported by § 37-1-403 are not required to be reported under this part.
§ 38-1-303. Contents of report. - The report may include, to the extent known by the doctor, physician, surgeon, health care provider or other person filing the report, the name, address and age of the child; the name, address and age of the alleged father; the alleged father's whereabouts at the time the report is made; the results of the diagnosis; and the facts requiring the report. The report may include any other pertinent information.
§ 38-1-304. Confidentiality of reports and identities. - Reports made under this part, and the identity of the person filing the report, are confidential, except when the court having jurisdiction determines the testimony of the person reporting to be material to an indictment or conviction.
§ 38-1-305. Notice of statutory rape from public assistance providers to law enforcement agencies. - When a person who is at least thirteen (13) years of age but less than eighteen (18) years of age, or a parent, legal guardian or custodian on behalf of such person, applies to the department of human services for child support services, temporary assistance for needy families (TANF) or any other program designed to provide similar public assistance, and the department determines from the application, or during the course of any interview with the applicant, that the father or alleged father of the child is at least four (4) years older than such child's mother, the department shall report such information indicating the occurrence of a possible statutory rape to the appropriate law enforcement agency and district attorney general.
Part 4 Cross Reporting of Animal Cruelty § 38-1-401. Part definitions. - As used in this part, unless the context otherwise requires:
- (1) “Animal” means a domesticated living creature or a wild creature previously captured;
- (2) “Cruelty,” “abuse,” and “neglect” mean every act, omission, or neglect whereby unreasonable physical pain, suffering, or death is caused or permitted;
- (3) “Owner” means any person who is the legal owner, keeper, harborer, possessor, or the actual custodian of an animal. “Owner” includes corporations as well as individuals; and
- (4) “Reasonable suspicion” means that it is objectively reasonable for a person to entertain a suspicion, based upon facts, that could cause a reasonable person in a like position, drawing, when appropriate, on the person's training and experience, to suspect animal cruelty, abuse, or neglect.
§ 38-1-402. Duty to report cruelty, abuse or neglect — No duty to investigate — Confidentiality. - (a) Any state, county or municipal employee of a child or adult protective services agency, while acting in a professional capacity or within the scope of employment, who has knowledge of or observes an animal that the person knows or reasonably suspects has been the victim of cruelty, abuse, or neglect, shall report the known or reasonably suspected animal cruelty, abuse, or neglect to the entity or entities that investigate reports of animal cruelty, abuse, and neglect in that county.
- (b) The report required under subsection (a) may be made within two (2) working days of receiving the information concerning the animal, by facsimile transmission of a written report presented in the form described in § 38-1-403, or by telephone, if all of the information that is required to be provided pursuant to § 38-1-403 is furnished. In cases where an immediate response may be necessary in order to protect the health and safety of the animal or others, the report may be made by telephone as soon as possible.
- (c) Unless a duty exists under current law, nothing in this section shall be construed to impose a duty to investigate known or reasonably suspected animal cruelty, abuse, or neglect.
- (d) Nothing in this part shall expand or limit confidentiality requirements under existing law relative to child or adult protective services. The name of any employee of a child or adult protective services agency who reports known or reasonably suspected animal cruelty, abuse or neglect shall remain confidential.
§ 38-1-403. Reporting form — Telephone reports — Single report if cruelty, abuse or neglect witnessed by more than one person — No impact on accepted hunting, fishing, livestock and veterinarian practices. - (a) If not made by telephone, reports made pursuant to § 38-1-402 (a) may be made on a preprinted form prepared by the entity or entities that investigate reports of animal cruelty, abuse, and neglect in that county, that includes the definitions contained in § 38-1-401 and a space for the reporter to include each of the following:
- (1) The reporter's name and title;
- (2) The reporter's business address and telephone number;
- (3) The name, if known, of the animal's owner or custodian;
- (4) The location of the animal and the premises on which the known or reasonably suspected animal cruelty, abuse, or neglect took place;
- (5) A description of the location of the animal and the premises;
- (6) The type and numbers of animals involved;
- (7) A description of the animal and its condition; and
- (8) The date, time, and a description of the observation or incident that led the reporter to suspect animal cruelty, abuse, or neglect and any other information the reporter believes may be relevant.
- (b) Any employee making a report or telephone call pursuant to this part shall make all reasonable efforts to include the information delineated in subsection (a). Nothing in this section shall be construed to impose a duty to investigate known or reasonably suspected animal cruelty, abuse, or neglect.
- (c) When two (2) or more employees of a state, county or municipal child or adult protective services agency are present and jointly have knowledge of known or reasonably suspected animal cruelty, abuse, or neglect, and where there is agreement among them, by mutual agreement, a report may be made by one (1) person. Any reporter who has knowledge that the person designated to report has failed to do so may thereafter make the report.
- (d)
- (1) Nothing in this part shall be construed as prohibiting legal hunting and fishing activities.
- (2) Nothing in this part shall be construed as prohibiting the owner of livestock as defined in § 43-1-114(b), or someone acting with consent of the owner of livestock, from engaging in usual and customary practices that are accepted by colleges of agriculture or veterinary medicine with respect to livestock, nor shall this part be construed as requiring the reporting of those practices.
- (3) Nothing in this part shall be construed to apply to a veterinarian or veterinary technician engaged in accepted veterinary practices.
History (2)
- Acts 2006, ch. 736, § 4
- 2014, ch. 568, § 3.
Part 5 Racial Profiling Prevention Act § 38-1-502. Part definitions. - As used in this part:
- (1) “Law enforcement agency”:
- (A) Means a lawfully established state or local public agency that:
- (i) Is responsible for preventing and detecting crime and enforcing laws or local ordinances; and
- (ii) Has employees who are authorized to make arrests for crimes while acting within the scope of their authority; and
- (B) Includes an institution considered a “law enforcement agency” pursuant to § 49-7-118; and
- (2) “Racial profiling” means the detention or interdiction of an individual in traffic contacts, field contacts, or asset seizure and forfeiture efforts solely on the basis of the individual's actual or perceived race, color, ethnicity, or national origin.
Part 6 Providing Caller Locations in Emergencies § 38-1-601. Part definitions. - As used in this part, unless the context otherwise requires:
- (1) “Department” means the department of commerce and insurance; and
- (2) “Wireless telecommunications service provider” means a provider of commercial mobile radio service as defined by 47 CFR 20.3.
§ 38-1-602. Wireless telecommunications service provider to provide call location information to law enforcement agency — Obtaining contact information for all service providers. - (a) Upon request of a law enforcement agency, a wireless telecommunications service provider shall provide call location information concerning the telecommunications device of the user in order for the requesting law enforcement agency to respond to a call for emergency services or an emergency situation that involves the risk of death or serious physical harm. The wireless telecommunications service provider shall provide the most accurate call location information available, given the technical and other limitations that may affect the accuracy of the call location information in the relevant area.
- (b) The department shall obtain contact information for all wireless telecommunications service providers authorized to do business in this state in order to facilitate a request from a law enforcement agency for call location information in accordance with this section.
- (c) When requested by a law enforcement agency, the public safety answering point of the enhanced 911 statewide system, authorized by title 7, chapter 86, part 3, shall assist the agency in obtaining call location information from wireless telecommunications service providers. Such assistance shall be provided only upon the requesting agency providing information establishing that the call location information is necessary to assist the agency in responding to a call for emergency services or to an emergency situation that involves the risk of death or serious physical harm.
§ 38-1-603. Liability of wireless telecommunications service provider. - No cause of action shall lie in any court against any wireless telecommunications service provider, its officers, employees, agents, or other specified persons for providing call location information while acting in good faith and in accordance with this part. A wireless telecommunications service provider shall not be obligated to make an affirmative determination that the requesting law enforcement agency or public safety answering point has met the threshold requirements of this part.
§ 38-1-604. Adoption of rules. - The commissioner of commerce and insurance shall adopt rules, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, relative to the notice and disclosure requirements provided in this part.
Part 8 Tennessee Businesses Against Trafficking Program § 38-1-801. Tennessee Businesses Against Trafficking. - (a) The secretary of state shall establish and implement a program designated as the Tennessee Businesses Against Trafficking program to engage participating corporations and other private entities in voluntary efforts to identify, prevent, and combat human trafficking.
- (b) The secretary of state shall present a certificate of recognition to a participating corporation or private entity to recognize the corporation's or entity's contributions to the efforts of federal, state, and local officials engaged in combatting human trafficking and prosecuting human trafficking crimes.
- (c) A corporation or other private entity that participates in the program shall:
- (1) Adopt a zero-tolerance policy toward human trafficking;
- (2) Take measures to ensure that the corporation's or entity's employees comply with rules promulgated by the secretary of state's office related to the program;
- (3) Participate in training and public awareness and education campaigns;
- (4) Enhance awareness of and encourage participation in the program; and
- (5) Share with the secretary of state best practices that are effective in combatting human trafficking.
- (d) The secretary of state shall work collaboratively with other state agencies and advisory councils to promote the program.
§ 38-1-802. Rules. - The secretary of state may promulgate rules as necessary to implement this part. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Part 9 Sexual Assault Response Team Act § 38-1-902. Part definitions. - As used in this part:
- (1) “Adult” means a person who is eighteen (18) years of age or older or otherwise emancipated;
- (2) “Sexual assault” means a criminal offense under title 39, chapter 13, part 5, involving unlawful sexual penetration or unwanted sexual contact;
- (3) “Sexual assault response team (SART)” means a multidisciplinary team convened to strengthen and improve the collaborative response and enhance the community response, safety, and judicial outcome for the sexual assault survivor;
- (4) “Sexual contact” means the same as defined in § 39-13-501; and
- (5) “Sexual penetration” means the same as defined in § 39-13-501.
§ 38-1-903. SART team meetings — Members — Confidential meetings. - (a) By January 1, 2024, each local law enforcement agency must begin collaboration between existing law enforcement agency resources and available community resources as an adult sexual assault response team (SART), which will assist in identifying gaps in service and improving response systems for sexual assault involving adult victims that occur within the agency's jurisdiction. A team may meet, in person or by telephone or virtual means, periodically as needed.
- (b) A team may include members who respond to and work with victims and have expertise in a variety of disciplines relevant to sexual assault response. A SART may include, but is not limited to:
- (1) Victim advocates;
- (2) Law enforcement;
- (3) Criminal prosecutors;
- (4) Healthcare services providers; and
- (5) Mental health services providers.
- (c)
- (1) Except by court order or as provided in subdivision (c)(2), communications occurring at a SART meeting are confidential and not subject to title 10, chapter 7.
- (2) This subsection (c) does not prevent the district attorney general and counsel for a defendant from providing to each other in a pending criminal case, where the constitutional rights of the defendant require it, information which otherwise would be held confidential under this subsection (c).
Chapter 2 Self Defense § 38-2-101. Lawful resistance — By whom made. - Lawful resistance to the commission of a public offense may be made by the party about to be injured, or by others.
History (4)
- Code 1858, § 4928
- Shan., § 6889
- Code 1932, § 11413
- T.C.A. (orig. ed.), § 38-101.
§ 38-2-102. Resistance by party about to be injured. - Resistance sufficient to prevent the offense may be made by the party about to be injured to prevent an:
- (1) Offense against the party's person; or
- (2) Illegal attempt by force to take or injure property in the party's lawful possession.
History (4)
- Code 1858, § 4929
- Shan., § 6890
- Code 1932, § 11414
- T.C.A. (orig. ed.), § 38-102.
§ 38-2-103. Resistance by others. - Any other person, in aid or defense of the person about to be injured, may make resistance sufficient to prevent the offense.
History (4)
- Code 1858, § 4930
- Shan., § 6891
- Code 1932, § 11415
- T.C.A. (orig. ed.), § 38-103.
Chapter 3 Public Officers Preventing Commission of Offenses § 38-3-101. Methods of preventing offenses. - Public offenses may be prevented by the intervention of the officers of justice by:
- (1) Requiring security to keep the peace; and
- (2) Suppressing riots, unlawful assemblies and breaches of the peace.
History (4)
- Code 1858, § 4931
- Shan., § 6892
- Code 1932, § 11416
- T.C.A. (orig. ed.), § 38-201.
§ 38-3-102. Duties of sheriff. - (a) The sheriff is the principal conservator of the peace in the sheriff's county. It is the sheriff's duty to suppress all affrays, riots, routs, unlawful assemblies, insurrections, or other breaches of the peace, to do which the sheriff may summon to such sheriff's aid as many of the inhabitants of the county as such sheriff thinks proper.
- (b) It shall be the duty of the sheriffs, in their respective counties, by themselves or deputies, to patrol the roads of the county, to ferret out crimes, to secure evidence of crimes, and to apprehend and arrest criminals.
History (5)
- Code 1858, § 4933
- Shan., § 6894
- Code 1932, § 11418
- T.C.A. (orig. ed.), § 38-202
- Acts 2005, ch. 142, § 2.
§ 38-3-103. Other conservators of the peace. - The judicial and ministerial officers of justice in the state, and the mayor, aldermen, marshals and police of cities and towns, and the director, commissioner, or similar head of any metropolitan or municipal police department, whether elected or appointed, are also conservators of the peace, and are required to aid in the prevention and suppression of public offenses, and for this purpose may act with all the power of the sheriff.
History (5)
- Code 1858, § 4934
- Shan., § 6895
- Code 1932, § 11419
- Acts 1968, ch. 434, § 1
- T.C.A. (orig. ed.), § 38-203.
§ 38-3-104. Officers may command aid. - All officers authorized to execute judicial process, who find, or have reason to apprehend, that resistance will be made to the execution of judicial process, may command the aid of the inhabitants as prescribed in § 38-3-102 for suppressing riots.
History (3)
- Code 1858, § 4935
- Shan., § 6896
- Code 1932, § 11420.
§ 38-3-105. Acts by persons aiding officers. - Whenever the officers of justice are authorized to act in the prevention of public offenses, other persons who, by command of the officers of justice, act in aid of the officers of justice, are justified in so doing.
History (4)
- Code 1858, § 4932
- Shan., § 6893
- Code 1932, § 11417
- T.C.A. (orig. ed.), § 38-205.
§ 38-3-106. Refusal to obey command to aid officers. - Any person commanded to aid, under this chapter, any magistrate or officer, who without good cause refuses or neglects to obey such command, commits a Class C misdemeanor.
History (5)
- Code 1858, § 4937
- Shan., § 6898
- Code 1932, § 11422
- T.C.A. (orig. ed.), § 38-206
- Acts 1989, ch. 591, § 113.
§ 38-3-107. Neglect of duty by officer. - Any magistrate or officer, having notice of any unlawful act provided against in this chapter, who neglects or refuses to do the magistrate's or officer's duty in the prevention of the public offense commits a Class C misdemeanor.
History (5)
- Code 1858, § 4938
- Shan., § 6899
- Code 1932, § 11423
- T.C.A. (orig. ed.), § 38-207
- Acts 1989, ch. 591, § 113.
§ 38-3-108. Duty to arrest. - It is the duty of all peace officers who know, or have reason to suspect, any person of being armed with the intention of committing a riot or affray, or of assaulting, wounding, or killing another person, or of otherwise breaking the peace, to arrest such person immediately, and take such person before the court of general sessions.
History (5)
- Code 1858, § 4939 (deriv. Acts 1825, ch. 19, § 1)
- Shan., § 6900
- Code 1932, § 11424
- impl. am. Acts 1979, ch. 68, § 3
- T.C.A. (orig. ed.), § 38-208.
§ 38-3-109. Bond to keep the peace. - A person arrested pursuant to § 38-3-108 shall be required to give bond in not less than two hundred fifty dollars ($250), nor more than two thousand dollars ($2,000), with good security, to keep the peace; and, on failing or refusing so to give the required bail, the person shall be committed to jail until bail is given, or the person is otherwise discharged according to law.
History (4)
- Code 1858, § 4940 (deriv. Acts 1825, ch. 19, §§ 1, 5)
- Shan., § 6901
- Code 1932, § 11425
- T.C.A. (orig. ed.), § 38-209.
§ 38-3-110. Form of bond — Scire facias upon forfeiture. - The bonds required to be given by § 38-3-109 shall be made payable to the state, filed in the office of the circuit or criminal court clerk, and, upon forfeiture, the district attorney general shall cause scire facias to issue on the forfeiture, and the amount collected by the sheriff shall be paid to the county trustee for county purposes.
History (4)
- Code 1858, § 4942 (deriv. Acts 1825, ch. 19, § 3)
- Shan., § 6903
- Code 1932, § 11427
- T.C.A. (orig. ed.), § 38-210.
§ 38-3-112. Power of governor to order posse or military force from other county. - If it appears to the governor that the power of any county is not sufficient to enable the sheriff to execute process delivered to that sheriff, the governor may, on the application of the sheriff, order a posse or military force as is necessary from any other county or counties.
History (4)
- Code 1858, § 4936
- Shan., § 6897
- Code 1932, § 11421
- T.C.A. (orig. ed.), § 38-212.
§ 38-3-113. Federal officer making arrest for nonfederal offenses — POST-certified law enforcement officer making arrest outside of officer's jurisdiction. - (a) A sworn federal law enforcement officer, who in official capacity is authorized by law to make arrests, shall, when making an arrest in this state for a nonfederal offense, have the same legal status and immunity from suit as a state or local law enforcement officer if the arrest is made under the following circumstances:
- (1) The officer reasonably believes that the person arrested has committed a felony in the officer's presence or is committing a felony in the officer's presence;
- (2) The officer reasonably believes the person arrested has committed a misdemeanor that amounts to a breach of the peace in the officer's presence or is committing such a misdemeanor in the officer's presence; or
- (3) The officer is rendering assistance to a law enforcement officer of this state in an emergency or at the request of the officer.
- (b) A POST-certified law enforcement officer in this state who is employed full-time by a county, municipality, or metropolitan form of government and authorized to make arrests shall, when making an arrest in this state for a crime that was committed outside of the law enforcement officer's jurisdiction, have the same legal status and immunity from suit as a state or local law enforcement officer making an arrest within the state or local law enforcement officer's jurisdiction if the arrest is made under the following circumstances:
- (1) The officer reasonably believes that the person arrested has committed a felony in the officer's presence or is committing a felony in the officer's presence;
- (2) The officer reasonably believes the person arrested has committed a misdemeanor that amounts to a breach of the peace in the officer's presence or is committing a misdemeanor that amounts to a breach of the peace in the officer's presence; or
- (3) The officer is rendering assistance to a law enforcement officer of this state in an emergency or at the request of the officer.
History (2)
- Acts 1989, ch. 135, § 1
- 2021, ch. 336, § 1.
§ 38-3-114. Acting as peace officers for the office of homeland security. - (a) The office of homeland security may apply to the commissioner of safety, to commission such number of its officers who directly support state, federal, and local law enforcement activities involved in countering or responding to acts of terrorism, as the office shall designate, to act as peace officers for the office of homeland security.
- (b) The commissioner, upon such application, may appoint such person as the office of homeland security designates, or as many people as the governor deems proper to be such peace officers, and shall give commissions to those appointed.
- (c) Each such officer, throughout every county in the state, shall have and exercise, for the sole purpose of carrying out the scope of assigned duties as specified or limited within the exclusive judgment of the office of homeland security, all the powers of a peace officer, including the power to make arrests for public offenses anywhere in the state. Further, such officers may serve process in criminal and penal prosecutions for such offenses, and shall have authority to carry weapons for the reasonable purposes of their offices and while in the performance of their assigned duties.
- (d) The keepers of jails in any county or municipality where a violation occurs, for which any such arrest is made by an officer of the homeland security office, shall receive all persons arrested by such officers to be dealt with according to law, and persons so arrested shall be received by keepers of jails on the same basis and shall have the same status as prisoners arrested by any other law enforcement officer.
- (e) Every officer so appointed shall, when on duty, have in the officer's possession a badge and identification card identifying the officer as an officer of the office of homeland security, and the officer shall exhibit the badge and identification card on demand and before making an arrest within a reasonable time.
- (f) When the office of homeland security no longer requires the services of the peace officer so appointed, it shall file a notice to that effect with the commissioner's office. Thereupon, the powers of such peace officer shall cease and terminate.
- (g) Homeland security officers appointed under this section must complete appropriate initial training and recurrent law enforcement training substantially equivalent to the requirements of the Tennessee peace officers standards and training commission.
§ 38-3-115. No public funds, personnel or property of state to be allocated to enforce federal or international laws governing firearms where it would violate state laws — Violation. - (a)
- (1) On or after July 1, 2021, public funds of this state, or any political subdivision of this state, shall not be allocated to the implementation, regulation, or enforcement of any federal law, executive order, rule, or regulation regulating the ownership, use, sale, or possession of firearms, ammunition, or firearm accessories, if the expenditure of public funds would result in the violation of another Tennessee statute, Tennessee common law, or the Constitution of Tennessee.
- (2) On or after July 1, 2021, personnel or property of this state, or any political subdivision of this state, shall not be allocated to the implementation, regulation, or enforcement of any federal law, executive order, rule, or regulation regulating the ownership, use, sale, or possession of firearms, ammunition, or firearm accessories, if the expenditure of public funds would result in the violation of another Tennessee statute, Tennessee common law, or the Constitution of Tennessee.
- (b)
- (1) On or after July 1, 2021, personnel or property of this state, or any political subdivision of this state, shall not be allocated to the implementation, regulation, or enforcement of any international law or treaty regulating the ownership, use, sale, or possession of firearms, ammunition, or firearm accessories, if the expenditure of public funds would result in the violation of another Tennessee statute, Tennessee common law, or the Constitution of Tennessee.
- (2) On or after July 1, 2021, public funds of this state, or any political subdivision of this state, shall not be allocated to the implementation, regulation, or enforcement of any international law or treaty regulating the ownership, use, sale, or possession of firearms, ammunition, or firearm accessories, if the expenditure of public funds would result in the violation of another Tennessee statute, Tennessee common law, or the Constitution of Tennessee.
- (c) For purposes of this section, “firearm” has the same meaning as defined in § 39-11-106.
- (d) A violation of this section by a state or local government entity may be reviewed by the office of the attorney general and reporter and the general assembly and may result in the entity's loss of funding from the state for the fiscal year following the violation.
- (e) An official who violates this section is subject to ouster under title 8, chapter 47, if applicable.
History (4)
- Acts 2015, ch. 380, § 1
- 2016, ch. 864, § 1
- 2021, ch. 444, §§ 2, 3
- 2021, ch. 553, § 3.
§ 38-3-116. Inquiry regarding arrested person's children and whether they will be left unattended by arrest — Policies and procedures for conducting welfare checks — Liability. - (a) Each law enforcement agency shall ensure that, whenever a person is arrested and taken into custody by an officer of the agency, the person is asked whether that person is the parent or legal custodian of any children that will be left unattended by the person's arrest. From this information, the officer shall determine whether the child or children will be endangered by the parent or legal custodian's absence following an arrest.
- (b) Each law enforcement agency shall develop policies and procedures for conducting welfare checks on any child identified under subsection (a) as endangered. A welfare check may be performed by the arresting agency or another agency responsible for ensuring the safety and welfare of children.
- (c) In the event the arrested person fails to inform the arresting law enforcement agency of any endangered children described in subsection (a), no arresting law enforcement agency, nor its personnel, shall be liable.
§ 38-3-117. Interaction of law enforcement officer with person who exhibits characteristics of acquired brain injury, intellectual disability, or developmental disability. - (a) Any law enforcement officer who interacts with a person who is a victim, witness, or suspect, or is otherwise stopped by a law enforcement officer in relation to an offense or violation, and who exhibits characteristics of an acquired brain injury, an intellectual disability, or a developmental disability shall make a good faith effort to immediately contact the parent or guardian of a minor, or a person's conservator regarding the interaction.
- (b)
- (1) A law enforcement officer shall, upon the request of a person diagnosed with an acquired brain injury, an intellectual disability, or a developmental disability or the parent or guardian of a minor, or the person's conservator, make a good faith effort to ensure that a psychiatrist, psychologist, mental health counselor, special education instructor, clinical social worker, or related professional is present at all interviews with the person. The professional must have experience treating, teaching, or assisting patients or clients who have been diagnosed with an acquired brain injury, an intellectual disability, or a developmental disability or must be certified in special education with a concentration focused on persons with an acquired brain injury, an intellectual disability, or a developmental disability.
- (2) If the person who has an acquired brain injury, an intellectual disability, or a developmental disability, or if the parent or guardian of a minor or the person's conservator, requests the presence of a professional at an interview, except for expenses related to accommodations mandated by state or federal disability law, the person shall initially be responsible for any costs or fees charged by the professional related thereto. If the person is a victim or witness, the defendant shall reimburse the victim or witness for all expenses related to the attendance of the professional at the interview, in addition to other restitution or penalties provided by law, upon conviction related to the offense involving the victim or witness.
- (3) Failure to have a professional present at the time of the interview is not a basis for suppression of the statement or the contents of the interview or for a cause of action against the law enforcement officer or agency.
- (4) This subsection (b) applies to a person who is the victim, a suspect, or a defendant formally accused of a crime.
- (c) Each law enforcement agency shall ensure that appropriate policies are developed that implement this section and that training is provided to law enforcement officers based on such policies.
- (d) For purposes of this section:
- (1) “Acquired brain injury” means an alteration in brain function or other evidence of brain pathology; and
- (2) “Developmental disability” and “intellectual disability” have the same meanings as defined in § 33-1-101.
§ 38-3-118. Policies and guidelines regarding use of marked law enforcement vehicles by off-duty law enforcement officers for travel to and from vulnerable locations. - (a) Except as provided in subsection (b), a chief law enforcement officer of a state or local law enforcement agency may develop and implement policies and guidelines regarding the use of marked law enforcement vehicles by off-duty law enforcement officers for travel to and from vulnerable locations in order to project an enhanced security presence while at such locations.
- (b) A chief law enforcement officer shall not develop or implement policies or guidelines in accordance with subsection (a) without the express approval of:
- (1) With respect to a local law enforcement agency, the executive head or legislative body of the local government, as applicable, vested with the authority to direct such chief law enforcement officer; and
- (2) With respect to a state law enforcement agency, the executive head of the state department or agency within which the state law enforcement agency is created.
- (c) For purposes of this section, “vulnerable locations” includes places of worship, schools, and parks.
§ 38-3-119. Unenforceability of law, treaty, executive order, rule, or regulation of U.S. government found to violate Article I, § 26 of Tennessee Constitution or Second Amendment. - Pursuant to the sovereign authority of this state, a law, treaty, executive order, rule, or regulation of the United States government that has been found by the supreme court of the United States or the Tennessee supreme court to violate Article I, § 26 of the Constitution of Tennessee or the Second Amendment to the United States Constitution is null, void, and unenforceable in this state.
§ 38-3-120. Peace officers for Tennessee valley authority. - (a) The Tennessee valley authority (TVA) may apply to the commissioner of safety for the appointment and commissioning of such number of its agents, servants, or employees as TVA shall designate to act as peace officers, as provided in this section. The commissioner, upon the application, shall appoint persons as TVA designates to be peace officers, and shall give commissions to those appointed. Any agent, servant, or employee of TVA so designated shall be eligible for the appointment and commission.
- (b) Before entering into the performance of duties, every officer appointed pursuant to subsection (a) shall take and subscribe an oath of office and enter into a surety bond in the sum of fifty thousand dollars ($50,000), payable to the state of Tennessee, conditioned upon the faithful performance of all duties as officer. The oath of office and bond, with a copy of the commission, shall be filed with the secretary of state. In lieu of individual bonds, a duly executed blanket bond covering all TVA peace officers appointed and commissioned pursuant to this section, as principals, with TVA as surety, in the amount of fifty thousand dollars ($50,000) for each officer and conditioned upon the faithful performance of the officers' duties, may be filed by TVA with the secretary of state, in which event individual bonds shall not be required.
- (c) Each officer, throughout every county in the state in which TVA does business, operates, or owns or controls property, including leaseholds and rights-of-way, shall have and exercise, for the sole purpose of carrying out the scope of assigned duties as specified or limited within the exclusive judgment of TVA board of directors, all of the powers of a peace officer, including the power to make arrests for public offenses committed against TVA officials or employees or committed upon, about, or against TVA property or on public roads or rights-of-way passing through or over such property, and, while in pursuit of a person fleeing after committing such an offense, may pursue the person and make arrest anywhere in the state. Further, the officers may provide security at TVA's nuclear facilities, may serve process in criminal and penal prosecutions for such offenses, and shall have authority to carry weapons for the reasonable purposes of the officers' offices and while in the performance of the officers' assigned duties. Notwithstanding any other provision of law, the authorities, responsibilities and liabilities of the officers shall be limited as provided for under this section.
- (d) The keepers of jails in any county or municipality in which the violation occurs for which any such arrest is made by a TVA peace officer shall receive all persons arrested by such officers to be dealt with according to law, and persons so arrested shall be received by keepers of jails on the same basis and shall have the same status as prisoners arrested by any other law enforcement officer.
- (e) Every officer appointed pursuant to subsection (a) shall, when on duty, have in possession a badge or identification card identifying the officer as a TVA peace officer, and the officer shall exhibit the badge or identification card on demand and before making an arrest.
- (f) All compensation of TVA peace officers appointed and commissioned pursuant to subsection (a) shall be fixed and paid exclusively by TVA.
- (g) When TVA no longer requires the services of a person appointed and commissioned as a TVA peace officer pursuant to this section, TVA shall file a notice to that effect with the commissioner of safety. Thereupon, the powers of the officer shall cease and terminate.
- (h) Notwithstanding any law to the contrary, no cause of action arising out of any act or omission by a TVA peace officer commissioned under this section shall be brought against the state, or any agency, official or employee of the state.
- (i)
- (1) Subsections (a)-(h) shall apply to the owner of a category I nuclear facility and the owner of a category I nuclear facility shall have the same rights, authority and limitations as TVA possesses with regard to the appointment of peace officers pursuant to this section.
- (2) Each peace officer appointed or designated by the owner of a category I nuclear facility shall possess all of the powers, in any county where the facility is located, of a peace officer, including the power to make arrests for public offenses committed against employees or agents or against the property of the category I nuclear facility and, while in pursuit of a person fleeing after committing such an offense, may pursue the person and make arrests anywhere in the state. Additionally, the officers shall possess authority to investigate anywhere in the state any such offense and shall possess authority to carry weapons for the reasonable purposes of the officers' offices and while in the performance of their assigned duties. Notwithstanding any law to the contrary, the authorities, responsibilities and liabilities of the officers shall be limited as provided for under this section.
- (3) Each peace officer appointed or designated by the owner of a category I nuclear facility is authorized to use deadly force under conditions of necessity, when all lesser means have failed or cannot reasonably be employed and when one (1) or more of the following circumstances exist:
- (A) Deadly force appears reasonably necessary to protect the peace officer, who reasonably believes the peace officer is in imminent danger of death or serious bodily injury;
- (B) Deadly force appears reasonably necessary to prevent the imminent infliction or threatened infliction of death or serious bodily harm or the sabotage of an occupied facility by explosives;
- (C) Deadly force appears reasonably necessary to prevent the theft, sabotage, or unauthorized control of a nuclear weapon or nuclear explosive device or special nuclear material from a category I nuclear facility; or
- (D) Deadly force reasonably appears to be necessary to apprehend or prevent the escape of a person reasonably believed to:
- (i) Have committed an offense of the nature specified in subdivision (i)(3)(A), (B) or (C); or
- (ii) Be escaping by use of a weapon or explosive or who otherwise poses an imminent danger of death or serious bodily harm to peace officers or others unless apprehended without delay.
- (4) As used in this section, unless the context otherwise requires, “category I nuclear facility” means a facility that possesses a formula quantity of strategic special nuclear material, as defined and licensed by the United States nuclear regulatory commission, and that must comply with the requirements of 10 CFR part 73.
- (j) Subsections (a)-(h) shall apply to air carriers holding an air carrier certificate issued under 14 CFR part 119 and operating under 14 CFR part 121, or to the corporate parent of such entities, either of which shall have the same rights, authority and limitations as TVA possesses with regard to the appointment of peace officers, known under this section as transportation security officers. The following shall apply to transportation security officers:
- (1) The air carrier or the parent of the entity employing and designating transportation security officers shall own or lease property, and employ persons within the state of Tennessee;
- (2) Only personnel of the air carrier, or its parent, who are designated as transportation security officers by such air carrier shall receive appointments;
- (3) Each transportation security officer appointed or designated by air carriers holding an air carrier certificate under 14 CFR part 119 and operating under 14 CFR part 121, or the corporate parent of such entities, shall possess all of the powers of a peace officer described in this section, including the power to make arrests for public offenses committed against employees or agents or against the property of the air carrier or its corporate parent and, while in pursuit of a person fleeing after committing such an offense, may pursue the person and make arrests. Additionally, the officers shall possess authority to carry weapons for the reasonable purposes of the officers' offices and while in the performance of the officers' assigned duties. Notwithstanding any law to the contrary, the authorities, responsibilities and liabilities of the officers shall be limited as provided for under this section;
- (4) The air carrier, or its parent, and any personnel employed by the carrier shall comply with all requirements of federal law pertaining to security operations associated with air carriers;
- (5) Transportation security officers appointed under this section must complete appropriate initial and recurrent law enforcement training substantially equivalent to the requirements of the Tennessee peace officer standards and training commission;
- (6) Any air carrier qualifying under the provisions of this subsection (j) shall, at the time of the first appointment of transportation security officers, notify the proprietors of the airports served by the air carrier of the appointment of the officers, and the air carrier shall comply with the security plans of each airport with respect to the carrying of arms by the officers; and
- (7) This subsection (j) shall not require an air carrier to designate any transportation security officers or otherwise staff law enforcement positions.
History (4)
- Acts 1989, ch. 76, §§ 1-9
- 2001, ch. 25, § 1
- 2002, ch. 849, § 10
- 2007, ch. 14, § 1.
§ 38-3-121. Use of choke holds. - A law enforcement officer shall not use a choke hold, as defined in § 38-8-101, with or without the use of a police baton, on any person unless the officer reasonably believes that deadly force is authorized pursuant to § 39-11-620.
History (2)
- Acts 1994, ch. 893, § 2
- 2021, ch. 489, § 1.
§ 38-3-122. Fingerprinting of arrestees pursuant to incarceration or bond. - (a)
- (1) It is the duty of every booking agency to take, or cause to be taken, a full set of fingerprints of each person arrested, whether by warrant or capias, for an offense that results in the person's incarceration in a jail facility or the person's posting of a bond to avoid incarceration; provided, that fingerprints are not required to be taken of an individual who is repeatedly arrested and incarcerated for a violation of § 39-17-310, the offense of public intoxication; provided, further, that the booking or arresting officer has verified that the individual's fingerprints are on file from a previous arrest; and provided, further, that fingerprints are not required to be taken of individuals whose fingerprints have previously been stored in the electronic fingerprint imaging files of the law enforcement agency booking the individual, if the arresting or booking officer has verified that the individual's fingerprints are on file through the use of a single digit imaging reader. If the fingerprints are maintained manually, the booking agency shall send a full set of properly completed fingerprints to the Tennessee bureau of investigation. If fingerprints are transmitted to the Tennessee bureau of investigation electronically, the booking agency shall maintain with the arrest report one (1) hard copy of the fingerprints along with an acknowledgement from the Tennessee bureau of investigation that a copy of the fingerprints has been received and accepted. Upon receipt of the fingerprints, the Tennessee bureau of investigation shall retain the fingerprints as provided in § 38-6-103, and shall send a set of the fingerprints to the federal bureau of investigation.
- (2) Regardless of whether fingerprints are found to be on file in a law enforcement agency, nothing in subdivision (a)(1) shall be construed as relieving the booking officer from:
- (A) Reproducing a copy of the fingerprints that are on file;
- (B) Updating the arrest data; and
- (C) Then forwarding a full set of fingerprints to the Tennessee bureau of investigation in compliance with this section.
- (b) A person who is issued a citation pursuant to § 40-7-118 or § 40-7-120 shall not, for purposes of this section, be considered to have been arrested and the agency issuing the citation shall not be required to take the fingerprints of such person.
- (c) The expense incurred by the Tennessee bureau of investigation by the provisions of §§ 8-4-115, 8-8-201(35), this section and § 38-8-111(g) requiring law enforcement officials to take the fingerprints of each person arrested and send them to the bureau shall be funded by either an appropriation in the general appropriations act or by a fifteen dollar ($15.00) increase in the amount of each handgun carry permit application fee; provided, that if there is such an appropriation in the general appropriations act, then the handgun carry permit application fee shall not be increased. Any funds derived from the fifteen dollar ($15.00) increase in the amount of each handgun carry permit application fee shall not revert to the general fund on June 30 of any year but shall remain available for expenditure for its intended purpose as stated within this section.
History (5)
- Acts 1997, ch. 502, §§ 3, 5
- 1998, ch. 994, §§ 6, 8
- 1999, ch. 338, § 1
- 2000, ch. 711, § 1
- 2008, ch. 701, §§ 7, 8.
§ 38-3-123. Prohibition against requiring victims of sexual offenses to submit to polygraph. - (a) No law enforcement officer shall require any victim of a sexual offense, as defined in § 40-39-202, or violent sexual offense, as defined in § 40-39-202, to submit to a polygraph examination or any other test designed to detect deception or verify the truth of statements through instrumentation or by means of a mechanical device, as a condition of the officer proceeding with the investigation of the offense.
- (b) A violation of this section shall subject the officer to appropriate departmental disciplinary action.
Chapter 5 Inquests § 38-5-101. Affidavit required to hold inquest. - No inquest shall be held by the coroner or any court of general sessions over the dead body of any person until an affidavit, in writing, is made and signed by two (2) or more reliable persons, averring the death of the person and that there is good reason to believe that the person died by unlawful violence at the hands of some other person; and without the affidavit, in writing, the coroner or court shall have no jurisdiction to hold an inquest over the dead body of any person, and all proceedings without the affidavit shall be utterly void and useless. Unless this section is literally, rigidly, and strictly complied with, and the affidavit filed with the papers, the coroner or court shall receive no fees or compensation for holding the inquest.
History (5)
- Acts 1895, ch. 31, § 1
- Shan., § 7274
- Code 1932, § 11876
- impl. am. Acts 1979, ch. 68, § 3
- T.C.A. (orig. ed.), § 38-401.
§ 38-5-102. False affidavit — Perjury. - Any person who falsely, willfully, and corruptly swears out an affidavit as provided for in § 38-5-101 shall be deemed guilty of perjury, and punished as provided for by law for the offense, and in addition to the penalty provided by law for perjury, shall be taxed with all the costs incidental to the inquisition, based upon the false and corrupt affidavit.
History (4)
- Acts 1895, ch. 31, § 2
- Shan., § 7275
- Code 1932, § 11877
- T.C.A. (orig. ed.), § 38-402.
§ 38-5-103. Courts of general sessions may hold inquests as coroners. - Courts of general sessions shall have the same power, when called on, to hold juries of inquest over the bodies of deceased persons, as coroners, and have the same fees as are allowed coroners for the same services.
History (5)
- Acts 1859-1860, ch. 112, § 1
- Shan., § 7277
- Code 1932, § 11878
- impl. am. Acts 1979, ch. 68, § 3
- T.C.A. (orig. ed.), § 38-403.
§ 38-5-104. Jury. - The jury of inquest shall consist of seven (7) jurors who shall be summoned by the coroner and be sworn by such coroner to inquire who the person was, and when, where and by what means that person died, and to render a true verdict on the death, according to the evidence offered the jurors or arising from inspection of the body.
History (5)
- Code 1858, § 5300
- Shan., § 7278
- Code 1932, § 11879
- mod. C. Supp. 1950, § 11879
- T.C.A. (orig. ed.), § 38-404.
§ 38-5-105. Subpoenas for witnesses. - The coroner may issue subpoenas for witnesses, returnable immediately, or at the time and place as the coroner may appoint, and may enforce witnesses' attendance and punish for contempt and other causes, in like manner as a court of general sessions in a state case.
History (5)
- Code 1858, § 5301
- Shan., § 7279
- Code 1932, § 11880
- impl. am. Acts 1979, ch. 68, § 3
- T.C.A. (orig. ed.), § 38-405.
§ 38-5-106. Who shall be summoned as witnesses. - The coroner shall summon and examine as a witness every person who, in the coroner's opinion, or that of any of the coroner's jury, has any knowledge of the facts.
History (4)
- Code 1858, § 5302
- Shan., § 7280
- Code 1932, § 11881
- T.C.A. (orig. ed.), § 38-406.
§ 38-5-107. Surgeon or physician as witness. - The coroner may also summon as a witness a surgeon or physician, when requested so to do by the district attorney general, to make examination of the body, including the performing of an autopsy, and give a professional opinion as to the cause of death, whose fee shall not exceed twenty-five dollars ($25.00), and the fee shall be allowed in the bill of costs.
History (6)
- Code 1858, § 5303 (deriv. Acts 1849-1850, ch. 75, § 2)
- Shan., § 7281
- Code 1932, § 11882
- Acts 1943, ch. 26, § 1
- C. Supp. 1950, § 11882
- T.C.A. (orig. ed.), § 38-407.
§ 38-5-108. Employment of chemist. - The coroner may also, whenever deemed necessary, employ a competent chemist to examine for poison, and make an analysis of suspected substances, whose fee, not exceeding twenty dollars ($20.00), shall be allowed in the bill of costs.
History (4)
- Code 1858, § 5304 (deriv. Acts 1849-1850, ch. 75, § 4)
- Shan., § 7282
- Code 1932, § 11883
- T.C.A. (orig. ed.), § 38-408.
§ 38-5-109. Allowances to physicians and chemists limited. - No allowance shall be made under § 38-5-107 or § 38-5-108, except to persons actually summoned by the coroner for the express purpose, and duly reported by the coroner to the court.
History (4)
- Code 1858, § 5305 (deriv. Acts 1849-1850, ch. 75, § 3)
- Shan., § 7283
- Code 1932, § 11884
- T.C.A. (orig. ed.), § 38-409.
§ 38-5-110. Service of process. - The summons for the jurors and the subpoenas for witnesses may be served by the sheriff, or any constable of the county, or by the coroner personally.
History (4)
- Code 1858, § 5306
- Shan., § 7284
- Code 1932, § 11885
- T.C.A. (orig. ed.), § 38-410.
§ 38-5-111. Verdict of jury. - The jury, after inspecting the body, hearing the testimony, and making all needful inquiries, shall render a verdict by an inquisition in writing, signed by the jury, setting forth as near as may be, who the person was, when, where, and by what means the person died, and whether by the act of another, and what other person, and whether by unlawful means.
History (4)
- Code 1858, § 5307
- Shan., § 7285
- Code 1932, § 11886
- T.C.A. (orig. ed.), § 38-411.
§ 38-5-112. Form of inquisition. - The inquisition shall be as follows:
- State of Tennessee,
- County.
- An inquisition held at , in the county and state aforementioned, on the day of , 20, before , coroner of such county, upon the body of (or a person unknown), there lying dead, by the jurors whose names are hereto subscribed, who upon their oaths do say: (here state, when, how, by what person, means, weapon, or accident the person died, and whether feloniously, as near as may be according to the requirements of § 38-5-111).
- In testimony whereof, the jurors have hereunto set their hands the day and date above.
History (4)
- Code 1858, § 5308
- Shan., § 7286
- Code 1932, § 11887
- T.C.A. (orig. ed.), § 38-412.
§ 38-5-113. Return of inquisition. - The coroner shall immediately return the inquisition to the criminal court of the coroner's county, if any, and, if not, to the circuit court of the county, together with a list of the witnesses who testified to material facts.
History (4)
- Code 1858, § 5309
- Shan., § 7287
- Code 1932, § 11888
- T.C.A. (orig. ed.), § 38-413.
§ 38-5-114. Witnesses may be bound over. - The coroner shall also require all material witnesses to enter into an undertaking to appear at such court, if in session, or at the next succeeding term, and may require security for such undertaking, and, for this purpose, the coroner is vested with all the powers of a court of general sessions in state cases.
History (5)
- Code 1858, § 5310
- Shan., § 7288
- Code 1932, § 11889
- impl. am. Acts 1979, ch. 68, § 3
- T.C.A. (orig. ed.), § 38-414.
§ 38-5-115. Arrest of person if present. - If the jury finds that the deceased died by the act of another by unlawful means, the coroner may arrest the person implicated, if present, and may make out a warrant requiring an officer, or other person authorized by the officer, to take such person before a magistrate, or may commit the person until the person can be carried before a magistrate.
History (4)
- Code 1858, § 5311
- Shan., § 7289
- Code 1932, § 11890
- T.C.A. (orig. ed.), § 38-415.
§ 38-5-116. Warrant for arrest if person not present. - If the person charged is not present, the coroner may issue a warrant to the sheriff, or any other lawful officer, requiring the officer to arrest such person and take the person before a magistrate.
History (4)
- Code 1858, § 5312
- Shan., § 7290
- Code 1932, § 11891
- T.C.A. (orig. ed.), § 38-416.
§ 38-5-117. Effect of coroner's warrant. - The warrant of a coroner in the cases covered by this chapter shall be of equal authority with that of a court of general sessions, and, when the person charged is brought before the court, the person shall be dealt with as a person held under complaint in the usual form.
History (5)
- Code 1858, § 5313
- Shan., § 7291
- Code 1932, § 11892
- impl. am. Acts 1979, ch. 68, § 3
- T.C.A. (orig. ed.), § 38-417.
§ 38-5-118. Disposition of body of decedent. - After the inquisition, the coroner or medical investigator may deliver the body of the deceased to the deceased's relatives, if there are any; but if not, the coroner or the medical investigator shall cause the deceased to be decently buried or cremated in accordance with § 68-4-113, and the expense to be paid from the property found with the body, or, if there is none, from the county treasury, by certifying an account of the expenses to the county mayor, who shall allow and pay the expenses, if deemed reasonable, as other claims on the county.
History (6)
- Code 1858, § 5314
- Shan., § 7292
- Code 1932, § 11893
- impl. am. Acts 1978, ch. 934, §§ 16, 36
- T.C.A. (orig. ed.), § 38-418, Acts 2003, ch. 90, § 2
- 2013, ch. 287, § 5.
§ 38-5-119. Disposition of effects found on body. - The coroner shall, within forty (40) days after an inquest on a dead body, deliver to the county trustee any money or other property found on the body, unless used for burial, or claimed in the meantime by the legal representatives of the deceased. If the coroner fails so to do, the trustee may, by motion before any tribunal having cognizance of the amount, upon ten (10) days' notice to the coroner, recover from the coroner and the coroner's official sureties the amount or value of the money or property, with interest, and twelve and one half percent (12.5%) damages.
History (4)
- Code 1858, § 5315
- Shan., § 7293
- Code 1932, § 11894
- T.C.A. (orig. ed.), § 38-419.
§ 38-5-120. Duty of county trustee as to effects found on body. - Upon receipt of the money by the trustee as provided in § 38-5-119, the trustee shall place it to the credit of the county. If it is other property, the trustee shall, within three (3) months, sell it at the courthouse of the county, at public auction, upon reasonable public notice, and shall, in like manner, place the proceeds to the credit of the county.
History (4)
- Code 1858, § 5316
- Shan., § 7294
- Code 1932, § 11895
- T.C.A. (orig. ed.), § 38-420.
§ 38-5-121. Delivery of property or payment of money to legal representatives of deceased. - If the property, before sale, or the money in the treasury, is demanded in six (6) years by the legal representatives of the deceased, the trustee shall deliver or pay it to them, after deducting the fees of the coroner, expenses of sale, and three percent (3%) commissions for the trustee, and the money may be paid to the representative at any time after the expiration of six (6) years, upon the order of the court of general sessions.
History (5)
- Code 1858, § 5317
- Shan., § 7295
- Code 1932, § 11896
- impl. am. Acts 1979, ch. 68, § 3
- T.C.A. (orig. ed.), § 38-421.
Chapter 6 Tennessee Bureau of Investigation Part 1 General Provisions § 38-6-101. Bureau created — Director — Divisions of bureau. - (a)
- (1) There is created the Tennessee bureau of investigation, which shall be a separate department of state government.
- (2) The bureau shall be divided into no less than three (3) divisions, the criminal investigation division, the forensic services division, and the narcotics investigation division. Additional divisions may be created by the director as necessary for proper functioning of the bureau. Criminal investigators for any division within the bureau shall have the powers described in § 38-6-102. The director shall have full control over all divisions.
- (3) The bureau shall be provided with suitable office space, supplies and equipment to perform the duties and functions assigned to it.
- (b)
- (1) A director shall be appointed to administer the department.
- (2) The director's compensation shall be fixed at an amount no less than that provided for the commissioner of safety.
- (3)
- (A) The director shall be a person of experience and ability in the detection of crime and shall be appointed to a fixed term of office by the governor from a list of three (3) nominees submitted to the governor by a nominating commission composed of:
- (i) Two (2) members to be nominated by the speaker of the senate and elected by resolution of the senate;
- (ii) Two (2) members to be nominated by the speaker of the house of representatives and elected by resolution of the house of representatives; and
- (iii) The executive director of the district attorneys general conference.
- (B) No person nominated by the speakers shall be a member of the general assembly, and no more than one (1) member nominated by each speaker and elected by each house shall be from the same political party. Members nominated by the speakers and elected by each house shall serve from the date of the member's election until January 1 of the year in which the term of the director expires. If no one (1) of the three (3) persons nominated by the commission is satisfactory to the governor, the governor may reject all three (3), and require the nominating commission to submit three (3) additional names from which to appoint. If none is satisfactory, the governor may require additional nominees, in groups of three (3), until the governor is able to make the appointment. In any case in which the governor rejects the nominees submitted by the commission, the commission shall resubmit a list of nominees within sixty (60) days of written notice by the governor of the rejection. Within thirty (30) days from the date the full membership of the commission is named initially, the commission shall meet, upon the call of the speaker of the senate, and elect a chair. Thereafter the commission shall meet at the call of the chair and shall, within sixty (60) days of the initial meeting, submit its initial list of nominees to the governor. In the case of a vacancy in the office of director arising during a term, the commission shall meet and submit a list of nominees within ninety (90) days of the date of the vacancy. In such a case, the appointment by the governor shall be for the unexpired portion of the director's term. With respect to the appointment of a director to a new term of office, the nominating commission shall be named no later than one hundred twenty (120) days before the expiration of the prior term. In such case the commission shall meet initially at the call of the speaker of the senate, elect a chair and shall then meet and make its submission of nominees no later than thirty (30) days prior to expiration of the term. The first term of office of the director shall begin on March 27, 1980, and shall extend through June 30, 1986. The next term shall begin on July 1, 1986, and it, and all successive terms shall be of six (6) full years. The nominating commission, as defined under this section, shall be subject to title 8, chapter 44.
- (4) The director shall be subject to removal from office under title 8, chapter 47, but in the case of suspension of the director under § 8-47-116, the office of director shall be filled pending final disposition of the removal proceeding by the official in charge of the criminal investigation division of the bureau.
- (5) The official in charge of the criminal investigation division of the bureau shall likewise serve as acting director of the bureau from the occurrence of any vacancy in the office of director until a director is appointed, as provided for in this chapter.
History (7)
- Acts 1951, ch. 173, § 1 (Williams, § 11465.10)
- Acts 1980, ch. 636, §§ 1, 13, 15
- impl. am. Acts 1982, ch. 733, § 4
- T.C.A. (orig. ed.), § 38-501
- Acts 1998, ch. 1069, § 1
- 2007, ch. 260, §§ 1-4
- 2023, ch. 88, § 2.
§ 38-6-102. Criminal investigation division — Criminal intelligence unit — Investigations into domestic terrorism — Emergency situation traffic stops. - (a) The criminal investigation division shall consist of not less than six (6) persons who shall be experienced in the detection of crime and in criminal work generally. The director, with the approval of the governor, however, may increase the number of persons employed in the criminal investigation division, to such number as may be found to be feasible and necessary. At least two (2) of the criminal investigators shall be normally detailed to service in each grand division of the state, but the director shall have power to detail any and all of the investigators to service in grand divisions in case of emergency. The director, upon the request of the district attorney general of any judicial district, may assign the criminal investigators to aid that district attorney general in the investigation of any crime committed in the district attorney general's judicial district, but only when the district attorney general requests such aid. When detailed by the director to aid the district attorney general, the criminal investigators shall have full power to issue subpoenas for witnesses, serve the subpoenas, administer oaths to witnesses as they may summon, to take written statements from them and, when so detailed, shall have the same powers with reference to the execution of criminal process, making arrests, and the like, as does the sheriff of the county in which the investigators are at work.
- (b)
- (1) Investigators of the bureau of investigation are authorized, without a request from the district attorney general, to make investigations in connection with any matters pertaining to:
- (A) Fugitives from justice;
- (B) Commission of any offense prohibited by title 39, chapter 16, part 4, or any other offense involving corruption of or misconduct by a public official;
- (C) Employees or prospective employees of the bureau or the department of safety;
- (D) Organized crime activities;
- (E) Fraudulent conduct involving social security administration Title II and Title XVI disability programs; provided, however, that the authority conferred upon the bureau by this subdivision (b)(1)(E) shall automatically terminate upon discontinuation of federal funding for reimbursement of bureau costs associated with investigations of fraudulent conduct involving Title II and Title XVI disability programs;
- (F) Victimization of children by means of a computer or other electronic communications device;
- (G) Commission of an offense involving any form of trafficking prohibited by title 39, chapter 13, part 3; or
- (H) Commission of an offense prohibited by title 39, chapter 14, part 3.
- (2)
- (A) For the purposes of subsection (b), “organized crime” is defined as the unlawful activities of the members of an organized, disciplined association engaged in supplying illegal goods and services, including, but not limited to, gambling, prostitution, loan sharking, narcotics, labor racketeering, and other unlawful activities of members of such organizations.
- (B) The bureau is authorized to investigate allegations of felonious conduct resulting in serious bodily injury to a state inmate who is housed in a county or private correctional facility where the alleged perpetrator is an official, employee or trustee of the county or a private vendor if, after the district attorney general is notified by the department of correction of such felonious conduct, the district attorney general refuses to request the bureau to make an investigation. The bureau shall forward the results of any such investigation to the department of correction and the district attorney general.
- (C) The bureau also is authorized, upon the request of the governor, the attorney general and reporter, any member of the board, the commissioner of correction or a district attorney general to conduct investigations into allegations of fraud, corruption, or dishonesty involving the granting, revoking or denying of paroles, release classification status or executive clemency of any type. The governor, a district attorney general, the attorney general and reporter, or the board of parole acting at the request of the governor, may request the assistance of the bureau to determine whether any recipient of executive clemency of any type has been or is presently abiding by the terms and conditions imposed upon the governor's granting of executive clemency of any type.
- (D) The bureau shall coordinate its activities whenever possible with municipal, county, and federal police agencies with emphasis toward providing strike force capabilities to high crime areas within the state.
- (E) The bureau shall continue to utilize the communications systems of the department of safety.
- (F) The bureau is also authorized, in consultation with the appropriate department or agency, to conduct an investigation into a violation of a criminal offense:
- (i) In which the victim of the offense is a state employee or contractor who was acting in the employee or contractor's official capacity at the time of the offense;
- (ii) That resulted in state property being damaged or destroyed as a result of the offense; or
- (iii) That delayed the administration of state government at a significant cost to the state.
- (c) Whenever a district attorney general refuses or neglects to present the results of any investigation undertaken under this section to a grand jury, the director, or the director's designated representative, may appear before the grand jury and seek a presentment, and the grand jury shall have the power to issue compulsory process for the appearance of witnesses. In the event the grand jury returns a presentment and the district attorney general refuses to prosecute, the director may petition for the appointment of a district attorney general pro tempore as provided for in § 8-7-106.
- (d) The director shall cause to be established within the criminal investigation division a criminal intelligence unit (CIU). It shall be the responsibility of the CIU, through the automated criminal intelligence system of Tennessee (ACIST), as well as through criminal investigators assigned to each of the bureau's four regional offices, to gather and maintain criminal intelligence on criminal gang activity. Intelligence collected pursuant to this section shall be reviewed for compliance with 28 CFR Part 23.20 and shall be disseminated to local, state, and federal law enforcement agencies pursuant to 28 CFR Part 23.20. The bureau shall analyze all criminal intelligence collected, and shall compile statistical information for dissemination through the national incident-based reporting system (NIBRS) and the bureau's annual report.
- (e)
- (1) Investigators of the bureau of investigation are authorized, without a request from the district attorney general, to make investigations based upon intelligence information pertaining to domestic terrorism that the bureau received under a government information security classification. Investigators may make investigations based upon intelligence information pertaining to domestic terrorism that the bureau received from nonclassified sources upon the request of the district attorney general.
- (2) Investigators of the bureau of investigation are authorized, without a request from the district attorney general, to make traffic stops in emergency situations in which the safety of the public is in jeopardy and no officer from the appropriate law enforcement agency is immediately available to make the stop. For purposes of this subdivision (e)(2), “emergency situations” is limited to driving under the influence of an intoxicant pursuant to § 55-10-401, and reckless endangerment pursuant to § 39-13-103 involving the traffic stop. Investigators may also assist stranded motorists.
- (f) On or before January 1, 2022, the district attorneys general conference shall file a report with the speakers of the senate and house of representatives and the chairs of the judiciary committee of the senate and criminal justice committee of the house of representatives detailing by geographic location within this state:
- (1) The aggregate number of reports of potential violations of criminal offenses described in subdivision (b)(2)(F);
- (2) The action taken by the appropriate district attorney for each report; and
- (3) The legal disposition of any case resulting from each report.
History (26)
- Acts 1951, ch. 173, § 2 (Williams, § 11465.11)
- Acts 1957, ch. 134, § 1
- 1957, ch. 216, § 1
- 1961, ch. 297, § 1
- 1970, ch. 362, § 1
- 1979, ch. 359, § 9
- 1980, ch. 636, § 2
- impl. am. Acts 1980, ch. 636, § 13
- T.C.A. (orig. ed.), § 38-502
- Acts 1995, ch. 469, § 1
- 1996, ch. 944, § 47
- 1996, ch. 1066, § 1
- 1997, ch. 541, § 1
- 1998, ch. 1049, § 6
- 1998, ch. 1069, § 2
- 1999, ch. 520, § 38
- 2000, ch. 852, § 9
- 2001, ch. 313, § 1
- 2002, ch. 849, § 9
- 2003, ch. 355, § 15
- 2008, ch. 988, § 1
- 2008, ch. 1039, § 1
- 2015, ch. 503, § 2
- 2016, ch. 1041, § 1
- 2020 (2nd Ex. Sess.), ch. 3, §§ 22, 23
- 2021, ch. 64, § 41.
§ 38-6-103. Forensic services division — Purchase of breathalyzer tests by local governments. - (a) The forensic services division shall consist of experts in the scientific detection of crime. The director is empowered to employ, either upon a temporary or permanent basis, but is not limited to, ballistics experts, pathologists, toxicologists, experts in the detection of human bloodstains and fingerprint experts and such other persons of expert knowledge in the detection of crime as may be found feasible. It shall be the duty of the forensic services division to keep a complete record of fingerprints obtained by it through exchange with the federal bureau of investigation, with similar bureaus in other states and from fingerprints obtained in this state. Each peace officer of this state, upon fingerprinting any person arrested, shall furnish a copy of the fingerprints to the forensic services division of the bureau. Likewise, such fingerprints as are now on file at the state penitentiary shall be transferred from the penitentiary to the bureau and maintained by it. Each person received at the state penitentiary shall be fingerprinted and a copy of the fingerprints furnished to the bureau. The bureau is authorized to exchange with the federal bureau of investigation any and all information obtained by the bureau in the course of its work and to request of the federal bureau of investigation such information as the bureau may desire.
- (b) The services of the forensic services division may be made available by the director to any district attorney general of this state, the chief medical examiner and all county medical examiners in the performance of their duties under the post-mortem examination law or to any peace officer upon the approval of the district attorney general of the district in which such peace officer is located. The forensic services division likewise is authorized to avail itself of the services of any and all other departments of the state where the same may be of benefit to it, including, but not limited to, the state chemists and other expert personnel.
- (c) The Tennessee crime laboratory and all regional crime laboratories shall be under the supervision of the director of the bureau or the director's designated representatives.
- (d)
- (1)
- (A) The following fees shall be adjudged as a part of the costs in each case upon conviction of the following offenses:
- (i) Controlled substances, controlled substance analogues, narcotics, drugs $20.00
- (ii) Driving a motor vehicle, or operating a boat while under the influence of intoxicants and/or drugs, except as provided in § 55-10-413(d) 17.50
- (iii) Certification of criminal histories and records Amount fixed by the federal bureau of investigation
- (iv) Upon the forfeiture of a cash bond or other surety entered as a result of a municipal traffic citation, whether considered a fine, a bond or a tax13.75.
- (B) Such fees shall be in addition to and not in substitution for any and all fines and penalties otherwise provided for by law.
- (C) Except when and as provided in this subdivision (d)(1) and subdivision (e)(2), the appropriate clerk, after deducting five percent (5%) as compensation when applicable, shall identify those fees set out in subdivisions (d)(1)(A)(i)-(iv) to the Tennessee bureau of investigation and remit the fees to the state treasury to be expended as appropriated by the general assembly.
- (D) Any moneys in the TBI fund, created pursuant to Chapter 1019 of the Public Acts of 2010, on June 30, 2020, shall revert to the general fund on such date, to be used only as appropriated by the general assembly.
- (2) Upon approval of the director, local governing bodies which have the responsibility for providing funding for sheriffs' offices and police departments are authorized to purchase from state contracts approved for bureau purchases, scientific instruments designed to examine a person's breath and measure the alcohol content of a person's breath, for use as evidence in the trial of cases; provided, that prior to use of the scientific instruments, such instruments must be delivered to the forensic services division for testing and certification pursuant to subsection (g). The bureau shall continue to maintain and certify the instruments and operating personnel, pursuant to subsection (g), and furnish expert testimony in support of the use of the scientific instruments when required.
- (e)
- (1) Any fees authorized for services rendered by the bureau that are not incident to a court case shall be paid to the Tennessee bureau of investigation for deposit with the state treasurer for expenditure as provided for by this section.
- (2) Every local governing body purchasing the instruments pursuant to subsection (d) shall report the use of the instrument to the clerk of the court, for inclusion of the service fee as a part of the court costs, which service fee shall be disbursed to the local governing body until the purchase price is recovered. Thereafter, the service fee shall be disbursed by the clerk to the bureau, for payment to the state treasurer as required by subsection (f).
- (f) All revenue resulting from fines, forfeitures and services rendered by the bureau shall be paid to the state treasurer and used only as appropriated by the general assembly.
- (g) The bureau, through its forensic services division, shall establish, authorize, approve and certify techniques, methods, procedures and instruments for the scientific examination and analysis of evidence, including blood, urine, breath or other bodily substances, and teach and certify qualifying personnel in the operation of such instruments to meet the requirements of the law for the admissibility of evidence. When examinations, tests and analyses have been performed in compliance with these standards and procedures, the results shall be prima facie admissible into evidence in any judicial or quasi-judicial proceeding, subject to the rules of evidence as administered by the courts.
- (h)
- (1) Effective July 1, 2006, there is created within the Tennessee bureau of investigation's serology/DNA unit, six (6) additional special agent/forensic scientist positions to perform DNA analysis in criminal investigations. The positions shall be in addition to any position that was created and funded prior to July 1, 2006, or that may be created in the future. The director shall determine to which of the bureau's forensic laboratories each of the six (6) special agents/forensic scientists employed pursuant to this subsection (h) shall be assigned. The assignments shall be based upon the number of criminal investigations requiring DNA analysis in each of the laboratories, the DNA analysis backlog and such other factors as the director determines will most quickly and efficiently reduce the backlog of DNA samples awaiting analysis.
- (2) When the backlog of criminal investigations awaiting DNA analysis becomes current, the director shall continue to utilize these six (6) positions in the various bureau laboratories, as needed to prevent any future backlog of analysis requests and to expedite the analysis of future requests.
History (17)
- Acts 1951, ch. 173, § 3 (Williams, § 11465.12)
- Acts 1980, ch. 636, § 3
- 1980, ch. 810, § 1
- 1981, ch. 512, § 1
- T.C.A. (orig. ed.), § 38-503
- Acts 1985, ch. 124, §§ 1-3
- 1987, ch. 104, § 1
- 1990, ch. 847, § 1
- 2006, ch. 891, § 1
- 2006, ch. 998, § 3
- 2007, ch. 374, § 3
- 2010, ch. 1019, § 1
- 2011, ch. 49, § 1
- 2012, ch. 848, § 10
- 2012, ch. 1088, § 1
- 2013, ch. 154, § 32
- 2020, ch. 668, § 1.
§ 38-6-104. Personnel — Injuries in the line of duty. - (a) The director may employ such clerical and stenographic personnel as may be needed for the efficient operation of the bureau. Salaries of the personnel of the bureau shall be fixed by the director and paid from the funds appropriated to the bureau by the general assembly. Nothing contained in this section shall affect in any way the retirement benefits and longevity pay as are now provided for the personnel for the Tennessee bureau of criminal identification. All funds, supplies and equipment now allocated for the use and benefit of the Tennessee bureau of criminal identification are transferred to the separate department created by this chapter for the use and benefit of the bureau.
- (b) When a member of the bureau is injured in the line of duty and that injury prevents the member from performing the member's regular duties, whether the disability is temporary or permanent, it is lawful for the director, in the director's sound discretion and with the approval of the governor and the attorney general and reporter, to retain the disabled member of the bureau upon the regular payroll of the bureau until the member's claim for compensation for the disability is determined by the state board of claims. The state board of claims shall act within thirty (30) days of receipt of a disability rating based upon competent medical advice.
History (4)
- Acts 1951, ch. 173, § 4 (Williams, § 11465.13)
- Acts 1980, ch. 636, § 4
- 1981, ch. 402, § 1
- T.C.A. (orig. ed.), § 38-504.
§ 38-6-105. Retired agents. - Any agent or uniformed law enforcement officer of the Tennessee bureau of investigation who retires after twenty-five (25) years of honorable service shall be issued a retired commission card by the bureau. The card shall identify the agent or uniformed law enforcement officer and that the agent or uniformed law enforcement officer is retired. Cards issued under this provision shall bear the inscription, in print of equal or larger size than the rest of the printing on the card, the words “Not a handgun permit.” After twenty-five (25) years of honorable service by an agent or uniformed law enforcement officer of the bureau, in recognition of the agent's or uniformed law enforcement officer's many years of good and faithful public service, the bureau shall authorize the agent or uniformed law enforcement officer to retain the agent's or uniformed law enforcement officer's service weapon.
History (6)
- Acts 1974, ch. 710, § 2
- 1980, ch. 636, § 5
- T.C.A., § 38-505
- Acts 1995, ch. 273, § 1
- 1996, ch. 675, § 18
- 2018, ch. 727, § 1.
§ 38-6-106. Requests for investigative records — Background checks of appointees. - (a) Any request for investigative records by the governor, speaker of the senate, speaker of the house of representatives or supreme court chief justice shall be in writing and shall state specifically the reasons for such request. All such written requests shall be signed by the governor, speaker of the senate, speaker of the house of representatives or chief justice and not the governor's, speaker's or chief justice's agent or designee.
- (b) The governor, speaker of the senate, speaker of the house of representatives, and chief justice are authorized to request the director of the Tennessee bureau of investigation to conduct a background investigation concerning a person who has asked or agreed to be considered by the governor, speaker of the senate, speaker of the house of representatives, or chief justice for appointment to a position of trust and responsibility, including, but not limited to, positions relating to homeland security. Upon the request of the governor, speaker of the senate, speaker of the house of representatives, or chief justice, the director shall conduct the investigation and report the results to the governor, speaker of the senate, speaker of the house of representatives, or chief justice, either verbally or in writing, as the governor, speaker of the senate, speaker of the house of representatives, or chief justice may direct. The chair of the nominating commission appointed pursuant to § 38-6-101 may request a background investigation concerning a person who is under consideration by the nominating commission as a potential candidate for recommendation to the governor as a nominee for the position of director of the Tennessee bureau of investigation. The commission may contract with a law enforcement agency to conduct the investigation. The investigation must include fingerprinting of the applicant for a state and national criminal history background review. The law enforcement agency with which the nominating commission contracts shall report the results to the chair of the nominating commission, either verbally or in writing, as the chair of the nominating commission may direct.
- (c) All confidential information reported to the governor, speaker of the senate, speaker of the house of representatives or chief justice pursuant to subsection (b) shall remain confidential. Any background investigation requested by a nominating commission appointed pursuant to § 38-6-101, and any background investigation delivered to the governor by the commission, shall be treated as confidential.
- (d) The commission appointed pursuant to § 38-6-101 is authorized to contract with a private entity for other services, including, but not limited to, recruiting and screening applicants. Names of applicants and related records shall remain confidential, except to the extent such records are received by the commission; provided, however, that background investigations, and information that would remain confidential pursuant to § 10-7-504, if such applicants were employees of the state, shall remain confidential, even after receipt by the commission and the governor.
- (e) The authority granted by this section to the chief justice of the supreme court to request the Tennessee bureau of investigation to conduct background investigations is limited to investigations of persons applying or considered for the positions of:
- (1) Attorney general and reporter;
- (2) Clerk of the supreme court (appellate court clerk);
- (3) Administrative director of the courts;
- (4) Executive director, Tennessee lawyers' assistance program;
- (5) Chief disciplinary counsel, board of professional responsibility;
- (6) Executive director, Tennessee commission on continuing legal education and specialization; and
- (7) Executive director, Tennessee lawyers' fund for client protection.
- (f) The authority granted by this section to the speaker of the senate and speaker of the house of representatives to request the Tennessee bureau of investigation to conduct background investigations is limited to fifteen (15) requests per calendar year per speaker.
- (g) In addition to the authorization of the speaker of the senate and the speaker of the house of representatives to request the director of the Tennessee bureau of investigation to conduct a background investigation concerning persons under consideration for appointment to a position of trust and responsibility, the chair of any standing committee to which the governor's notice of appointment has been referred pursuant to § 17-4-102 shall be provided with a background investigation of any gubernatorial appointee to the position of judge of the supreme court, court of appeals, or court of criminal appeals whose appointment will be considered by the committee as provided in § 17-4-102. The background investigation must include fingerprint submissions of the potential appointee to both the Tennessee bureau of investigation and federal bureau of investigation. The Tennessee bureau of investigation may contract with the federal bureau of investigation, another law enforcement agency, or another legally authorized entity to assist in the investigation. Any report provided to the chair of the committee shall be treated as a confidential record that is not open to public inspection.
- (h) Persons applying or being considered for the following positions of trust and responsibility must provide fingerprint submissions to the Tennessee bureau of investigation and federal bureau of investigation for a criminal history review:
- (1) A commissioner of a department of the executive branch;
- (2) A general counsel position at a department of the executive branch;
- (3) A pilot employed by the Tennessee department of transportation; and
- (4) Law enforcement personnel entrusted with the protection of the governor.
History (9)
- Acts 1980, ch. 636, § 14
- T.C.A., § 38-506
- Acts 1988, ch. 711, § 1
- 2004, ch. 528, § 1
- 2004, ch. 903, § 1
- 2011, ch. 395, §§ 1-4
- 2016, ch. 528, § 20
- 2022, ch. 977, §§ 1, 2
- 2023, ch. 433, §§ 1-3.
§ 38-6-107. Certification of records by director. - (a) The director is authorized to establish a procedure for the official attestation, sealing and certification of records, reports, documents and actions of the bureau that may be required or authorized by law, and to designate the persons responsible for the certification.
- (b) The procedures provided for in subsection (a) shall be filed with the secretary of state.
History (2)
- Acts 1981, ch. 512, § 8
- T.C.A., § 38-507.
§ 38-6-109. Verification of criminal violation information. - (a) The Tennessee bureau of investigation shall process requests for criminal background checks from any authorized persons, organizations or entities permitted by law to seek criminal history background checks on certain persons, pursuant to a format and under procedures as it may require.
- (b)
- (1) At the request of any persons, organizations or entities authorized by law to make fingerprint requests, the Tennessee bureau of investigation shall receive fingerprint samples from the persons, organizations or entities permitted by law to make those requests and shall check the prints against its records by using its computer files of criminal offenders contained in the Tennessee crime information center (T.C.I.C.) to process these requests and, to the extent permitted by federal law, shall also check the prints against records maintained by the federal bureau of investigation to determine if prior criminal history or convictions exist.
- (2) Upon completion of the search, the bureau shall report its findings to the requesting persons, organizations or entities authorized by law to receive such information.
- (c)
- (1) Agencies or organizations that have an agreement to do so with the Tennessee bureau of investigation and that have any responsibility or authority under law for conducting criminal history background reviews of persons may also access directly the computer files of the T.C.I.C. using only names or other identifying data elements to obtain available Tennessee criminal history background information for purpose of background reviews.
- (2) If review by the method permitted by subdivision (c)(1) indicates the need for further verification of the individual's criminal history, and if authorized by the requesting entity's legal authority, the requesting entity may submit fingerprint samples for a criminal history background check by the Tennessee bureau of investigation as otherwise authorized by this section.
- (d) The fees for fingerprint searches shall be the same for a Tennessee search as for a federal bureau of investigation search and shall be according to the fee schedule established by the federal bureau of investigation.
- (e) The instant check unit of the Tennessee bureau of investigation shall contact the agency making the entry of an order of protection into the national crime information center within one (1) day if the subject of the order of protection attempts to purchase a firearm.
- (f) If a person who has been adjudicated as a mental defective or judicially committed to a mental institution attempts to purchase a firearm, and the instant check unit of the Tennessee bureau of investigation confirms the person's record by means of a record indicating the person's name, birth date, social security number, and either the person's sex or race, the unit shall contact, within twenty-four (24) hours, the chief law enforcement officer of the jurisdiction where the attempted purchase occurred for the purpose of initiating an investigation into a possible violation of law.
- (g)
- (1) Notwithstanding another law to the contrary, clerks of court, county clerks, registers of deeds, and county trustees may enter into agreements with a fingerprint vendor that is under contract with the Tennessee bureau of investigation for purposes of providing fingerprint capture services for fingerprint-based background checks permitted by law. An agreement between clerks of court, county clerks, registers of deeds, or county trustees and a fingerprint vendor that is under contract with the Tennessee bureau of investigation must be limited to fingerprint capture services for fingerprint-based background checks permitted by law and processed by the Tennessee bureau of investigation. The terms of an agreement between the fingerprint vendor and clerks of court, county clerks, registers of deeds, or county trustees must not conflict with or negate a contractual obligation that the fingerprint vendor has with the Tennessee bureau of investigation.
- (2) The fingerprint vendor shall provide all fingerprint images captured by the fingerprint vendor pursuant to subdivision (g)(1) to the Tennessee bureau of investigation. The bureau shall maintain, preserve, and enter the information into an automated fingerprint identification system (AFIS), if appropriate.
History (7)
- Acts 1985, ch. 478, § 28
- 1996, ch. 1079, § 121
- 2000, ch. 981, § 15
- 2008, ch. 830, § 1
- 2016, ch. 729, § 1
- 2018, ch. 799, § 1
- 2022, ch. 1037, § 1.
§ 38-6-110. Central registry for sexual offenders. - (a) The Tennessee bureau of investigation shall establish a central registry of sexual offenders modeled after statutes enacted in other states. The registry shall include all validated offenders from files maintained by the department of children's services, all persons who have been arrested for the commission of a sexual offense, and all persons who have been convicted of a sexual offense.
- (b) The departments of correction and children's services and local law enforcement agencies shall cooperate fully in the creation and updating of the central registry.
History (3)
- Acts 1985, ch. 478, § 36
- 1989, ch. 278, § 45
- 1996, ch. 1079, § 122.
§ 38-6-111. Disposal of gambling devices. - Any gambling device confiscated by the Tennessee bureau of investigation pursuant to a lawful order that has become final, including appeals, may, in lieu of destruction, be ordered sold at public sale, after the removal and destruction of the gambling circuitry and mechanisms. The proceeds of sales shall be deposited with the Tennessee bureau of investigation and budgeted to procure equipment for the forensic services division of the bureau.
History (2)
- Acts 1987, ch. 450, § 1
- 1996, ch. 675, § 19.
§ 38-6-112. Requests by attorney general and reporter for assistance. - The attorney general and reporter is authorized to request the director of the bureau to furnish any assistance that may be required by the attorney general and reporter in the performance of the attorney general and reporter's duties under title 8, chapter 47, regarding the removal of officers; title 47, chapter 25, part 1, regarding trusts-unlawful restraint of trade and discrimination; §§ 48-1-122 and 48-1-123, regarding violations of the Tennessee Securities Act of 1980; and title 47, chapter 18, part 1, regarding the Consumer Protection Act of 1977. The bureau is authorized to provide to the attorney general and reporter any assistance that the attorney general and reporter may request pursuant to this section.
§ 38-6-113. DNA analysis — Procedures for collection and preservation of human biological specimens. - (a) As used in this section, unless the context otherwise requires, “DNA analysis” means the process through which deoxyribonucleic acid (DNA) in a human biological specimen is analyzed and compared with DNA from another biological specimen for identification purposes.
- (b) The Tennessee bureau of investigation shall develop uniform procedures for the collection and preservation of human biological specimens for DNA analysis in cases of alleged or suspected violations of § 39-13-502, § 39-13-503, § 39-13-504, § 39-13-505, § 39-13-522 or § 39-15-302. Law enforcement agencies and medical personnel who conduct evidentiary examinations shall use the uniform procedures in their investigation of the above offenses.
- (c)
- (1) The bureau shall adopt uniform procedures to maintain, preserve and analyze human biological specimens for DNA. The bureau shall establish a centralized system to cross-reference data obtained from DNA analysis. The centralized system shall contain convicted felon profiles, forensic unknown profiles, criminal suspect profiles, violent juvenile sexual offender profiles, and missing person profiles. The detention, arrest or conviction of a person based upon a databank match or database information is not invalidated, if it is later determined that the specimens or samples were obtained or placed in the database by mistake.
- (2) For purposes of this subsection (c), “violent juvenile sexual offender” means any person adjudicated delinquent for any act that if committed by an adult would constitute a violation of § 39-13-502, § 39-13-503, § 39-13-504, § 39-13-505, § 39-13-522, § 39-13-531 or § 39-15-302.
- (d) The bureau shall perform DNA analysis and make data obtained available to law enforcement officials in connection with appropriate criminal investigations in which human biological specimens have been recovered. The bureau shall also make the data available to the district attorney general, and the subject of the data in any subsequent criminal prosecution of the subject.
- (e)
- (1) Until January 1, 2025, the bureau must provide quarterly updates on the bureau's efforts to hire and train employees within the forensic services division and the average amount of time taken to perform forensic analysis on evidence in cases involving offenses under title 39, chapter 13, part 5, to the judiciary committee of the senate and the criminal justice committee of the house of representatives.
- (2) By January 1, 2025, the bureau must submit a report to the judiciary and finance, ways and means committees of the senate and the criminal justice and finance, ways, and means committees of the house of representatives detailing any additional resources and personnel that would be required in order to perform forensic analysis on evidence in cases involving offenses under title 39, chapter 13, part 5, within sixty (60) days of the bureau's receipt of the evidence from a law enforcement agency.
History (5)
- Acts 1991, ch. 480, § 1
- 1995, ch. 131, § 1
- 2006, ch. 723, § 1
- 2010, ch. 964, § 1
- 2023, ch. 249, § 1.
§ 38-6-114. Course of instruction concerning human trafficking. - (a) The Tennessee bureau of investigation shall, by January 1, 2016:
- (1) Implement a course or courses of instruction, composed of live instruction, telecommunication, video or other medium, or any combination of methods, for the training of law enforcement officers and other government officials who are directly involved with human trafficking, including the investigation of and the intake of human trafficking complaints; and
- (2) Develop recommended best practice uniform protocols and procedures for law enforcement response to human trafficking.
- (b)
- (1) The course or courses of instruction and the guidelines shall emphasize:
- (A) The dynamics and manifestations of human trafficking;
- (B) Identifying and communicating with victims;
- (C) Providing documentation that satisfies the peace officers standards and training (POST) commission requirements;
- (D) Collaboration with federal law enforcement officials;
- (E) Appropriate investigative techniques for the particular victim or victim type;
- (F) The availability of civil and immigration remedies and community resources; and
- (G) Protection of the victim.
- (2) Where appropriate, the trainers shall include presentations by human trafficking experts with experience in the delivery of direct services to victims of human trafficking.
- (3) Completion of the course may be satisfied by telecommunication, video recording, or other instruction presentation method where an instructor on site is not required.
- (c)
- (1) A law enforcement officer who is assigned field or investigative duties shall complete a minimum of two (2) hours of training in a course or courses of instruction pertaining to the handling of human trafficking complaints as described in subsection (b).
- (2) An officer must complete the training hours required by subdivision (c)(1) by July 1, 2017, or within six (6) months from the officer's date of employment as a full-time law enforcement officer, whichever is later.
- (d)
- (1) The Tennessee bureau of investigation shall employ four (4) additional persons qualified to serve as special agents whose duties it will be to provide training pursuant to this section, investigate, and develop criminal cases involving human trafficking offenses throughout the state.
- (2) Once the additional special agents are employed, they shall be assigned so that all regions of the state are equally represented.
- (e)
- (1) In addition to the course of instruction provided to law enforcement officers pursuant to subsection (a), the Tennessee bureau of investigation shall develop and deliver a course of instruction designed for various agencies and departments likely to come into contact with human trafficking and human trafficking victims during the course of delivering services. Departments, agencies, or associations included in this course of instruction are:
- (A) Council of juvenile and family court judges, including juvenile court administrators, juvenile court youth services officers, and juvenile court probation officers;
- (B) Department of children's services;
- (C) Department of education;
- (D) Department of health;
- (E) Department of human services;
- (F) Department of mental health and substance abuse services;
- (G) Department of safety;
- (H) Department of labor and workforce development;
- (I) District attorneys general conference;
- (J) District public defenders conference;
- (K) Office of the attorney general and reporter;
- (L) Tennessee association of chiefs of police;
- (M) [Deleted by 2017 amendment.]
- (N) Tennessee sheriffs' association;
- (O) Tennessee judicial conference;
- (P) Tennessee general sessions judges conference; and
- (Q) Clerks of court conference.
- (2) In developing the course of instruction pursuant to this subsection (e), the Tennessee bureau of investigation shall consult with the human trafficking task force or individual members of the task force.
- (f) Furnishing personnel and appropriations for the training course is the sole responsibility of the Tennessee bureau of investigation. Departments, agencies, or associations included under subsection (e) shall be provided the training at no cost to the department, agency, or association.
History (3)
- Acts 2015, ch. 503, § 1
- 2016, ch. 979, §§ 2, 3
- 2017, ch. 326, § 3.
§ 38-6-116. Tennessee internet criminal information center. - (a) The Tennessee bureau of investigation shall create an office within the bureau to be known as the Tennessee internet criminal information center (TICIC). The purpose of the center is the development, maintenance and updating of an online database, toll-free hotline and such other means as are appropriate to provide easily accessible information to members of the public concerning persons of interest to the public safety and welfare.
- (b) Upon creation of the TICIC, the bureau shall compile and maintain databases consisting of a registry and associated information for the following groups of persons:
- (1) The Sexual Offense Registry.
- (A) This registry shall consist of all public information regarding persons who are required to complete a TBI sexual offender registration/monitoring form pursuant to title 40, chapter 39, part 2;
- (B) This registry shall include the photograph of all persons who are registered pursuant to title 40, chapter 39, part 2;
- (2) The Tennessee Missing Children Registry. This registry shall consist of those children who have been placed by the bureau on the Tennessee missing children registry; and
- (3) Any other registry, information or database that, in the opinion of the bureau, would be in the interest of the public safety or welfare.
- (c) When one (1) or more of the databases comprising the TICIC is complete and in an accessible format, the bureau shall place and maintain each of them on the TICIC's Internet home page which shall be accessible through the state of Tennessee's Internet home page.
History (4)
- Acts 1997, ch. 341, § 1
- 2011, ch. 263, § 1
- 2011, ch. 268, § 1
- 2012, ch. 727, § 4.
§ 38-6-117. Missing children registry. - (a) The Tennessee bureau of investigation is authorized to create within the bureau a missing children registry. The registry shall contain pertinent information about, a picture of, and the current status of certain children in this state who have been reported missing.
- (b) The bureau shall have the sole discretion to determine the number of missing children to be placed on the registry, the criteria for placing a child on the registry and the definition of “missing child.”
- (c) The bureau shall place, maintain and update the missing children registry on the state of Tennessee's internet home page.
- (d) When the Tennessee internet criminal information center is created within the bureau and becomes operational, the missing children registry shall become a part of such center.
- (e) The bureau shall update the missing children's web page to reflect that a missing child has been recovered.
History (2)
- Acts 1997, ch. 342, § 1
- 2014, ch. 588, § 1.
§ 38-6-118. Expunged criminal offender and pretrial diversion database. - (a)
- (1) The Tennessee bureau of investigation shall establish within the bureau an expunged criminal offender and pretrial diversion database. Such database shall consist of the name, date of birth, social security number, charging offense, date of dismissal and date of expunction of a criminal offender who has:
- (A) Been granted diversion either under title 40, chapter 15 or § 40-35-313; provided, however, that the bureau shall not be required to enter or maintain information into its database concerning any dismissal or expunction order dated on or after July 1, 1999, if the charge dismissed or expunged is classified as a Class B or C misdemeanor;
- (B) Had the public records of such offense expunged following the dismissal of charges against the offender by reason of the successful completion of either the diversion program; or
- (C) Had the public records of such offense expunged following the dismissal of charges for any other reason.
- (2) The bureau shall obtain the information for the database from the abstracts or copies of orders sent to it by judges pursuant to §§ 40-15-105, 40-32-101 and 40-35-313. The bureau shall also obtain information for the database from its confidential records maintained for law enforcement purposes, the public portion of which were expunged prior to October 1, 1998.
- (b)
- (1) When a judge, district attorney general, defendant, or defendant's counsel requests a certificate from the bureau relative to a defendant's eligibility for pretrial diversion pursuant to title 40, chapter 15 or § 40-35-313, the bureau shall conduct a criminal history record check based upon the defendant's name, date of birth and social security number to determine if the defendant:
- (A) Has a prior felony or Class A misdemeanor conviction;
- (B) Has ever previously been granted a type of diversion; and
- (C) Has ever had an order expunging the public records of a criminal offense following the dismissal of charges entered on behalf of such defendant.
- (2) The bureau shall certify the results of such search to the requesting judge, district attorney general, defendant, or defendant's counsel. The bureau shall not be required to search any other source or database in order to make the certification required by this section.
- (c) Funding for the operational expenses of this section shall be as stated under [former] § 40-32-101(d)(2) [repealed].
- (d)
- (1) Except for the purpose of certifying to the requesting judge, district attorney general, defendant, or defendant's counsel the information required in subsection (b), the expunged criminal offender and pretrial diversion database created by this section is not a public record and shall be maintained as confidential by the bureau; provided, however, that the bureau shall forward all information on expunction orders to the administrative office of the courts for the sole purpose of ensuring the expunction of records from the databases maintained pursuant to §§ 16-1-117 and 16-3-803(i).
- (2) Notwithstanding subdivision (d)(1), when a person petitions the court for expunction pursuant to § 40-32-101(g)(3), the bureau may inform the district attorney general for that judicial district if the petitioner has been granted a prior expunction for another criminal offense.
- (e) Upon a defendant's request for diversion pursuant to title 40, chapter 15, or § 40-35-313, all of which require a certificate from the bureau relative to the defendant's eligibility for diversion, the defendant shall pay a fee of one hundred dollars ($100) to the bureau for remittance to the state treasury to be deposited in the general fund of the state.
History (8)
- Acts 1998, ch. 1099, § 11
- 2000, ch. 645, § 4
- 2002, ch. 495, § 5
- 2004, ch. 484, § 1
- 2012, ch. 1041, §§ 1, 2
- 2020, ch. 668, § 2
- 2023, ch. 35, §§ 1, 2
- 2024, ch. 992, § 1.
§ 38-6-119. Protection and security for facilities, employees, and grounds — Powers — Instruction. - (a) The director shall have authority to commission Tennessee bureau of investigation (TBI) uniformed officers in order to protect and provide security for TBI facilities, employees, and grounds.
- (b) Such uniformed officers shall have full power to carry firearms and make arrests for any offenses under the laws of the state of Tennessee.
- (c) All TBI uniformed officers must successfully complete a prescribed basic law enforcement course of instruction at the Jerry F. Agee Tennessee law enforcement training academy or its equivalent.
§ 38-6-120. Criminal history information compiled from intrastate sources — Fees. - (a) Criminal history information compiled by the Tennessee bureau of investigation (TBI) from intrastate sources shall be available on a priority basis to criminal justice agencies for criminal justice purposes free of charge. After providing the TBI with all known identifying information, persons in the private sector and noncriminal justice agencies may be provided criminal history information upon tender of fees as established in subsection (b), and in the manner prescribed by rule of the TBI. Such fees are to offset expenditures related to operational costs of the TBI. Any access to criminal history information by the private sector or noncriminal justice agencies as provided in this subsection (a) shall be assessed without regard to the quantity or category of criminal history record information requested. Fees may be reduced by the director of the TBI for good cause shown.
- (b) The fee per record for criminal history information provided pursuant to this section is twenty-nine dollars ($29.00) per name submitted.
§ 38-6-121. Silver Alert program. - (a) The general assembly finds that in the case of a missing citizen who has wandered due to dementia, physical impairment, or disability, the first few hours are critical in finding the citizen. To aid in the identification and location of missing citizens, there is created a missing citizen alert program called the Silver Alert program. The Tennessee bureau of investigation shall provide oversight and a statewide protocol to be implemented with law enforcement agencies in this state. The Tennessee bureau of investigation and local law enforcement agencies may seek the assistance of nonprofit organizations such as A Child is Missing, the Alzheimer's Association, or Alzheimer's Tennessee.
- (b) As used in this section, “missing citizen” means:
- (1) A person whose age at the time the person is first reported missing is sixty (60) years of age or older, whose whereabouts are unknown, and who is believed to be in danger because of age, health, mental health conditions, or physical disability, in combination with environmental or weather conditions, or is believed to be unable to return to safety without assistance;
- (2) A person of any age who suffers from a documented case of dementia, whose whereabouts are unknown, who is believed to be in danger because of the dementia or a physical impairment, and is believed to be unable to return to safety without assistance; or
- (3) A person whose age at the time the person is first reported missing is eighteen (18) years of age or older; whose whereabouts are unknown; who has an intellectual, developmental, or physical disability; and who is believed to be in danger because of the disability, or is believed to be unable to return to safety without assistance.
- (c)
- (1) When a local law enforcement agency receives notice that a citizen with a condition described in subdivision (b)(1) is missing and has received a caregiver's statement verifying the condition of the missing citizen, or, when the local law enforcement agency receives notice that a citizen with a condition described in subdivision (b)(2) or (b)(3) is missing and has received medical documentation of that citizen's dementia, physical impairment, or disability, the agency shall begin an investigation immediately and notify the Tennessee bureau of investigation within four (4) hours of receiving the notice of the missing citizen by filing a report with the bureau.
- (2) Local law enforcement shall enter the report of the missing citizen with a physical impairment, dementia, physical disability, intellectual disability, or mental health condition into the national crime information center (NCIC) within four (4) hours of the completion of the verification process.
- (3) The Tennessee bureau of investigation, in coordination with law enforcement agencies, shall send the alert to designated media outlets in this state within twelve (12) hours of the notification of the missing citizen. Media outlets are strongly encouraged to publicize the information provided in order to promote the safe recovery of the missing citizen. When the alert is sent to media outlets, the alert must contain all appropriate information from the local law enforcement agency that may assist in the safe recovery of the missing citizen and a statement instructing anyone with information related to the missing citizen to contact their local law enforcement agency. The alert must contain all appropriate, descriptive information available, including, but not limited to, the location last seen, vehicle information, clothing worn, and photo, if available, that may assist in the safe recovery of the missing citizen.
- (4) The law enforcement agency requesting the alert shall cancel the alert upon notification that the missing citizen has been found, including cancellation of the missing person entry into NCIC.
- (d)
- (1) The Tennessee bureau of investigation shall provide information and education on the Silver Alert statewide protocol to all law enforcement agencies in this state.
- (2) The Tennessee Sheriffs' Association and the Tennessee Association of Chiefs of Police are encouraged to educate law enforcement as to the requirements of the Silver Alert program by methods, including, but not limited to, newsletters, press releases, media relations, access to TBI's current media list, and educational instruction through the Tennessee law enforcement training academy.
History (5)
- Acts 2009, ch. 590, § 1
- 2010, ch. 733, § 1
- 2016, ch. 682, §§ 1-5
- 2016, ch. 972, §§ 1, 2
- 2021, ch. 350, § 1.
§ 38-6-122. Blue Alert system. - (a) There is established within the Tennessee bureau of investigation (TBI) the Blue Alert system. The purpose of the Blue Alert system is to provide a statewide system for the rapid dissemination of information to speed the apprehension of violent criminals who kill or seriously injure law enforcement officers and to aid in the location of missing law enforcement officers.
- (b) If the TBI receives a report that involves the death or serious injury of a law enforcement officer in which the suspect has not been apprehended or involves a law enforcement officer missing while in the line of duty under circumstances warranting concern for such law enforcement officer's safety, the TBI shall issue an alert providing for rapid dissemination of information statewide regarding such suspect or law enforcement officer, as appropriate. The TBI shall make every effort to disseminate the information as quickly as possible when the status of the suspect or missing law enforcement officer has been reported to a law enforcement agency.
- (c) The TBI shall adopt uniform guidelines and procedures for issuing an alert for such persons and shall provide education and training to encourage radio and television broadcasters to participate in the alert. The guidelines and procedures shall ensure that specific health information about any suspect or law enforcement officer is not made public through the alert or otherwise.
- (d) The TBI shall consult with the department of transportation and develop a procedure for the use of overhead permanent changeable message signs to provide information on a missing suspect or law enforcement officer meeting the criteria of this section when information is available that would enable motorists to assist in the recovery of the missing person. The TBI and the department of transportation shall develop guidelines for the content, length, and frequency of any message to be placed on an overhead permanent changeable message sign.
- (e) The TBI may use the statewide infrastructure of the America's Missing Broadcast Emergency Response (AMBER) Alert to the extent permissible to facilitate the Blue Alert system.
- (f) Any entity or individual involved in the dissemination of a Blue Alert generated pursuant to this section shall not be liable for any civil damages arising from such dissemination.
§ 38-6-123. Inventory of sexual assault collection kits. - (a) As used in this section:
- (1) “Forensic medical examination” means an examination provided to the victim of a sexually-oriented criminal offense by a healthcare provider for the purpose of gathering and preserving evidence of a sexual assault for use in a court of law;
- (2) “Sexual assault collection kit” means a human biological specimen or specimens collected by a healthcare provider during a forensic medical examination from the victim of a sexually-oriented criminal offense; and
- (3) “Untested sexual assault collection kit” means a sexual assault collection kit that has not been submitted to the Tennessee bureau of investigation or a similar qualified laboratory for either a serology or deoxyribonucleic acid (DNA) test.
- (b) By July 1, 2014, all law enforcement agencies and departments charged with the maintenance, storage and preservation of sexual assault collection kits shall conduct an inventory of all such kits being stored by the agency or department.
- (c) By July 1, 2014, each law enforcement agency shall compile, in writing, a report containing the number of untested sexual assault collection kits in the possession of the agency or department and the date the sexual assault kit was collected. The report shall be transmitted to the Tennessee bureau of investigation.
- (d) By September 1, 2014, the Tennessee bureau of investigation shall prepare and transmit a report to the speaker of the senate and speaker of the house of representatives containing the number of untested sexual assault collection kits being stored by each county, by each law enforcement agency or department, and the date the untested kit was collected.
§ 38-6-124. Survey requesting information on best method for interfacing multiple computer databases to allow accessibility by patrolling police officers. - The Tennessee bureau of investigation shall, with the assistance of the Tennessee association of chiefs of police, the Tennessee sheriffs' association and the county officials association of Tennessee, survey appropriate law enforcement agencies and clerks' offices for the specific purpose of requesting information as to the best method for interfacing multiple computer databases to allow accessibility by police officers while on patrol, thereby allowing officers when making a lawful stop to also serve outstanding court papers such as warrants, unserved civil process, orders of protection and restraining orders. On or before January 1, 2015, the Tennessee bureau of investigation shall submit the results of the survey to the judiciary committee of the senate and the civil and criminal justice committees of the house of representatives.
§ 38-6-125. Help Find the Missing Act. - (a) This section shall be known and may be cited as the “Help Find the Missing Act”.
- (b) As used in this section:
- (1) “Missing citizen” has the same meaning as defined in § 38-6-121;
- (2) “Regional forensic center” means a facility accredited by the National Association of Medical Examiners at which autopsies are performed pursuant to § 38-7-105; and
- (3) “Unidentified body” means human remains which are unidentified after all available methods have been exhausted.
- (c)
- (1) In all cases in which the county medical examiner is not satisfied with the decedent's identification the body shall be referred for examination to a regional forensic center.
- (2) The regional forensic center shall furnish the Tennessee bureau of investigation (TBI) and the National Missing and Unidentified Persons System created by the United States department of justice's national institute of justice (NamUs), if physically possible, with copies of fingerprints on standardized eight inch by eight inch (8″ x 8″) fingerprint cards or the equivalent digital image; prints or partial prints of any fingers; any forensic odontology report concerning the body; detailed personal descriptions; DNA results; and all other identifying data, including date and place of death, of all deceased persons whose deaths are in a classification requiring inquiry by the medical examiner and who remain unidentified after all available methods have been exhausted.
- (d)
- (1) When any person makes a report of a missing person to a law enforcement agency, the agency shall immediately request a member of the family or next of kin of the missing person to authorize the release to local law enforcement of the dental records of the person reported missing. If the person reported missing is still missing thirty (30) days after the report is made, the law enforcement agency shall deliver the release to the dentist or dentists of the missing person, and request the dentist or dentists to deliver such records, including dental x-rays, to the local law enforcement agency.
- (2) If the person reported missing has not been found within the first thirty (30) days and no family or next of kin exists or can be located, the law enforcement agency may execute a written declaration, stating that an active investigation seeking the location of the missing person is being conducted and that the dental records are necessary for the exclusive purpose of furthering the investigation. Such written declaration, signed by a law enforcement officer, is sufficient authority for the dentist or dentists to release the missing person's dental records, including dental x-rays, to the local law enforcement agency, and shall not be the basis for disciplinary action pursuant to § 63-5-124. Upon receipt of a properly executed release and request or declaration, the dentist or dentists shall forward the dental records, including dental x-rays, to local law enforcement, where a file shall be maintained concerning persons reported as missing and who have not been reported as found. Within ten (10) days of receipt, a copy of the dental records, including x-rays, shall be forwarded to NamUs by the local law enforcement agency or the TBI.
- (e) Whenever a law enforcement agency determines that a person is a missing citizen, or that an unidentified living person may be a missing citizen, such law enforcement agency shall enter the report of such missing citizen in any database of missing persons currently required by their agency, into any missing person database utilized by the TBI and into NamUs.
- (f) If the TBI receives the report of a missing citizen, the TBI shall maintain a record of the case file. The TBI shall promulgate rules relating to the dissemination of the records. The rules shall require that, pursuant to this subsection (f), the process of releasing the records shall take no longer than forty-eight (48) hours from the time the TBI receives a report that a citizen, for whom there is a previous record, is missing. The record may be disseminated if the individual to whom the record pertains is reported missing on a subsequent occasion or if needed for evidentiary purposes in any civil litigation against the TBI or its personnel that arises from the investigation. In the event that there are grounds for a criminal action arising from the investigation, nothing in this subsection (f) shall prohibit the TBI from allowing the records to remain until criminal action is concluded or otherwise resolved.
- (g) The information contained in the TBI's missing person files shall be made available to NamUs and to law enforcement agencies attempting to locate missing persons.
- (h) No law enforcement agency shall establish or maintain any policy which requires the observance of a waiting period before accepting and investigating a missing child report. Upon receipt of a report of a missing child, a law enforcement agency shall enter the child into the National Crime Information Center (NCIC) pursuant to federal bureau of investigation mandate, which is two (2) hours from the time the child is reported missing to law enforcement.
- (i) When a person previously reported missing has been found, the sheriff, chief of police, medical examiner, regional forensic center, or other law enforcement agency shall report to the TBI and to NamUs within twenty-four (24) hours that the person has been found.
- (j) Nothing in this section prohibits law enforcement agencies or regional forensic centers from maintaining case files related to missing citizens or unidentified bodies.
- (k) Nothing in this section supersedes the authority of the regional forensic center to obtain dental records, including charts and x-rays in cases in which these records are necessary for the identification of human remains as authorized in § 38-7-117.
§ 38-6-126. Transfer of fire investigations section within fire prevention division of department of commerce and insurance to bureau of investigation. -
- (a) The fire investigations section within the fire prevention division of the department of commerce and insurance is transferred to the Tennessee bureau of investigation.
- (b) It is the intention of the general assembly that personnel, equipment, funding, duties, authority, and property transferred on May 24, 2019, be transferred no later than January 1, 2020.
- (c) The director of the Tennessee bureau of investigation will develop and implement a transfer plan. The plan must set forth the procedures under which transferred employees must be incorporated into the bureau.
- (d) The initial transfer of any preferred service employee pursuant to the transfer from the department of commerce and insurance to the Tennessee bureau of investigation must not result in any impairment, interruption, or diminution of employee rights, salary, benefits, leave accumulation, or employment. The commissioner of human resources may determine if there has been any impairment of rights, salary, benefits, leave accumulation, or employment as a result of the initial transfer. Any preferred service employee may seek redress of any such determination through a request for declaratory order by the commissioner of human resources pursuant to § 4-5-223.
- (e) The bureau shall electronically transmit a summary stating the cause, origin, and the circumstances of each fire investigation to the state fire marshal and the local fire department in the jurisdiction where the fire occurred.
§ 38-6-127. Applicability of endangered child and young adult alert program to endangered person under 25 years of age. - Notwithstanding any law to the contrary and for purposes of any endangered child and young adult alert program implemented by the Tennessee bureau of investigation that is distinct from the America's Missing Broadcast Emergency Response (AMBER) Alert system and that is used to notify local media about a missing child or young adult, along with any additional available information, such program shall be applied to a person who is under twenty-five (25) years of age and who meets the criteria of being endangered, as established or determined by the bureau.
History (2)
- Acts 2020, ch. 595, § 2
- 2024, ch. 837, § 1.
§ 38-6-128. Electronic tracking system for sexual assault evidence collection kits and hold kits. - (a) As used in this section, “forensic medical examination”, “hold kit”, “law enforcement agency”, “sexual assault evidence collection kit”, and “victim” have the same meaning as defined in § 39-13-519.
- (b) The Tennessee bureau of investigation shall procure and implement an electronic system that tracks the location and laboratory analysis status of each sexual assault evidence collection kit and hold kit released to a law enforcement agency at the conclusion of a forensic medical examination on or after July 1, 2022.
- (c) The system must have the capacity to allow a victim to track by internet the location and status of the victim's sexual assault evidence collection kit by use of a tracking number provided to the victim by the law enforcement agency receiving the sexual assault evidence collection kit after the conclusion of the forensic medical examination. At any time, the victim must be able to use the tracking number by inputting the tracking number into an online system to determine the current location and laboratory analysis status of the victim's sexual assault evidence collection kit.
- (d) The Tennessee bureau of investigation shall create a written pamphlet explaining how to access and use the tracking system. The law enforcement agency described in subsection (c) must provide the pamphlet to the victim with the tracking number.
- (e) Records and information contained in the tracking system pursuant to this section are confidential and not a public record.
History (1)
- Acts 2021, ch. 362, § 10.
§ 38-6-129. Creation of course regarding the prosecution of crimes committed against children — Course requirements. - (a) The Tennessee bureau of investigation, the Tennessee district attorneys general conference, and other relevant parties at the request of the district attorneys general conference shall work in conjunction to implement a course or courses of instruction, composed of live instruction, telecommunication, video, or other medium, or any combination of methods, for the annual training of assistant district attorneys general and other staff members in the prosecution of crimes committed against children.
- (b) The course or courses of instruction must emphasize:
- (1) The dynamics of investigating crimes committed against children;
- (2) Appropriate investigative and communication techniques for crimes committed against children; and
- (3) Protection of victims.
§ 38-6-130. Reporting on child and human trafficking crimes. - By December 1, 2023, and by each December 1 thereafter, the Tennessee bureau of investigation shall submit a report on child and human trafficking crimes and trends in this state, based upon data available to the Tennessee bureau of investigation, as well as current programs and activities of the Tennessee bureau of investigation's human trafficking unit, to the governor, the speaker of the house of representatives, and the speaker of the senate.
History (1)
- Acts 2023 (1st Ex. Sess.), ch. 3, § 1.
§ 38-6-131. The District Attorney General Second Opinion Act. - (a) In any investigation involving a human trafficking offense, as defined in § 39-13- 314, an organized crime offense, under title 39, chapter 12, part 2, or an offense classified as a Class A or Class B felony, in which a district attorney general declines prosecution, an investigating state or local law enforcement agency may report and submit evidence of the offense to the district attorney general for another judicial district, in which jurisdiction and venue over the offense are proper, according to law and consistent with Rule 18 of the Tennessee Rules of Criminal Procedure, for consideration and action.
- (b) This section does not affect, impair, or limit the sole, exclusive, and absolute discretion of a district attorney general in the performance of duties and responsibilities, or in the allocation of any investigatory, prosecutorial, administrative, staffing, and fiscal resources available to the district attorney general pursuant to § 8-7-103.
§ 38-6-132. Establishment of elder financial exploitation reporting mechanism — Investigation of reports. - (a) By no later than October 1, 2024, the Tennessee bureau of investigation shall create an elder financial exploitation reporting mechanism that accepts reports from financial institutions as described in § 45-2-1204(b).
- (b) Upon receiving a report of suspected elder financial exploitation, the bureau shall coordinate with the district attorney general in the appropriate judicial district and, when appropriate, with other law enforcement agencies and adult protective services for additional investigation of the reported exploitation. The bureau may share appropriate information with the district attorney general, other law enforcement agencies, and adult protective services to aid in the investigation of the reported exploitation.
Part 2 Narcotics Investigation Division § 38-6-201. Creation. - There is created the narcotics investigation division within the Tennessee bureau of investigation.
History (1)
- Acts 1998, ch. 1069, § 4.
§ 38-6-202. Mission. - (a) The mission of the narcotics investigation division shall be to investigate, gather evidence and assist in the prosecution of criminal offenses involving controlled substances, controlled substance analogues, narcotics, and other drugs.
- (b) The narcotics investigation division shall have original jurisdiction over the investigation of all drugs.
History (2)
- Acts 1998, ch. 1069, § 4
- 2012, ch. 848, § 11.
§ 38-6-204. Assistant director. - (a) An assistant director shall be appointed by the director to administer the narcotics investigation division.
- (b) The assistant director shall be a person of experience and ability in the investigation or prosecution of criminal offenses involving controlled substances, narcotics and other drugs.
- (c) The assistant director, acting for and in consultation with the director, shall apply for all federal or state funds or grants that may be available for the purposes for which the narcotics investigation division was created.
History (1)
- Acts 1998, ch. 1069, § 4.
§ 38-6-205. Members of division — Qualifications — Drug Tests — Reassignment. - (a) The narcotics investigation division shall consist of those agents transferred into the new division according to § 38-6-203 [deleted as obsolete], and an additional sixteen (16) agents. The division shall also include four (4) special agents in charge, two (2) secretaries, and one (1) executive secretary. The director, with the approval of the governor, may increase the number of persons employed in the narcotics investigation division, to any number as may be found feasible and necessary.
- (b) The assistant director and agents appointed shall be citizens of the United States and the state of Tennessee, and of good moral character. The agents and assistant director are required to satisfactorily complete a course of study at a United States department of justice federal drug enforcement agency operated school. If the federal drug enforcement agency ceases to operate these schools, the agents and assistant director shall satisfactorily complete a course of study, that includes current national drug trends and investigations, selected and approved by the TBI.
- (c) The narcotics investigation division may enter into agreements with bureaus, departments, or judicial drug task forces within the state of Tennessee or of other states or of the United States for the exchange or temporary assignment of agents for special undercover assignments and for performance of specific duties. The assistant director, at the direction of the director of the Tennessee bureau of investigation, is authorized to assign agents of the bureau to that duty and to request and accept agents from the other bureaus or departments for that duty.
- (d) At any time during the employment with the narcotics investigation division, the assistant director, at the direction of the director of the Tennessee bureau of investigation, may request an agent, employee, or other person working with the division, to submit to a mandatory drug test. Refusal to submit to take such drug test shall be grounds for dismissal.
- (e) All such agents shall be assigned to the narcotics investigation division; provided, that the director may, when necessary, temporarily reassign such agents to perform other duties within the bureau.
History (2)
- Acts 1998, ch. 1069, § 4
- 2016, ch. 592, § 1.
§ 38-6-206. Cooperation with other departments. - The narcotics investigation division of the Tennessee bureau of investigation shall have the full cooperation and cooperate fully with the state board of pharmacy, the state board of medical examiners, the department of health, the department of revenue, the department of safety, judicial drug task forces, the district and county attorneys, and the office of the attorney general and reporter, and all local law enforcement agencies.
History (1)
- Acts 1998, ch. 1069, § 4.
§ 38-6-207. Presentation of written report to the general assembly. - The director of the Tennessee bureau of investigation and the assistant director of the narcotics investigation division shall present a written report each year to the criminal justice committee of the house of representatives and the judiciary committee of the senate. The report shall include, but shall not be limited to, the number of investigations currently under way by the division, investigations that resulted in arrests during the previous year, the number of such arrests that resulted in convictions, the class of felony or misdemeanor convictions resulting from such arrests, and the schedule of drug or drugs involved in such arrests and convictions. The report shall also include information regarding the levels of cooperation encountered among the various agencies, internally and otherwise, and other related information regarding the activities of the narcotics investigation division. The purpose of the report shall be to inform the general assembly as to the effectiveness and needs of the division. The above information shall be reported by race or ethnicity where available.
History (4)
- Acts 1998, ch. 1069, § 4
- 2013, ch. 236, § 39
- 2019, ch. 345, § 51
- 2021, ch. 64, § 42.
Chapter 7 Post-Mortem Examinations Part 1 Post-Mortem Examination Act § 38-7-101. Short title. - This part shall be known and may be cited as the “Post-Mortem Examination Act.”
History (2)
- Acts 1961, ch. 174, § 1
- T.C.A., § 38-701.
§ 38-7-102. Post-mortem examination division. - The department of health is authorized and empowered to create and maintain a post-mortem examination division or service. The division or service shall have as its functions the investigation of certain deaths as defined in this part, and the keeping of full and complete records of all reports on investigations and examinations made pursuant to this part. The commissioner of health, acting for the state and with the approval of the governor and considering the recommendation made by the Tennessee medical examiner advisory council, shall appoint a chief medical examiner to direct the division or service, and such other personnel as the commissioner may find appropriate to the enforcement of the duties and powers of this part. The commissioner is authorized and empowered to spend such funds as may be appropriated for the enforcement of this part, and to promulgate rules through the department of health to establish fees for autopsies, guidelines for death investigations and forensic autopsies, and other costs and services associated with this part.
History (4)
- Acts 1961, ch. 174, § 2
- 1980, ch. 810, § 2
- T.C.A., § 38-702
- Acts 2008, ch. 969, § 1.
§ 38-7-103. Chief medical examiner — Deputies and assistants — Duties and authority. - (a) The chief medical examiner shall be a physician with an unlimited license to practice medicine and surgery in the state of Tennessee, or who is qualified and eligible for such license, and shall be required to obtain a license within the six-month period after employment. The chief medical examiner shall be a pathologist who is certified by the American Board of Pathology and who holds a certificate of competency in forensic pathology. In addition to the chief medical examiner's other administrative duties, the chief medical examiner's educational duties shall include developing and providing initial training and regular continuing education to all county medical examiners and medical investigators. The chief medical examiner shall be appointed to a five-year term, and may serve unlimited consecutive terms.
- (b) The Tennessee medical examiner advisory council shall recommend to the chief medical examiner three (3) deputy state medical examiners, one (1) from each grand division of the state. The chief medical examiner, in consultation with the advisory council and with the approval of the commissioner of health, shall appoint the three (3) deputy state medical examiners and any assistant state medical examiners needed for regional administrative, professional and technical duties. The deputy medical examiners shall be based in one (1) of the state forensic centers. These state medical examiners shall have the same qualifications as the chief medical examiner. In addition to their other administrative, professional and technical duties, the deputy and assistant state medical examiners may lecture to medical and law school classes and conduct such special classes for county medical examiners and law enforcement officers and other investigators.
- (c) The chief medical examiner shall have investigative authority for certain types of death that are in the interests of the state, including mass fatality incidents, for the identification, examination and disposition of victims' remains, and instances that represent a threat to the public health or safety, or both.
History (4)
- Acts 1961, ch. 174, § 3
- T.C.A., § 38-703
- Acts 1994, ch. 775, §§ 1, 2
- 2008, ch. 969, §§ 2-4.
§ 38-7-104. County medical examiner. - (a) A county medical examiner shall be appointed by the county mayor, subject to confirmation by the county legislative body, based on a recommendation from a convention of physicians resident in the county. A county medical examiner shall be a physician who is either a graduate of an accredited medical school authorized to confer upon graduates the degree of doctor of medicine (M.D.) and who is duly licensed in Tennessee, or is a graduate of a recognized osteopathic college authorized to confer the degree of doctor of osteopathy (D.O.) and who is licensed to practice osteopathic medicine in Tennessee, and shall be elected from a list of a maximum of two (2) doctors of medicine or osteopathy nominated by convention of the physicians, medical or osteopathic, resident in the county, the convention to be called for this purpose by the county mayor.
- (b) If it is not possible to obtain an acceptance as a county medical examiner from a physician in a county, authority is given for the election of a county medical examiner from an adjacent or another county. A county medical examiner, when temporarily unable to perform the duties of the office, shall have the authority to deputize any other physician in the area to act as county medical examiner during the absence. If the county legislative body fails to certify a county medical examiner for a county or if the county medical examiner resigns or is unable to fulfill the duties of the office during the interim between county legislative body sessions and a deputy has not been appointed by the county medical examiner, the chief medical examiner shall have the authority to appoint a county medical examiner to serve until the next session of the county legislative body.
- (c) A county medical examiner shall serve a five-year term, and shall be eligible for reappointment by the county mayor with confirmation by the county legislative body.
- (d) Whenever any county medical examiner shall be called as a witness in any proceedings before the grand jury or in any criminal case, the county medical examiner shall receive from the county as compensation for services as witness a fee as shall be determined by the court before which the proceedings are conducted, unless the fees are paid under provisions of § 38-7-111 [repealed].
- (e) The county medical examiner may be suspended by the county mayor for good cause, which shall include, but not be limited to, malfeasance in the performance of the duties of a county medical examiner, criminal conduct, or behavior that is unethical in nature or that is in violation of a relevant code of professional medical responsibility. The suspension shall be for a period of ninety (90) days. At the end of the ninety (90) day period, the suspension shall terminate, unless the county mayor has recommended to the county legislative body in writing that they remove the county medical examiner from office. If the county mayor recommends removal of the county medical examiner, then the county legislative body shall vote on whether to remove the county medical examiner from office within ninety (90) days of the date of the written recommendation. A majority vote shall be required in order to remove the county medical examiner from office. If a majority of the county legislative body does not vote for removal of the county medical examiner from office, then the suspension of the county medical examiner shall terminate immediately.
- (f)
- (1) A medical investigator shall be a licensed emergency medical technician (EMT), paramedic, registered nurse, physician's assistant or a person registered by or a diplomat of the American Board of Medicolegal Death Investigators and approved by the county medical examiner as qualified to serve as medical investigator.
- (2) If the county has an elected coroner, the coroner shall serve as the medical investigator for the county; provided, that such coroner meets the qualifications for a medical investigator set out in subdivision (f)(1). If the coroner is not qualified to serve as medical investigator, then the county legislative body shall, by resolution, either authorize the county medical examiner to appoint a medical investigator subject to confirmation by the county legislative body, or provide for this function through a contract for service approved by the county medical examiner and the county legislative body; provided, however, that, if the county has an elected coroner who has served in that capacity for ten (10) years or more, such coroner shall serve as the medical investigator for the county, regardless of whether the coroner meets the qualifications set out in subdivision (f)(1).
- (3) The county medical investigator may conduct investigations when a death is reported, as provided in § 38-7-108, under the supervision of the county medical examiner. The county medical investigator may make pronouncements of death and may recommend to the county medical examiner that an autopsy be ordered. However, the county medical investigator shall not be empowered to sign a death certificate. The county medical examiner may delegate to the county medical investigator the authority to order an autopsy.
- (g) County medical examiners and medical investigators shall be required to receive initial training and regular continuing education through the chief medical examiner and to operate according to the death investigation guidelines adopted by the department of health.
History (13)
- Acts 1961, ch. 174, § 4
- 1967, ch. 399, § 1
- 1969, ch. 21, § 1
- 1971, ch. 246, § 1
- 1977, ch. 141, § 1
- impl. am. Acts 1978, ch. 934, §§ 7, 36
- T.C.A., § 38-704
- Acts 1983, ch. 12, § 1
- 1994, ch. 775, § 3
- 2003, ch. 90, § 2
- 2004, ch. 651, §§ 1, 2
- 2005, ch. 472, § 1
- 2008, ch. 969, §§ 5-10.
§ 38-7-105. Facility for performance of autopsies. - (a) Except as provided in subsection (b), all autopsies must be performed at a facility accredited by the National Association of Medical Examiners (NAME). An accredited facility must maintain accreditation and operate pursuant to NAME guidelines.
- (b) Autopsies may be performed at a non-accredited facility if:
- (1) The facility receives provisional accreditation from NAME within two (2) years of beginning operations;
- (2) The facility receives full accreditation from NAME within three (3) years of beginning operations; and
- (3) The facility operates pursuant to NAME guidelines.
History (12)
- Acts 1961, ch. 174, § 5
- 1967, ch. 399, § 2
- 1968, ch. 626, § 1
- impl. am. Acts 1978, ch. 934, §§ 7, 16, 36
- T.C.A., § 38-705
- Acts 1994, ch. 775, § 4
- 1995, ch. 258, § 1
- 2008, ch. 969, § 11
- 2009, ch. 392, § 1
- 2012, ch. 671, § 1
- 2013, ch. 67, § 1
- 2018, ch. 572, § 1.
§ 38-7-106. When autopsies authorized — Notice to next of kin — Donor eyes and eye tissues. - (a) A county medical examiner may perform or order an autopsy on the body of any person in a case involving a homicide, suspected homicide, a suicide, a violent, unnatural or suspicious death, an unexpected apparent natural death in an adult, sudden unexpected infant and child deaths, deaths believed to represent a threat to public health or safety, and executed prisoners. When the county medical examiner decides to order an autopsy, the county medical examiner shall notify the district attorney general and the chief medical examiner. The chief medical examiner or the district attorney general may order an autopsy in such cases on the body of a person in the absence of the county medical examiner or if the county medical examiner has not ordered an autopsy. The district attorney general may order an autopsy in such cases on the body of a person in the absence of the county medical examiner or the failure of the county medical examiner to act. The authority ordering the autopsy shall notify the next of kin about the impending autopsy if the next of kin is known or reasonably ascertainable. The sheriff or other law enforcement agency of the jurisdiction shall serve process containing such notice and return such process within twenty-four (24) hours.
- (b) Notwithstanding subsection (a), if a request is received from an authorized official of a not-for-profit corporation chartered under the laws of the state, or authorized to do business in the state and certified by the Eye Bank Association of America to obtain, store and distribute donor eyes and eye tissues to be used for corneal transplants, for research and for other medical purposes, the county medical examiner may permit, at any time, the removal of the cornea or corneal tissue from the body of a deceased person in accordance with title 68, chapter 30, part 1.
History (8)
- Acts 1961, ch. 174, § 6
- T.C.A., § 38-706
- Acts 1984, ch. 917, § 1
- 1991, ch. 356, § 1
- 1994, ch. 775, § 5
- 1995, ch. 258, § 2
- 2007, ch. 428, § 2
- 2008, ch. 969, § 12.
§ 38-7-107. Disinterment to perform autopsy. - (a)
- (1) When a person's death occurs under any of the circumstances set out in this part, any of the following persons may request the district attorney general in the district where the body is buried or interred to petition the appropriate circuit or criminal court judge in the district where a body is buried or interred to order a body disinterred:
- (A) A state or county medical examiner;
- (B) The district attorney general of the district in which it is claimed the death occurred;
- (C) The district attorney general of the district in which an act causing the death occurred; or
- (D) The district attorney general of the district in which the body is buried or interred, in the general's own discretion.
- (2) The grounds for disinterment under this subsection (a) are:
- (A) The person's death occurred under one (1) of the circumstances set out in this part;
- (B) The person was buried or interred before an autopsy could be performed; or
- (C) The disinterment will substantially assist in the collection of evidence for a pending criminal investigation, regardless of whether an autopsy was previously performed, or DNA, scientific, or forensic evidence was collected.
- (3) The petition shall specify whether the district attorney general is requesting disinterment for the performance of an autopsy, to collect scientific or forensic evidence, to collect a DNA specimen from the deceased, or any combination of the three (3).
- (4) The petition shall set forth the district attorney general's belief that the death in question is subject to post-mortem examination or autopsy as provided by this part and the reasons that support the district attorney general's belief as to the circumstances of the death. When known or reasonably ascertainable, a copy of the petition shall be served upon the next of kin of the deceased.
- (5) The petition may be presented during a term of court or in vacation and in:
- (A) The county in which it is claimed that the death occurred;
- (B) The county in which the act causing the death occurred; or
- (C) Any other county of a judicial district in which circumstances leading to the death were likely to have occurred.
- (6) The judge hearing a petition under this subsection (a) shall have the power and authority to rule upon the petition in any county in which the judge has jurisdiction.
- (b) Upon the presentation of the petition to the judge, the judge shall be authorized to consider the petition and in the exercise of sound judicial discretion, either make or deny an order authorizing the disinterment and an autopsy to be performed upon the body of the deceased. The cost of disinterment and autopsy shall be paid by the state as provided in § 38-1-104.
History (7)
- Acts 1961, ch. 174, § 6
- 1965, ch. 136, § 1
- 1967, ch. 399, § 3
- 1973, ch. 195, § 2
- T.C.A., § 38-707
- Acts 1994, ch. 775, § 6
- 2016, ch. 799, § 1.
§ 38-7-108. Death under suspicious, unusual or unnatural circumstances. - (a) Any physician, undertaker, law enforcement officer, or other person having knowledge of the death of any person from violence or trauma of any type, suddenly when in apparent health, sudden unexpected death of infants and children, deaths of prisoners or persons in state custody, deaths on the job or related to employment, deaths believed to represent a threat to public health, deaths where neglect or abuse of extended care residents are suspected or confirmed, deaths where the identity of the person is unknown or unclear, deaths in any suspicious/unusual/unnatural manner, found dead, or where the body is to be cremated, shall immediately notify the county medical examiner or the district attorney general, the local police or the county sheriff, who in turn shall notify the county medical examiner. The notification shall be directed to the county medical examiner in the county in which the death occurred.
- (b) Whenever a death occurs under the circumstances as set forth in this part, the body shall not be removed from its position or location without authorization by the county medical examiner, except to preserve the body from loss or destruction or to maintain the flow of traffic on a highway, railroad, or airport. No body subject to post-mortem examination as provided by this part shall be embalmed without authorization by the county medical examiner.
- (c)
- (1) If a body is subject to post-mortem examination under this part, this part shall be suspended to the extent necessary for the preservation of any body or part of the body, as defined in § 68-30-102, where an anatomical gift of the body or part of the body has been made in accordance with the Uniform Anatomical Gift Act, compiled in title 68, chapter 30, part 1.
- (2) Any physician, surgeon, undertaker, law enforcement officer, hospital, hospital personnel, or other person who acts in good faith in compliance with this subsection (c) for the purposes established shall be immune from civil or criminal liability for removing, transplanting, or otherwise preserving such body or part of a body.
- (3) This subsection (c) shall govern and supersede any conflicting provisions of law.
- (4) The chief medical examiner of the state and the organ procurement agencies serving the state shall develop a protocol for those instances in which this subsection (c) is applicable. The protocol shall be filed with the department of health and shall be reviewed and updated as necessary.
History (7)
- Acts 1961, ch. 174, § 7
- 1967, ch. 399, § 4
- T.C.A., § 38-708
- Acts 1983, ch. 84, § 3
- 1986, ch. 712, § 1
- 2006, ch. 838, § 1
- 2008, ch. 969, § 13.
§ 38-7-109. Investigation by county medical examiner. - (a) When a death is reported as provided in § 38-7-108, it is the duty of the county medical examiner in the county in which the death occurred to immediately make an investigation of the circumstances of the death. The county medical examiner shall record and store the findings, and transmit copies according to the death investigation guidelines developed by the Tennessee medical examiner advisory council. In any event the county medical examiner is authorized to remove from the body of the deceased a specimen of blood or other body fluids, or bullets or other foreign objects, and to retain such for testing and/or evidence if in the county medical examiner's judgment these procedures are justified in order to complete the county medical examiner's investigation or autopsy.
- (b) When an autopsy is ordered by the district attorney general, the county medical examiner shall notify the chief medical examiner and the county medical examiner may perform the autopsy or shall designate and authorize a pathologist to perform the autopsy as provided in § 38-7-105.
History (8)
- Acts 1961, ch. 174, § 8
- 1965, ch. 320, §§ 1, 2
- 1967, ch. 399, § 5
- T.C.A., § 38-709
- Acts 1994, ch. 775, § 7
- 1995, ch. 258, § 3
- 2004, ch. 595, § 1
- 2008, ch. 969, §§ 14-16.
§ 38-7-110. Records received as evidence — Person preparing report may be subpoenaed as witness — Reports as public documents — Release of reports. - (a) The records of the division of post mortem examination, the county medical examiner, or transcripts of the records certified to by the chief medical examiner or the deputy medical examiner or the duly appointed representative of the chief medical examiner, and the reports of the toxicology laboratory examinations performed by the testing laboratory or transcripts of the reports certified to by the director of the testing laboratory or the director's duly appointed representative, shall be received as competent evidence in any court of this state of the facts and matters contained in the records or reports.
- (b) The records referred to in this section shall be limited to the records of the results of investigation, of post mortem examinations, of the findings of autopsies and toxicological laboratory examinations, including certified reports of the toxicological laboratory examinations performed by the testing laboratory, and shall not include statements made by witnesses or other persons; provided, however, that persons who prepare reports or records given in evidence pursuant to this section shall be subpoenaed as witnesses, in either civil or criminal cases, upon demand by either party to the cause, or, when unable to appear as witnesses, shall submit a deposition upon demand by either party to the cause.
- (c)
- (1) Except as provided in this subsection (c) and subsection (d), the reports of the county medical examiners, toxicological reports, and autopsy reports are public documents.
- (2)
- (A) The reports of county medical examiners and autopsy reports of minors whose manner of death is listed as a homicide are not public documents.
- (B) The report of a county medical examiner or autopsy report of a minor whose manner of death is listed as a homicide may be released or inspected, as applicable, if:
- (i) The minor's parent or legal guardian is not a suspect in the circumstances of the minor's death, and the parent or legal guardian consents to the release;
- (ii) A court orders the release of the report upon a showing of good cause;
- (iii) Another state or federal law requires such release; or
- (iv) Notwithstanding § 10-7-506(a), the reports are only available for in-person inspection and no photographs, photocopies, or electronic images are taken of the reports.
- (3) Medical records of deceased persons, law enforcement investigative reports, and photographs, video, and other images of deceased persons are not public records.
- (d)
- (1) Upon written petition by the district attorney general, supported by affidavit or testimony under oath from a law enforcement officer that the release of portions of a report of a county medical examiner, toxicological report or autopsy report may seriously impede or impair the investigation of a homicide or felony, a court of record may order that those portions shall not be subject to disclosure as a public document and shall remain confidential. The court shall cause a record to be kept of any testimony given in support of the petition, which record and all related documentation shall be sealed by the court and open to inspection only by a court reviewing the proceedings.
- (2) The court shall order to be held as confidential only those portions of the records the release of which would impede or impair any such investigation. The court may order public disclosure of any record that has previously been protected from disclosure, upon written application of the district attorney general; provided, that the court shall order that the records shall be open to public inspection upon the indictment and arrest of all suspects in the underlying homicide or felony, or upon the closure of the investigation into the underlying homicide or felony. Upon any such closure of the investigation, the law enforcement agency shall immediately inform the district attorney general, who shall, in turn, promptly notify the court of the altered status of the investigation.
- (3) Any person aggrieved by an order directing that any portion of a report of a county medical examiner, toxicological report or autopsy report shall remain confidential and not open for public inspection may petition the court having entered the order to set aside or modify the order. A copy of any such petition shall be served on the district attorney general. The court may order disclosure of the records previously sealed, upon the showing of a compelling reason for the disclosure. In any order granting a petitioner access to any such records, the court may make provisions as it deems necessary in the order limiting further disclosure of the records.
- (4) Nothing in this subsection (d) shall be construed as limiting the right of any defendant in any criminal proceeding to obtain discovery of any report of a county medical examiner, toxicological report or autopsy report as provided in Rule 16 of the Tennessee Rules of Criminal Procedure.
- (e)
- (1) If it is necessary to prepare a post-mortem examination report, then an authorized post-mortem official may obtain, in the manner prescribed in § 38-7-117, a needed medical, mental health or hospital record pertaining to a case under investigation pursuant to § 38-7-106.
- (2) As used in this subsection (e), “authorized post-mortem official” means:
- (A) The chief medical examiner;
- (B) A county medical examiner;
- (C) A medical investigator;
- (D) A coroner;
- (E) A deputy or assistant state medical examiner or forensic pathologist under the control or direction of the chief medical examiner; or
- (F) A deputy or assistant county medical examiner or forensic pathologist under the control or direction of a county medical examiner.
History (11)
- Acts 1961, ch. 174, § 9
- 1967, ch. 399, § 6
- 1971, ch. 209, § 1
- 1974, ch. 495, § 1
- 1980, ch. 810, § 3
- T.C.A., § 38-710
- Acts 1994, ch. 775, § 8
- 2000, ch. 766, §§ 1-3
- 2008, ch. 969, §§ 17, 18
- 2014, ch. 944, § 1
- 2024, ch. 906, § 1.
§ 38-7-117. Subpoena of medical and hospital records. - (a) An authorized post-mortem official acting under the control or direction of the chief medical examiner or a county medical examiner or performing an investigation pursuant to a court order or an order of a district attorney general is authorized to obtain, upon written request, or may subpoena through the appropriate district attorney general, all medical or hospital records maintained by individuals licensed under title 63 or by facilities licensed under title 68 that pertain to a case under investigation.
- (b) An authorized post-mortem official acting under the control or direction of the chief medical examiner or a county medical examiner or performing an investigation pursuant to a court order or an order of a district attorney general is authorized, through the appropriate district attorney general, to obtain, by judicial subpoena or through a court order in accordance with § 33-3-105, all records maintained by facilities licensed under title 33 that pertain to a case under investigation.
- (c) As used in this section:
- (1) “Authorized post-mortem official” means:
- (A) The chief medical examiner;
- (B) A county medical examiner;
- (C) A medical investigator;
- (D) A coroner;
- (E) A deputy or assistant state medical examiner or forensic pathologist under the control or direction of the chief medical examiner; or
- (F) A deputy or assistant county medical examiner or forensic pathologist under the control or direction of a county medical examiner; and
- (2) “Case under investigation” means any time during which an authorized post-mortem official conducts an investigation into a case of death.
History (2)
- Acts 1994, ch. 775, § 15
- 2014, ch. 944, § 2.
§ 38-7-119. Unauthorized video or audio recordings of autopsies. - (a)
- (1) Except as provided in subsection (c), it is an offense for the chief medical examiner, a county medical examiner, or pathologist designated pursuant to § 38-7-105, or any agent or employee of the chief medical examiner, a county medical examiner, or pathologist, to contract with or grant authorization to an unauthorized person or an external entity to photograph, videotape, or otherwise capture visual images, or audio recordings in whatever form of a deceased human body, a human autopsy or a body immediately prior to, during or immediately following an autopsy.
- (2) No person shall distribute, publish or otherwise disseminate any autopsy photographs, videotape or other visual image or any autopsy audio recording without the written consent of the next of kin or personal representative in the order established pursuant to subdivision (c)(1)(A), unless such use is consistent with subdivision (c)(1)(B), (c)(1)(C) or (c)(1)(D).
- (b) Nothing in this section shall prevent the chief medical examiner, a county medical examiner, or pathologist designated pursuant to § 38-7-105, or any agent or employee of the chief medical examiner, county medical examiner, or pathologist, from carrying out training efforts or such person's statutory responsibilities.
- (c)
- (1) A person is not considered “unauthorized” for purposes of subsection (a) if such person photographs, videotapes, or otherwise captures visual images, or audio recordings in whatever form of a deceased human body, human autopsy or a body immediately prior to, during or immediately following such an autopsy, if it is done with the express written consent or at the direction of:
- (A) The next-of-kin or personal representative of the deceased in the following order of priority:
- (i) Spouse;
- (ii) Any adult child;
- (iii) Parents;
- (iv) Any sibling; or
- (v) Administrator or executor, if appointed;
- (B) A law enforcement agency or district attorney general, for official use only;
- (C) A court order or subpoena; or
- (D) An attorney representing a defendant in a criminal case where the original photographs, images or records of the chief medical examiner, a county medical examiner, coroner or pathologist designated pursuant to § 38-7-105 are not available through discovery or are otherwise not sufficient for the defense of such defendant.
- (2) In determining whether the next-of-kin of the deceased is authorized to give consent, the chief medical examiner, county medical examiner, or pathologist designated pursuant to § 38-7-105 shall refer to the priority order in subdivision (c)(1)(A). If a next-of-kin higher on the priority lists consents, the lack of consent of any next-of-kin lower on the list is irrelevant. If a next-of-kin higher on the priority list refuses to give consent, consent by a next-of-kin lower on the list is also irrelevant.
- (d) A chief medical examiner, a county medical examiner, or pathologist designated pursuant to § 38-7-105, or any agent or employee of a chief medical examiner, a county medical examiner, or pathologist, shall incur no criminal or civil liability for permitting a person to photograph, videotape, or otherwise capture visual images, or audio recordings in whatever form of a deceased human body or a human autopsy or a body immediately prior to, during or immediately following an autopsy as a result of the consent to such conduct given by the next-of-kin, if such official is presented with the written consent of a next-of-kin of the deceased who is higher on the priority list set out in subdivision (c)(1)(A) than any next-of-kin who does not consent.
- (e) To the extent that the chief medical examiner, a county medical examiner, or pathologist designated pursuant to § 38-7-105, or any agent or employee of the chief medical examiner, county medical examiner, or pathologist, is a covered entity under the privacy regulations promulgated pursuant to the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), nothing in this section shall be construed to preempt any provisions of those regulations that provide greater protection of the deceased's privacy than does this section.
- (f)
- (1) A violation of subdivision (a)(1) is a Class A misdemeanor punishable by fine only.
- (2) A violation of subdivision (a)(1) is a Class A misdemeanor punishable by fine or imprisonment if the chief medical examiner, a county medical examiner, coroner or pathologist, or an agent or employee of the chief medical examiner, a county medical examiner, coroner or pathologist, receives compensation or other thing of value as an inducement to violate this section.
- (3) A violation of subdivision (a)(2) is a Class A misdemeanor.
History (2)
- Acts 2005, ch. 216, § 1
- 2009, ch. 276, §§ 1, 2.
Part 2 Tennessee Medical Examiner Advisory Council § 38-7-201. Tennessee medical examiner advisory council — Creation — Members. - (a)
- (1) There is created the Tennessee medical examiner advisory council, referred to in this section as the “council.”
- (2)
- (A) The council shall consist of seventeen (17) members, each of whom shall be a resident of this state. The membership of the council consists of:
- (i) Three (3) permanent ex officio voting members, consisting of:
- (a) The director of the Tennessee bureau of investigation, or the director's designee;
- (b) The speaker of the senate, or the speaker's designee; and
- (c) The speaker of the house of representatives, or the speaker's designee;
- (ii) The following members appointed by the governor:
- (a) One (1) forensic pathologist from each of the five (5) regional forensic centers;
- (b) One (1) district attorney general;
- (c) One (1) district public defender;
- (d) Three (3) county medical examiners, one (1) from each grand division of Tennessee;
- (e) One (1) administrator from a non-hospital affiliated regional forensic center;
- (f) One (1) licensed funeral director; and
- (g) One (1) county mayor; and
- (iii) The state chief medical examiner who shall serve as an ex officio voting member of the council.
- (B) All regular appointments to the council shall be for terms of three (3) years with a maximum of two (2) consecutive terms. Each member shall serve until a successor is appointed. Vacancies shall be filled by appointment of the governor for the remainder of an unexpired term.
- (b) Each member of the council shall receive reimbursement for travel expenses in accordance with the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter.
- (c) If an appointed administrator of the council is absent from more than half of the meetings scheduled in any calendar year without good cause, then a vacancy is created. The vacancy shall be filled by the governor.
- (d) The council shall organize annually and shall meet to organize at the call of the prior year's chair. The council shall select the chair of the council. Meetings shall be held at least quarterly with additional meetings as frequently as may be required.
- (e) Meetings of the council shall permit members to electronically participate in the meetings.
- (f) The council shall have the power and duty to:
- (1) Review candidates and make a recommendation to the commissioner of health on the appointment of the chief medical examiner and deputy state medical examiners;
- (2) Assist the chief medical examiner in the development and updating of guidelines for death investigations and forensic autopsies in this state, to be promulgated as rules through the department of health;
- (3) Submit an annual report on the standards and guidelines of the medical examiners system to the chairs of the health committee of the house of representatives and the health and welfare committee of the senate;
- (4) Periodically review standards and guidelines promulgated by the department of health for the medical examiner system; and
- (5) Provide reports and recommendations to the commissioner on causes of death which may need public health intervention, funding issues, information technology needs, and any other issues as the council sees fit.
History (4)
- Acts 2008, ch. 969, § 23
- 2017, ch. 444, § 3
- 2018, ch. 571, § 1
- 2019, ch. 353, §§ 1, 2.
Chapter 8 Employment and Training of Police Officers Part 1 General Provisions § 38-8-101. Part definitions. - As used in this part, unless the context otherwise requires:
- (1) “Campus police officer” means a person commissioned by an employing institution and rendered an oath to provide police services, enforce law, exercise arrest authority and carry firearms in accordance with § 49-7-118;
- (2) “Choke hold” means an intentional use of pressure or constriction to the neck, throat, or windpipe intended to inhibit breathing;
- (3) “Full-time police officer” means any person employed by any municipality or political subdivision of the state of Tennessee whose primary responsibility is the prevention and detection of crime, and the apprehension of offenders, and whose primary source of income is derived from employment as a police officer;
- (4) “Part-time police officer,” “temporary police officer,” “reserve police officer,” or “auxiliary police officer” means any person employed by any municipality or any political subdivision of the state of Tennessee whose primary responsibility is to support the full-time police officer in the prevention and detection of crime, apprehension of offenders, and assisting in the prosecution of offenders for appropriate remuneration in measure with specifically assigned duties or job description. Part-time police officers shall work not more than twenty (20) hours per week, for a total of not more than one hundred (100) hours per month. Any police officer who works in excess of the maximum hours as specified in this subdivision (3) shall be reclassified to a full-time status and must meet all requirements for standards and training as mandated under the law and peace officer standards and training commission rules. In any situation where an officer is temporarily assigned, for a period of one (1) month or less, to work more than twenty (20) hours per week, for a total of not more than one hundred (100) hours per month, the officer shall not be reclassified to a full-time status;
- (5) “Private special deputy” means a person who is employed and compensated by a resort area owner or management company to act as security and law enforcement for the resort area and whose qualifications and training requirements are equivalent to or superior to those required for a law enforcement officer under the standards established by the peace officer standards and training commission for law enforcement officers;
- (6) “Public safety officer” means a person who, in addition to being a commissioned campus police officer under § 49-7-118(i)(1), performs other significant duties such as certified firefighter, medical first responder or other tasks associated with homeland security based on the needs of a particular institution; and
- (7)
- (A) “Special deputy” means any person who is assigned specific police functions as to the prevention and detection of crime and general laws of this state on a volunteer basis, whether working alone or with other police officers;
- (B) Any police officer working on a volunteer basis shall receive no pay or benefits, except for honorariums, and may be utilized for an unlimited number of hours.
History (10)
- Acts 1981, ch. 455, § 3
- T.C.A., § 38-11-101
- Acts 1983, ch. 270, § 1
- 1988, ch. 968, § 1
- 1989, ch. 138, § 1
- 1990, ch. 1094, § 1
- 1993, ch. 374, § 1
- 2006, ch. 862, § 1
- 2009, ch. 190, § 1
- 2021, ch. 489, § 2.
§ 38-8-102. Tennessee peace officer standards and training commission — Creation and composition. - (a) There is established the Tennessee peace officer standards and training commission, referred to in this part as the “commission.”
- (b)
- (1) The commission shall consist of:
- (A) The attorney general and reporter, or the attorney general and reporter's designee;
- (B) One (1) police officer below the rank of assistant chief, or equivalent rank, who shall be appointed by the governor for a term of four (4) years;
- (C) Two (2) sheriffs and two (2) municipal chiefs of police, who shall be appointed by the governor and serve at the governor's pleasure;
- (D) One (1) nonsupervisory police officer, who shall be appointed by the governor for a term of four (4) years;
- (E) One (1) member of the senate and one (1) member of the house of representatives, who shall be appointed by the respective speakers and who shall be voting members of the commission, to serve for a term of two (2) years;
- (F)
- (i) Two (2) citizens who are not connected with law enforcement, who shall be appointed by the respective speakers and be subject to the confirmation requirements of subdivision (b)(1)(F)(ii), to each serve for a term of two (2) years;
- (ii)
- (a) Except as otherwise provided in this subdivision (b)(1)(F)(ii):
- (1) One (1) citizen member appointed under subdivision (b)(1)(F)(i) shall be confirmed by a resolution of the house of representatives prior to beginning a term of office; and
- (2) One (1) citizen member appointed under subdivision (b)(1)(F)(i) shall be confirmed by a resolution of the senate prior to beginning a term of office;
- (b) If the general assembly is not in session at the time a citizen member is appointed to fill a vacancy, the new appointee shall serve for the term appointed unless such appointment is not confirmed within ninety (90) calendar days after the general assembly next convenes in regular session following such appointment; and
- (G) Three (3) additional members, whom the governor shall appoint for terms of three (3) years.
- (2) The commission shall include at least one (1) person who is of a racial minority.
- (c) The members of the commission shall elect the chair of the commission.
- (d)
- (1) A member of the commission who misses more than fifty percent (50%) of the scheduled meetings in a calendar year shall be removed as a member of the commission.
- (2) The chair of the commission shall promptly notify the respective appointing authority of any member who fails to satisfy the attendance requirement as prescribed in subdivision (d)(1).
History (8)
- Acts 1981, ch. 455, § 1
- T.C.A., § 38-11-102
- Acts 1983, ch. 270, § 2
- 1987, ch. 412, §§ 3, 4
- 2012, ch. 986, § 5
- 2015, ch. 37, §§ 3, 4
- 2017, ch. 301, § 1
- 2018, ch. 989, § 1.
§ 38-8-103. Director — Staff — Expenses of members. - (a) The director of the Jerry F. Agee Tennessee law enforcement training academy shall serve as the executive secretary of the commission.
- (b) Staff for the commission shall be provided through the law enforcement training academy.
- (c) The members of the commission shall serve without remuneration, but shall be paid expenses as the members may incur in attending the commission's meetings or in traveling on commission business. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter.
History (2)
- Acts 1981, ch. 455, § 2
- T.C.A., § 38-11-103.
§ 38-8-104. Powers and duties of commission. - (a) The commission shall:
- (1) Develop, plan, and implement law enforcement training programs for all local law enforcement officers in Tennessee;
- (2) Function as a clearing house for training programs related to local law enforcement;
- (3) Receive, administer, and expend local, state, federal, and other monetary assistance in the form of grants or otherwise, in order to further any of the commission's purposes pursuant to this chapter;
- (4) Establish uniform standards for the employment and training of police recruits and police officers, including preemployment qualifications and requirements for officer certification;
- (5) Establish minimum standards and curriculum requirements for the courses of study offered by or for any municipality, the state of Tennessee or any political subdivision of the state, and universities, colleges, community colleges, colleges of applied technology, and other educational institutions for the specific purpose of training police recruits or police officers;
- (6) Consult and cooperate with municipalities, the state of Tennessee or any political subdivision of the state, and universities, colleges, community colleges, colleges of applied technology, and other educational institutions for the specific purpose of training police recruits or police officers;
- (7) Consult and cooperate with municipalities, the state of Tennessee or any political subdivision of the state, and universities, colleges, community colleges, colleges of applied technology, and other educational institutions concerning the development of police training schools and programs limited to education and training in the area of police science, police administration, and all allied and supporting fields;
- (8) Approve facilities for school operation by or for any municipality, the state of Tennessee or any political subdivision of the state, and universities, colleges, community colleges, colleges of applied technology, and other educational institutions for the specific purpose of training police recruits and police officers;
- (9) Issue certification to persons who, by reason of experience and completion of in-service, advanced education or specialized training, are especially qualified for particular aspects or classes of police work;
- (10) Make or encourage studies on any aspect of police education, training, and recruitment; and
- (11) Administer income supplements for police officers.
- (b) The commission, in addition to all the powers and duties vested in it by law, is vested with the power and is charged with the duty of observing, administering, and enforcing all the provisions of this chapter.
- (c) The commission is authorized to adopt and enforce such rules and regulations as may be necessary to carry out this chapter.
- (d) The commission shall have the authority to establish criteria for determining whether to grant an exception to or waive the qualifications of minimum standards as provided in § 38-8-106, based on a person's previous law enforcement experience and training.
- (e) The commission shall establish criteria for determining whether to grant an exception to or to waive the qualifications of § 38-8-106, for a person hired as a police officer after July 1, 1987, except that no waiver or exception shall be granted for dishonorable discharge from the military, mental impairment which affects the person's ability to perform an essential function of the job with or without a reasonable accommodation, or a narcotics violation that could result in a felony charge. The commission's decisions with regard to exceptions or waivers granted under this subsection (e) shall be appealable to the chancery court. The commission shall adopt rules and regulations in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement this subsection (e).
- (f) The commission shall establish standards for the certification of railroad police officers commissioned pursuant to § 65-6-133.
- (g) The commission has the authority to obtain a set of classifiable fingerprints for any person hired as a police officer or enrolled as a police recruit in an approved recruit training program and to submit the set of fingerprints to the Tennessee bureau of investigation for a search of its criminal history records systems to determine whether the person has any recorded convictions in Tennessee and meets the minimum qualifications as provided in § 38-8-106. The Tennessee bureau of investigation shall forward the set of fingerprints to the federal bureau of investigation for a search of the national criminal history database per federal bureau of investigation policy to determine whether the person has any recorded convictions and meets the minimum qualifications as provided in § 38-8-106.
History (9)
- Acts 1981, ch. 455, § 4
- T.C.A., § 38-11-104
- Acts 1983, ch. 209, § 1
- 1983, ch. 270, §§ 3, 4
- 1987, ch. 412, §§ 2, 5
- 2006, ch. 1009, § 4
- 2009, ch. 372, § 1
- 2013, ch. 137, § 3
- 2017, ch. 151, §§ 1, 2.
§ 38-8-105. Minimum standards binding on governmental entities — Penalty for violation. - (a) Requirements for minimum standards as set forth in this part or as required by the commission shall be mandatory and binding upon any municipality, county or political subdivision of this state.
- (b) Any person who appoints any applicant, who, to the knowledge of the appointer, fails to meet the minimum standards as set forth in this part or required by the commission, and any person who signs the warrant or check for the payment of the salary of any person who, to the knowledge of the signer, fails to meet the qualifications as a police officer as provided in this part or required by the commission, commits a Class A misdemeanor, and upon conviction shall be subject to a fine not exceeding one thousand dollars ($1,000).
- (c) This section shall not apply to any police officer hired by any municipality, county, or political subdivision of this state prior to July 1, 1982.
- (d) Notwithstanding any citizenship requirement in a private act or charter provision to the contrary, a municipality, county, political subdivision of this state, or state law enforcement agency is authorized to employ a police officer who is a permanent legal resident of the United States; provided, that the police officer applies for or obtains United States citizenship within six (6) years of the employment start date with the law enforcement agency.
History (6)
- Acts 1981, ch. 455, § 5
- 1982, ch. 747, §§ 1, 2
- 1989, ch. 591, §§ 1, 6
- T.C.A., § 38-11-105
- Acts 2015, ch. 498, § 1
- 2022, ch. 847, § 1.
§ 38-8-106. Qualifications of police officers. - Any person employed as a full-time police officer, and any person employed or utilized as a part-time, temporary, reserve or auxiliary police officer or as a special deputy, shall:
- (1) Be at least eighteen (18) years of age;
- (2) Be a citizen of the United States, or a permanent legal resident of the United States who is an honorably discharged veteran of the United States armed forces pursuant to § 38-8-105(d);
- (3) Be a high school graduate or possess a high school equivalency credential approved by the state board of education;
- (4) Not have been convicted of or pleaded guilty to or entered a plea of nolo contendere to any felony charge or to any violation of any federal or state laws or city ordinances relating to force, violence, theft, dishonesty, gambling, liquor, controlled substances or controlled substance analogues;
- (5) Not have been released or discharged under any other than honorable discharge from any of the armed forces of the United States;
- (6) Have the person's fingerprints on file with the Tennessee bureau of investigation;
- (7) Have passed a physical examination by a licensed physician or a nurse practitioner or physician assistant, so long as the task is expressly included in the written protocol developed jointly by the supervising physician and the nurse practitioner or physician assistant, whichever is applicable, setting forth the range of services that may be performed by the nurse practitioner or physician assistant;
- (8) Have a good moral character as determined by a thorough investigation conducted by the employing agency; and
- (9) Have been certified by a Tennessee licensed health care provider qualified in the psychiatric or psychological field as being free from any impairment, as set forth in the current edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM) of the American Psychiatric Association at the time of the examination, that would, in the professional judgment of the examiner, affect the applicant's ability to perform an essential function of the job, with or without a reasonable accommodation.
History (12)
- Acts 1981, ch. 455, § 6
- T.C.A., § 38-11-106
- Acts 1983, ch. 270, § 6
- 1988, ch. 968, § 2
- 1990, ch. 1094, § 2
- 1993, ch. 374, § 2
- 2001, ch. 42, § 1
- 2009, ch. 264, § 1
- 2012, ch. 848, § 12
- 2013, ch. 137, § 4
- 2015, ch. 498, § 2
- 2023, ch. 114, § 7.
§ 38-8-107. Certification of officers — In-service training by employing agency — Decertification check. - (a) The commission shall issue a certificate of compliance to any person who meets the qualifications for employment and satisfactorily completes an approved recruit training program. All officers employed on and after July 1, 2017, must:
- (1) Enroll in an approved recruit training program within six (6) months of their date of employment;
- (2) Successfully complete an approved recruit training program as required by this part; and
- (3) Successfully complete an annual in-service training session appropriate for their rank and responsibilities.
- (b) Failure of an individual officer to successfully complete the in-service training requirement will result in the officer's loss of eligibility for the pay supplement in § 38-8-111. Failure of this individual officer to successfully complete another in-service training session within one (1) year will result in loss of certification. Each employing agency participating in the commission's training program must file a letter of intent with the commission stating its commitment to mandatory training for all law enforcement officers. Failure of several officers from one (1) employing agency shall be cause for the commission to examine that agency's training policy and may result in the agency's being declared out of compliance with state standards and thereby not eligible to participate in the commission's training programs at no cost. Any travel expense shall be borne by the employing agency.
- (c) The commission must evaluate the qualifications of a person certified as a law enforcement officer in another state by reviewing the person's training in the other state, practical experience in law enforcement, and education. After evaluating the person's training, experience, and education, the commission may issue a certificate if the person has satisfactorily complied with all other requirements of this chapter.
- (d) The commission shall also issue a certificate of compliance to any person employed as a campus police officer or public safety officer; provided, that the person meets the qualifications for employment as a police officer and satisfactorily completes an approved recruit training program as required by this part. To retain such certification, the campus police officer or public safety officer shall also successfully complete an annual in-service training session appropriate for the officer's rank and responsibilities.
- (e) The commission shall also issue a certificate of compliance to any person seeking to be commissioned as a railroad police officer pursuant to § 65-6-133; provided, that the person meets the qualifications for employment as a police officer and satisfactorily completes an approved recruit training program as required by this part. To retain this certification, the railroad police officer shall also successfully complete an annual in-service training session appropriate for the officer's rank and responsibilities.
- (f) The commission shall not issue a certificate or otherwise certify a person who is decertified in another state if the person's decertification is the result of criminal or other misconduct. Prior to requesting certification for a person, an employing agency must complete a check of the National Decertification Index, or other database, as part of a thorough investigation conducted by the employing agency.
History (10)
- Acts 1981, ch. 455, § 7
- T.C.A., § 38-11-107
- Acts 1983, ch. 270, §§ 7, 8
- 1990, ch. 1094, § 3
- 1993, ch. 374, § 3
- 2002, ch. 795, § 1
- 2009, ch. 190, § 2
- 2009, ch. 372, § 2
- 2017, ch. 151, § 3
- 2023, ch. 27, §§ 1, 2.
§ 38-8-108. Donations of property or money to commission. - The commission may accept, for any of its purposes and functions under this chapter, any and all donations of property, real, personal or mixed, and grants of money from any governmental unit or public agency, or from any institution, person, firm or corporation. Such moneys shall be deposited, disbursed and administered in a trust fund as provided by the laws of Tennessee.
History (2)
- Acts 1981, ch. 455, § 8
- T.C.A., § 38-11-108.
§ 38-8-110. Application of chapter. - This chapter does not apply to any elected officers or to any employees of the state of Tennessee, except that this chapter applies to sheriffs under § 38-8-111.
History (4)
- Acts 1981, ch. 455, § 10
- T.C.A., § 38-11-110
- Acts 1983, ch. 270, § 5
- 1993, ch. 374, § 3.
§ 38-8-111. In-service training — Cash supplements. - (a)
- (1) An eligible local unit of government that requires all police officers to complete an in-service training course each calendar year appropriate to the officer's rank and responsibility and the size and location of the officer's department, of at least forty (40) hours duration at a school certified or recognized by the commission, is entitled to receive a pay supplement of eight hundred dollars ($800) for any one (1) officer in any one (1) year, from the commission, to be paid to each officer, in addition to the officer's regular salary. Police officers are eligible for the pay supplement upon successful completion of forty (40) hours of the in-service training.
- (2) An officer who has not completed eight (8) months of full-time service during the calendar year is not eligible to receive the salary supplement, except in the case of death of the officer, retirement, or medical disability. Upon submission of proper documentation by an officer, the commission shall include time spent in active military service when calculating the required eight (8) months of full-time service.
- (3) Notwithstanding any other law, rule or regulation to the contrary, any police officer who served or serves on active duty in the armed forces of the United States during Operation Enduring Freedom, or any other period of armed conflict prescribed by presidential proclamation or federal law that occurs following the period involving Operation Enduring Freedom, shall receive the cash salary supplement provided pursuant to this section, if such service prevented or prevents such police officer from attending the in-service training program pursuant to this section.
- (4) If an officer does not complete the in-service training program required by this section due to the death of the officer while in the line of duty, as determined pursuant to § 7-51-210, then the officer's designated beneficiary shall receive the cash salary supplement provided pursuant to this section despite the failure to complete the required in-service training.
- (b) Commission funds made available under subsection (a) to local units shall be received, held and expended in accordance with subsections (a)-(c), including the rules and regulations issued by the commission, and the following specific restrictions:
- (1) Funds provided shall be used only as a cash salary supplement to police officers;
- (2) Each police officer shall be entitled to receive the state supplement that the officer's qualifications brought to the local unit;
- (3) Funds provided shall not be used to supplant existing salaries or as substitutes for normal salary increases periodically due to police officers; and
- (4) The cash salary supplement shall be considered as a bonus for the successful completion of training and shall not be considered as salary for subsequent years' determination of supplement or retirement purposes.
- (c) No funds shall be expended under subsections (a)-(c) unless such funds are specifically appropriated for the purposes set forth in subsections (a) and (b).
- (d) Any municipality or county legislative body may by resolution choose, by a two-thirds (⅔) vote of its entire membership, to establish an in-service training program together with a cash supplement for certified correction officers employed by the municipality or by the county. This program shall be separate from those programs operating pursuant to subsections (a)-(c). Each participating municipality or county shall establish criteria and rules and regulations governing its own program.
- (e)
- (1) If the certification of any police officer is revoked on the grounds that such officer supplied or acquiesced in false information being supplied to the commission regarding the officer's eligibility for certification, then the officer shall be ineligible to receive the supplement authorized by this section. If revocation occurs after the supplement has been paid, the officer shall return to the commission the full amount of the supplement paid. If the officer fails to return the supplement within sixty (60) days of the revocation of the certification, the commission may sue to recover the amount of the supplement in the appropriate circuit court.
- (2) The commission may, in addition to or in lieu of any other lawful action, withhold the next pay supplement due an officer certified under this part if the officer certified under this part fails to notify the executive secretary of the commission of an arrest as prescribed in § 38-8-126(a)(1).
- (f)
- (1) All sheriffs shall complete annual in-service training as set forth in this subsection (f) and shall receive cash salary supplements as provided by the commission for police officers. The commission shall apply the terms and conditions of this chapter to any sheriff with the exceptions contained in this subsection (f), and in performing its duties, the commission shall recognize the sheriff is an elected official without any employing agency.
- (2) Sheriffs successfully completing the annual training shall receive cash salary supplements in the same manner and under the same conditions as set forth in this part for police officers, except that the commission shall make the funds for salary supplements available to the appropriate counties for payment to sheriffs.
- (3) The commission shall issue to any sheriff successfully completing recruit training, or possessing its equivalency, and completing continuing annual training, a sheriff's certificate of compliance in the manner in which it issues police officers' certificates of compliance. A sheriff already holding any certificate of compliance from the commission may request the commission to recognize such sheriff's certification. A sheriff receiving a certificate of compliance has a continuing duty to meet all requirements as set forth in this section and § 8-8-102. In the event a person holding a police officer's certificate of compliance assumes the office of sheriff, the commission shall substitute for the police officer certificate, a sheriff's certificate of compliance.
- (g) The Tennessee peace officer standards and training commission is authorized to carry out the provisions of § 8-4-115.
History (13)
- Acts 1981, ch. 455, § 11
- T.C.A., § 38-11-111
- Acts 1987, ch. 374, § 1
- 1990, ch. 817, § 1
- 1992, ch. 600, § 1
- 1993, ch. 374, § 4
- 1997, ch. 440, §§ 1-3
- 1997, ch. 502, § 6
- 2003, ch. 289, § 2
- 2007, ch. 567, § 3
- 2016, ch. 530, § 2
- 2017, ch. 301, § 3
- 2019, ch. 152, § 2.
§ 38-8-113. Choke holding training. - Use of a choke hold, with or without the use of a police baton, must be taught to candidates at state law enforcement training facilities as a method of restraint to be used only if the officer reasonably believes that deadly force is authorized pursuant to § 39-11-620.
History (2)
- Acts 1994, ch. 893, § 1
- 2021, ch. 489, § 3.
§ 38-8-114. Community policing pilot programs. - The commission shall encourage the use of community policing by establishing six (6) pilot programs for communities across the state. The commission shall establish two (2) pilot programs in each of the three (3) grand divisions with a reasonable distribution between urban and rural areas. The commission may provide a grant of not more than ten thousand dollars ($10,000) for a community policing pilot program to a community that submits a proposal to the commission. To qualify for the grant funds, a community shall satisfy the criteria for participation established by the commission.
§ 38-8-115. Safe Neighborhoods Act of 1998. - (a) This section shall be known and may be cited as the “Safe Neighborhoods Act of 1998.”
- (b) By October 1, 1998, the department of finance and administration shall establish within the department a program to award state law enforcement assistance grants to local governmental agencies from money appropriated by the general appropriations act. The exclusive purpose of the grants is to assist local governments in meeting the local funding requirement necessary to receive a grant under the federal Violent Crime Control and Law Enforcement Act of 1994 for a portion of the costs associated with the employment of new law enforcement officers by local government.
- (c) The department is authorized to promulgate, in accordance with the provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, all rules necessary to establish and administer the grant program; provided, that no such rule or departmental policy shall be promulgated or interpreted contrary to the following guidelines:
- (1) All state grants to local governmental agencies shall be awarded only upon the basis of merit as determined by the department in accordance with selection criteria established by rule and regulation pursuant to the Uniform Administrative Procedures Act. Local governmental agencies wishing to participate in the grant program shall submit an application to the department as prescribed by rule and regulation;
- (2) The number of state grants awarded in a fiscal year is dependent on the amount of money appropriated for the grants and the number of qualified and conforming grant applications. Nothing in this subdivision (c)(2) shall be construed to mean that all money appropriated during a fiscal year for state grants must be awarded during that year if there are an insufficient number of qualified and conforming applications;
- (3) No state grant shall exceed ten percent (10%) of the amount of the grant the local government has been approved to receive from the federal government;
- (4) In order to receive a state grant pursuant to this section for the federal local funding requirement, the local governmental entity must have been approved for a universal hiring program grant under the Violent Crime Control and Law Enforcement Act of 1994 that is for the exclusive purpose of providing financial assistance for the employment of additional law enforcement officers in that locality; and
- (5) Nothing in this part shall be construed to prohibit the awarding of a state grant to assist in hiring school resource officers that have been approved for a federal universal hiring program grant.
History (2)
- Acts 1998, ch. 1030, § 1
- 1999, ch. 129, § 1.
§ 38-8-116. Law enforcement shooting ranges — Methods for retired law enforcement officer to meet annual requirements to carry firearm shipped or transported in interstate or foreign commerce — Maintenance of a list of approved certified firearms instructors. - (a) All law enforcement agencies are allowed to open their shooting ranges for public use when such ranges are not being used by law enforcement personnel. The law enforcement agency in charge of a shooting range may establish reasonable regulations for the use of the firing range in order to promote the full use of the range without interfering with the needs of law enforcement personnel. The law enforcement agency may also charge a reasonable fee for persons or organizations using the range and may require users to make improvements to the range.
- (b) A law enforcement officer acting as an individual and not as an employee, agent or on behalf of any governmental entity who has retired in good standing, as determined solely by the chief law enforcement officer of the retired officer's law enforcement agency, may utilize any one (1) of the following methods to meet the annual requirements to carry a firearm that has been shipped or transported in interstate or foreign commerce in the same manner and to the same extent as authorized for an active law enforcement officer to carry a firearm of the same type:
- (1) Obtaining a photographic identification issued by the agency from which the individual retired from service as a law enforcement officer that indicates that the individual has, not less recently than one (1) year before the date the individual is carrying the concealed firearm, been tested or otherwise found by the agency to meet the standards established by the agency for training and qualification for active law enforcement officers to carry a firearm of the same type as the concealed firearm;
- (2) Meeting the standards established by the Tennessee peace officer standards and training (POST) commission for qualification for active law enforcement officers to carry a firearm of the same type by qualifying at and obtaining such an annual certification directly from the Tennessee POST commission; or
- (3) Upon payment of any customary associated fees, utilize a private shooting range and engage the services of a certified firearms instructor to provide the training and verify that the retired law enforcement officer has met the standards established by the Tennessee POST commission for qualification for active law enforcement officers to carry a firearm of the same type. The certified firearms instructor is authorized to issue a certificate indicating that the retired law enforcement officer has met the applicable standards.
- (c)
- (1)
- (A) For purposes of this subsection (c), “retired law enforcement officer” means a retired law enforcement officer, as described in subsection (b), or a retired correctional officer previously employed by the department of correction or a retired inmate relations coordinator previously employed by the department of correction.
- (B) A retired law enforcement officer may become certified to carry a firearm within this state that has been shipped or transported in interstate or foreign commerce in the same manner and to the same extent as authorized for an active law enforcement officer.
- (2) To become certified pursuant to this subsection (c) for the first time, a retired officer may utilize any of the methods set out in subsection (b) to meet the standards established by the Tennessee POST commission for qualification for active law enforcement officers to carry a firearm of the same type.
- (3)
- (A) To complete the criminal history background check requirement for certification, a retired officer shall go to the sheriff in the county where the officer resides to have fingerprints taken. The officer shall be required to present photo identification at the time the fingerprints are taken. If the presented photo identification does not accurately identify the officer, then the sheriff shall refuse to take the officer's fingerprints. The sheriff may charge a fee not to exceed six dollars ($6.00) for taking the officer's fingerprints and sending two (2) copies of the same to the Tennessee POST commission.
- (B) At the time an officer submits an application to be filed with the Tennessee POST commission, the officer shall present photo identification; if the name on the photo identification and the name on the application are not the same, the Tennessee POST commission shall refuse to accept the application. If the person whose picture appears on the photo identification is not the same as the officer, the Tennessee POST commission shall refuse to accept the application.
- (4) Upon receipt of the two (2) copies of an officer's fingerprints from a county sheriff's office, the Tennessee POST commission shall send the fingerprints of the officer and the application filed by the officer to the Tennessee bureau of investigation (TBI).
- (5) Upon receipt of the fingerprints from the Tennessee POST commission, the TBI shall:
- (A) Within thirty (30) days from receipt of the fingerprints, conduct computer searches to determine the officer's eligibility for a permit under subsection (c) as are available to the bureau based solely upon the applicant's name, date of birth and social security number and send the results of the searches to the Tennessee POST commission;
- (B) Conduct a criminal history record check based upon one (1) set of the fingerprints received and send the results to the Tennessee POST commission; and
- (C) Send one (1) set of the fingerprints received from the Tennessee POST commission to the federal bureau of investigation (FBI), request a federal criminal history record check based upon the fingerprints, as long as the service is available, and send the results of the check to the Tennessee POST commission.
- (6)
- (A) The Tennessee POST commission shall deny a permit application if it determines from information contained in the criminal history record checks conducted by the TBI and FBI pursuant to subdivision (c)(5), or from other information, that the applicant:
- (i) Is prohibited from purchasing or possessing a firearm in this state pursuant to § 39-17-1316, § 39-17-1307(b) or (c), 18 U.S.C. § 922(g), or any other state or federal law, or is prohibited from obtaining a handgun carry permit pursuant to § 39-17-1351 or § 39-17-1366; or
- (ii) Has been convicted of the offense of driving under the influence of an intoxicant in this or any other state two (2) or more times within ten (10) years from the date of the application and at least one (1) of the convictions has occurred within five (5) years from the date of application or renewal.
- (B) The Tennessee POST commission shall not be required to confirm the officer's eligibility for certification beyond the information received from the TBI and FBI, if any.
- (7) Certification of a retired officer under this section shall be valid for a period of four (4) years from the date the Tennessee POST commission issues the officer's certification under this subsection (c).
- (8) For a retired officer to recertify under this subsection (c) upon the expiration of the initial certification, the officer shall only be required to undergo the criminal history background check portion of the certification process. No fewer than ninety (90) days prior to the expiration of the officer's initial certification under this subsection (c), the officer shall undergo a criminal history background check in accordance with the procedure set out in subdivisions (c)(3)-(5).
- (9) Because the certification requirements of this subsection (c) do not meet the requirements of 18 U.S.C. § 926C(d), a retired officer certified under this subsection (c) is not permitted to carry a firearm outside this state unless otherwise authorized to do so with a handgun carry permit issued pursuant to § 39-17-1351.
- (10) If the provisions of 18 U.S.C. § 926C(d), or any other provision of federal law change to permit an officer certified under this section to carry a firearm outside this state, such officer shall be permitted to carry a firearm as permitted by federal law.
- (d) The Tennessee POST commission shall maintain a list of approved certified firearms instructors, which may include any instructor utilized by a person to receive a handgun carry permit under § 39-17-1351, that it considers qualified to train and verify that a retired law enforcement officer has met the standards established by the Tennessee POST commission for qualification for active law enforcement officers to carry a firearm of the same type.
- (e) A retired officer may bring the certificate issued by the certified firearms instructor pursuant to subdivision (b)(3) to the Tennessee POST commission. If the certificate was issued by an instructor who is on the POST commission's approved list and the commission determines, in the manner prescribed in § 38-8-123, that the applicant is eligible to carry a firearm under federal law, the commission shall issue the officer a certification that the officer has met the standards established by the Tennessee POST commission for qualification for active law enforcement officers to carry a firearm of the same type. A certificate so issued by the Tennessee POST commission shall be considered a certification issued by the state for purposes of 18 U.S.C. § 926C(d)(2)(B). A certificate issued to a retired officer pursuant to this subsection (e) shall be automatically revoked by operation of law upon the officer becoming ineligible to carry a firearm under federal law.
- (f) The Tennessee POST commission is authorized to establish and charge a fee for issuing a certification under this section.
- (g)
- (1) If a retired law enforcement officer who has been certified to carry a firearm pursuant to this section is arrested and charged with a violation of § 55-10-401 and the officer has one (1) or more prior convictions for the same offense within the last ten (10) years, then the court first having jurisdiction over the officer with respect to the charge shall order the officer to surrender the certificate and send the certificate to the certifying agency with a copy of the court's order that required the surrender of the certificate, unless the officer petitions the court for a hearing on the surrender.
- (2) If the officer does petition the court for a hearing, the court shall determine whether the officer will present a material risk of physical harm to the public if released and allowed to retain the certificate. If the court determines that the officer will present a material risk of physical harm to the public, it shall condition the release of the officer, whether on bond or otherwise, upon the officer's surrender of the certificate to the court. The certifying agency shall suspend the certificate pending a final disposition on the charge against the officer.
- (3) If the officer is not convicted of the charge or charges, the certificate shall be restored and returned to the officer and the temporary prohibition against the carrying of a firearm as a law enforcement officer shall be lifted.
- (4) If the officer is convicted of the charge or charges, the certificate shall be revoked by the court and the revocation shall be noted in the judgment and minutes of the court. The court shall send the surrendered certificate to the issuing agency.
History (7)
- Acts 2004, ch. 865, § 1
- 2009, ch. 430, § 1
- 2011, ch. 363, § 1
- 2011, ch. 413, §§ 1, 2
- 2012, ch. 783, § 1
- 2016, ch. 1054, §§ 1, 2
- 2019, ch. 479, § 14.
§ 38-8-117. Training in animal and canine behavior. - (a) The course of training leading to the basic certificate of compliance issued by the Tennessee peace officer standards and training commission pursuant to § 38-8-107, may include a course of instruction in animal behavior generally and canine behavior specifically.
- (b) The course shall be created and designed to instruct officer candidates in:
- (1) Basic animal behavioral characteristics, traits and methods by which an officer can ascertain whether an animal is likely to be or become aggressive and thereby constitute a threat to the officer or other people;
- (2) Situations and environments in which an animal is more likely to be or become aggressive and methods by which the officer can control or alter these situations or environments in order to best protect the officer and other people; and
- (3) Ways in which a law enforcement officer can control and neutralize an animal that is or becomes aggressive in a manner that utilizes the least amount of force or likelihood of harm to the animal necessary to protect the officer and other people.
- (c)
- (1) For law enforcement officers who have completed the animal behavior training course required by subsections (a) and (d) of this section, any annual in-service training, necessary for the salary supplement authorized in § 38-8-111, may also include the animal behavior training course.
- (2) The annual in-service training course shall also include any updates or instructional or educational advancements that become available in this area.
- (d) Every officer who was employed prior to the time when the course of instruction was established and offered may be required to complete it as part of the officer's annual in-service training.
§ 38-8-118. Employment of private special deputies for security and law enforcement. - (a)
- (1) A resort area owner or management company may employ one (1) or more persons to act as private special deputies, in order to provide on-site security and law enforcement capability for residents and guests of the resort area and for resort area property.
- (2) An independent contractor who provides on-site security and law enforcement capability for federal government property that is an air force base and home to a development center that is the most advanced and largest complex of flight simulation test facilities in the world may employ one (1) or more persons to act as private special deputies for such purposes.
- (b)
- (1)
- (A) Upon employing a person for security and law enforcement purposes, the resort area shall seek appointment of the person as a private special deputy by the sheriff of the county where the resort is located, in accordance with § 8-8-212.
- (B) Upon employing a person for security and law enforcement purposes pursuant to subdivision (a)(2), the independent contractor shall seek appointment of the person as a private special deputy by the sheriff of the county where the government property is located, in accordance with § 8-8-212.
- (2) No person may serve as a private special deputy, unless the person proves financial responsibility, to the appointing sheriff, as evidenced by a corporate surety bond in no less amount than fifty thousand dollars ($50,000), or by a liability insurance policy of the employer in no less amount than fifty thousand dollars ($50,000).
- (3) The sheriff shall appoint the person as a private special deputy, if the person seeking appointment demonstrates to the sheriff that the person:
- (A) Meets all of the qualifications for a police officer set out in § 38-8-106;
- (B) Proves financial responsibility as provided in subdivision (b)(2); and
- (C) Has received training or continuing training, from whatever source, that is equivalent to or superior to the training or continuing training required for a law enforcement officer under the standards established by the peace officer standards and training commission for law enforcement officers.
- (c)
- (1) When properly appointed by the appropriate sheriff, the private special deputy shall be authorized to act independently of other law enforcement agencies and shall have all the police powers necessary to enforce all state laws, as well as rules and regulations of the resort area. The authority granted extends to all facilities or property owned, leased or operated by the employing resort, including any public roads or rights-of-way that are contiguous to, within the perimeter of, or connect between the facilities, property, or interests of a particular institution.
- (2) The authority granted to private special deputies pursuant to subdivision (b)(1)(B) extends to all facilities or property over which the independent contractor employing such deputies has been given authority by the employing governmental entity to provide on-site security and law enforcement services, including any public roads or rights-of-way that are contiguous to, within the perimeter of, or connect between the facilities, property or interests of the governmental property.
- (d)
- (1) Anyone incurring any wrong, injury, loss, damage, or expense resulting from any act or failure to act on the part of any private special deputy appointed by the sheriff, but not employed by the sheriff or the county, shall not bring suit against the sheriff or the county, and the sheriff and county shall be immune from such suits, and the plaintiff shall be required to pursue the remedy against the private special deputy and/or the employer or employers of the private special deputy, whether the private special deputy is acting within the scope of employment or not.
- (2) Notwithstanding this subsection (d), § 8-8-303 or any other law to the contrary, the governmental immunity of the county in which a sheriff has appointed a private special deputy or deputies is not waived for any wrong, injury, loss, damage or expense resulting from an act or omission of the private special deputy under the following circumstances:
- (A) The sheriff's department of the county has entered into a mutual assistance agreement with the resort area owner or management company or with the independent contractor providing on-site security and law enforcement capability for federal government property described in subdivision (a)(2) that employs the private special deputy or deputies;
- (B) The act or omission occurred while the private special deputy was involved in official law enforcement duties after having been dispatched by the sheriff to respond to a call, provide backup or otherwise assist the sheriff's department in a law enforcement capacity or at the scene of an accident, crime or other incident; and
- (C) The crime or incident to which the private special deputy was dispatched was outside the boundaries of the governmental property described in subdivision (a)(2) or resort area, as established in subsection (c).
- (e) This section shall not entitle any private special deputy to any public funding, for training or otherwise.
History (2)
- Acts 2006, ch. 862, § 2
- 2009, ch. 284, §§ 1-5.
§ 38-8-120. School policing. - A memorandum of understanding may be entered into between a chief of a law enforcement agency and a local education agency to provide school policing.
§ 38-8-123. Determination of eligibility of retired officer to carry a firearm under federal law. - (a) The Tennessee POST commission shall determine a retired officer's eligibility to carry a firearm under federal law as provided in this section.
- (b)
- (1) In addition to the identification or certificate required by § 38-8-116(d), the applicant shall be required to submit an application and two (2) full sets of classifiable fingerprints to the Tennessee POST commission. The applicant shall present photo identification at the time the application is submitted to the Tennessee POST commission. The commission shall not accept the application and fingerprints submitted by the applicant unless the photo identification presented accurately identifies the applicant and the name on the photo identification, the name on the application, and, if the applicant's fingerprints were taken by a sheriff as provided in subdivision (b)(2), the name on the fingerprint card, are the same.
- (2) The applicant's fingerprints may be taken by the Tennessee POST commission at the time the application is submitted or the applicant may have the fingerprints taken at any sheriff's office. If the applicant's fingerprints are taken by a sheriff, then the applicant shall be required to present photo identification at the time the fingerprints are taken. If the presented photo identification does not accurately identify the applicant, then the sheriff shall refuse to take the applicant's fingerprints. The sheriff may charge a fee not to exceed five dollars ($5.00) for taking the applicant's fingerprints.
- (c)
- (1) Upon receipt of an applicant's permit application and fingerprints, the Tennessee POST commission shall forward both sets of fingerprints to the Tennessee bureau of investigation (TBI).
- (2) Upon receipt of the fingerprints from the Tennessee POST commission, the TBI shall:
- (A) Within thirty (30) days from receipt of the fingerprints conduct:
- (i) Any computer search available to the bureau based solely upon the applicant's name, date of birth and social security number to determine the applicant's eligibility for a permit under subsection (a) and send the results of the searches to the Tennessee POST commission;
- (ii) A criminal history record check based upon one (1) set of the fingerprints received and send the results to the Tennessee POST commission; and
- (B) Within fifteen (15) days, send one (1) set of the fingerprints received to the federal bureau of investigation (FBI). The TBI shall request that the FBI conduct a federal criminal history record check based upon the fingerprints, as long as the service is available, and send the results of the check to the Tennessee POST commission.
- (d)
- (1) The Tennessee POST commission shall deny a permit application if it determines from information contained in the criminal history record checks conducted by the TBI and FBI pursuant to subdivision (c)(2), or from other information that comes to the attention of the Tennessee POST commission, that the applicant is not eligible to carry a firearm under federal law. The Tennessee POST commission shall not be required to confirm the applicant's eligibility for certification beyond the information received from the TBI and FBI, if any.
- (2) If the Tennessee POST commission denies an application, then the Tennessee POST commission shall notify the applicant in writing within ten (10) days of the denial. The written notice shall state the specific factual basis for the denial. It shall include a copy of any reports, records or inquiries reviewed or relied upon by the Tennessee POST commission.
§ 38-8-124. Providing false information to POST. - (a) In addition to any other penalty prescribed by law, where an applicant for POST certification knowingly includes false or misleading information on an application concerning the applicant's qualifications, experience, training or criminal history, the applicant shall be denied POST certification in this state and shall not be eligible to reapply.
- (b)
- (1) Where a POST certified officer obtains POST certification by knowingly providing false or misleading information concerning the officer's qualifications, experience, training or criminal history, POST shall decertify the officer.
- (2) Any officer decertified by POST under subdivision (b)(1) shall be removed from office and shall not be eligible to apply for a law enforcement position.
- (c) For purposes of this section, “law enforcement position” means:
- (1) A state or local employee who exercises law enforcement authority, including, but not limited to, a position with the:
- (A) Tennessee wildlife resources agency;
- (B) Tennessee public utility commission;
- (C) Division of forestry; or
- (D) Alcoholic beverage commission;
- (2) A state or local employee exercising quasi-law enforcement authority, including, but not limited to, correctional employees and jailers; or
- (3) Any support position to an entity or employee under subdivision (c)(1) or (c)(2).
History (2)
- Acts 2012, ch. 858, § 1
- 2017, ch. 94, § 82.
§ 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.
§ 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).
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 38-8-135. POST — Medical crisis training for officers. - (a) The Tennessee peace officer standards and training (POST) commission shall adopt guidelines and materials instructing law enforcement officers on the best practices for recognizing and responding to a medical crisis involving a person under arrest or under the care or supervision of the law enforcement officer.
- (b) The guidelines and materials must not require an officer to undergo specialized medical training for the purposes of becoming POST certified.
Part 2 Jerry F. Agee Tennessee Law Enforcement Training Academy § 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.
History (6)
- 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
- 2016, ch. 530, § 1.
§ 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.
History (3)
- Acts 1963, ch. 173, § 2
- impl. am. Acts 1979, ch. 93, § 1
- T.C.A., § 38-802.
§ 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.
History (4)
- Acts 1963, ch. 173, § 3
- impl. am. Acts 1979, ch. 93, § 1
- T.C.A., § 38-803
- Acts 2012, ch. 986, § 6.
§ 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.
History (3)
- Acts 1963, ch. 173, § 4
- impl. am. Acts 1979, ch. 93, § 1
- T.C.A., § 38-804.
§ 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.
History (3)
- Acts 1963, ch. 173, § 5
- impl. am. Acts 1979, ch. 93, § 1
- T.C.A., § 38-805.
§ 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.
History (4)
- 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.
§ 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.
History (5)
- 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.
Part 3 Investigations of Police Officers § 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.
History (2)
- Acts 1989, ch. 398, § 1
- 2023, ch. 454, § 1.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
History (2)
- Acts 1989, ch. 398, § 9
- 2023, ch. 454, § 3.
§ 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.
History (3)
- Acts 1991, ch. 193, § 1
- T.C.A. § 38–8–351
- Acts 2006, ch. 1009, § 6.
§ 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.
§ 38-8-312. Community oversight board. - (a) It is the express intent of the general assembly that:
- (1) Sections 38-8-310 — 38-8-311 and this section apply to all local government entities; and
- (2)
- (A) This section preempts any existing law, ordinance, resolution, enactment, charter provision, or regulation by a local governing body concerning a police advisory and review committee, community oversight board, or other similar police oversight body, which as of January 1, 2023 does not conform with the requirements of this section; and
- (B) A local governing body that created a police advisory and review committee, community oversight board, or other similar police oversight body prior to July 1, 2023, must comply with this section within one hundred twenty (120) days of July 1, 2023, or the police advisory and review committee, community oversight board, or other similar police oversight body is terminated.
- (b)
- (1) A local governing body is authorized, upon its own initiative and upon the adoption of an ordinance or resolution by a two-thirds (2/3) vote at two (2) separate meetings, to create a police advisory and review committee for the governing body.
- (2) The purpose of the committee is to strengthen the relationship between citizens and the law enforcement agency; to ensure the timely, fair, and objective review of citizen complaints while protecting the individual rights of local law enforcement officers; and to make recommendations concerning citizen complaints to the head of a law enforcement agency.
- (c)
- (1) A committee consists of seven (7) members, each of whom must:
- (A) Possess a reputation for fairness, integrity, and responsibility, and have demonstrated an active interest in public affairs and public service;
- (B) Be a registered voter, as defined by § 2-1-104(a)(24), of the local government entity for which the committee is established; and
- (C) Not be a current employee of a local governing body.
- (2) A committee shall not restrict or otherwise limit membership based upon demographics, economic status, or employment history.
- (d)
- (1) Committee members are appointed by the mayor and confirmed by a majority vote of the local governing body, with initial appointments to be made for the following terms:
- (A) Two (2) members of the committee are appointed for one-year terms;
- (B) Two (2) members of the committee are appointed for two-year terms; and
- (C) Three (3) members of the committee are appointed for three-year terms.
- (2) No more than two (2) persons may be appointed from one (1) district or ward within a local government entity that is represented by a member of a local governing body.
- (3) Following the initial appointments, all subsequent appointments, except to fill vacancies, are for three-year terms.
- (4) Vacancies occurring other than through the expiration of terms are filled for the remainder of the term of the member being replaced.
- (5) A committee member appointed pursuant to this subsection (d) shall not serve more than two (2) consecutive terms.
- (6)
- (A) Upon making the initial appointments to the committee, the mayor shall designate one (1) member of the committee to convene the first regular meeting of the committee.
- (B) At its first regular meeting, the committee shall elect one (1) of its members to serve as chair, who serves a term of one (1) year or until a successor is elected. The chair may appoint other officers as the chair deems appropriate.
- (e)
- (1) Upon the recommendation of a majority of the committee members or by a finding of the mayor, the mayor, with a majority approval of the local governing body, may remove a member of the committee for official misconduct or neglect of duty including neglect of any duty in subsection (h).
- (2) Members who are absent from three (3) consecutive regular committee meetings are considered to have vacated their positions on the committee and may be replaced.
- (3) Members who cease to possess the qualifications for membership on the committee under subdivision (c)(1) are deemed to have forfeited their position on the committee.
- (f) A person shall not receive compensation for services performed as an appointed member of the committee.
- (g) Each person appointed to the committee shall complete the citizen's police academy course offered by the law enforcement agency and any other training deemed appropriate by the head of the law enforcement agency to educate citizens on law enforcement operations, practice, and training. The course must be completed within six (6) months of the date of a person's appointment to the committee. Members who fail to complete required courses are considered to have vacated their positions on the committee and may be replaced.
- (h) Members of the committee shall:
- (1) Respect an individual's, including a local law enforcement officer's, right to privacy, and maintain confidentiality of records;
- (2) Maintain the confidentiality of internal affairs unit files; personnel files; and other files, records, or recordings received pertaining to their membership on the committee;
- (3) Excuse themselves from participating in the review of a complaint in which they have a personal, professional, or financial conflict of interest; and
- (4) Conduct themselves in a manner that ensures public confidence in the fairness, impartiality, and integrity of the committee, and refrain from making inappropriate or prejudicial comments regarding a matter being reviewed by the committee or which may be reasonably expected to be reviewed by the committee.
- (i) The attorney for the local government entity shall investigate an allegation of misconduct by a committee member or their staff and submit a written report of investigative findings to the mayor and local governing body.
- (j)
- (1) The mayor may select an executive director of the committee whose appointment is subject to the approval of a majority of the members of the committee.
- (2) The executive director must:
- (A) Possess a reputation for fairness, integrity, and responsibility and have demonstrated an active interest in public affairs and service;
- (B) Be a registered voter of the local government entity for whom the executive director is employed;
- (C) Not be a former employee of a law enforcement agency for the preceding twelve (12) months;
- (D) Possess prior investigative experience, such as would be possessed by an attorney or a local law enforcement officer;
- (E) Respect an individual's, including local law enforcement officer's, right to privacy, and maintain confidentiality of records;
- (F) Maintain the confidentiality of all law enforcement records and files that the executive director or committee receives as a result of the committee's performance of its official duties;
- (G) Not participate in the review of a complaint in which the executive director has a personal, professional, or financial conflict of interest;
- (H) Conduct the duties of the office in a manner that maintains public confidence in the fairness, impartiality, and integrity of the committee, and refrain from making inappropriate or prejudicial comments regarding a matter being reviewed by the committee or which may be reasonably expected to be reviewed by the committee; and
- (I) Comply with all rules applicable to other employees of the local government entity.
- (3)
- (A) A person shall not be approved as executive director under subdivision (j)(1) until the person has:
- (i) Supplied a fingerprint sample for the purpose of a state criminal history background check to be conducted by the Tennessee bureau of investigation, as well as a national criminal history background check to be conducted by the federal bureau of investigation; and
- (ii) Submitted to a lawfully administered test designed to detect the presence of a controlled substance or a controlled substance analogue.
- (B) The local governing body shall pay the costs incurred to conduct the criminal history background check and to administer the test under subdivision (j)(3)(A). The local governing body may require the applicant to pay the costs associated with the criminal history background check and the test. Payment must be made in accordance with § 38-6-103.
- (C) The Tennessee bureau of investigation and the entity conducting the test shall report the results of the criminal history background check and test to the mayor or the mayor's designee within five (5) business days of the bureau's receipt of such results.
- (D) The results of the criminal history background check and test are deemed to be confidential under title 10, chapter 7, part 5 and are not required to be disclosed or made available under § 10-7-503(a).
- (k)
- (1) The executive director shall accept written, sworn complaints from members of the public regarding misconduct of local law enforcement officers and shall forward the complaints to the head of the internal affairs unit of the law enforcement agency within three (3) business days of their receipt. Upon receipt of a complaint, the unit shall immediately cause an investigation to be conducted of the allegations pursuant to the standard operating procedures of the law enforcement agency. The executive director may also accept unsworn or anonymous complaints and, if accepted, refer the complaints to the internal affairs unit for investigation.
- (2) Upon notification by the head of the internal affairs unit that an investigation of an allegation of misconduct by a local law enforcement officer is closed, whether the investigation was prompted by a complaint received by the executive director or otherwise, the executive director may review the unit file or the referral action form and determine if the investigation is complete.
- (3)
- (A) If the executive director determines that the investigation is complete in accordance with subdivision (k)(2), then the executive director shall file a report with the committee at its next regularly scheduled meeting that contains a copy of the internal affairs unit case, summary, or referral action form, and any documentation of disciplinary action pertaining to the case.
- (B) If the executive director determines that the investigation is not complete, then the executive director shall notify the committee, at its next regularly scheduled meeting, that, in the executive director's opinion, additional investigation or additional time may be required for the investigation to be complete.
- (l) At each of the regularly scheduled committee meetings, the executive director shall file a report with the committee that details the resolution of unsworn or anonymous complaints the executive director has been able to resolve without an investigation by the internal affairs unit.
- (m) The executive director may request legal services and advice from the attorney for the local government entity that provides legal services to the local government for which the executive director is employed. If the attorney for the local government entity determines that the provision of legal services and advice would constitute a conflict of interest, then the attorney shall advise the executive director of the conflict and the executive director may request the attorney for the local government entity to provide other outside counsel for such legal services and advice.
- (n) The executive director shall:
- (1) Ensure the proper recording of the minutes of the committee;
- (2) Maintain proper records and files pertaining to committee business;
- (3) Receive and record all exhibits, petitions, documents, or other materials presented to the committee in support of or in opposition to a question before the committee;
- (4) Comply with state law and local ordinances regarding notice of meetings;
- (5) Provide complainants with information about the complaint process;
- (6) Be a notary public;
- (7) Compile statistical information regarding complaints of misconduct by law enforcement officers as reported to the executive director from a member of the public, reported to the internal affairs unit where the investigation was reviewed by the executive director, or which were initiated by the executive director; and
- (8) Include the information compiled under subdivision (n)(7) in an annual report to the head of the law enforcement agency, the mayor, and the local governing body of the committee's activities.
- (o)
- (1) The committee shall review all reports submitted by the executive director under subdivision (k)(3)(A).
- (2) If the executive director finds that an investigation is not complete under subdivision (k)(3)(B), then the committee may, by a majority vote of its members:
- (A) Request the head of the law enforcement agency to conduct a further investigation of the incident, specifying that additional information is needed; or
- (B) Direct the executive director to return the investigation to the internal affairs unit for additional investigation.
- (3) The executive director shall report any additional investigative findings made to the committee, and upon completion of its inquiry, the committee shall report its written findings and conclusions to the head of the law enforcement agency, and the mayor.
- (4)
- (A) The committee shall have access to all public records it deems necessary to conduct its affairs in furtherance of its duties under this section, including law enforcement agency records. Such records include:
- (i) Complaints and supporting documents provided by complainants;
- (ii) Offense, incident, and arrest reports; and
- (iii) Incident-related documents such as schedules, dispatch notes, dispatch tapes and transcriptions, citations, photographs, and records of interviews with complainants, employees, and witnesses.
- (B) The committee shall not access nonpublic records, including employee medical records, or records that are otherwise exempt from disclosure under any state or federal law.
- (5)
- (A) Upon completion of the review of an internal affairs investigation, the committee may, subject to its own specific findings and conclusions, make recommendations to the head of the law enforcement agency for the improvement of law enforcement policies and activities and to benefit the community.
- (B) All meetings must be open to the public and the head of the law enforcement agency, or their designee, may attend and provide information and advice to, or accept the recommendations of, the committee, if any.
- (6)
- (A) The committee shall compile a comprehensive report of its activities at least once a year, with the report to contain statistics and summaries of citizen complaints, including a comparison of the committee's findings and conclusions with those of the internal affairs unit, along with the actions taken by the head of the law enforcement agency.
- (B) The report compiled in subdivision (o)(6)(A) must be submitted to:
- (i) The executive director for inclusion in the executive director's annual report to the head of the law enforcement agency;
- (ii) The mayor;
- (iii) The local governing body;
- (iv) The chairs of the civil justice and criminal justice committees of the house of representatives; and
- (v) The chair of the judiciary committee of the senate.
- (7)
- (A) The committee may request legal services and advice from the attorney for the local government entity who provides legal services to the local government entity for which the committee serves. If the attorney for the local government entity determines that the provision of legal services and advice would constitute a conflict of interest, then the attorney for the local government entity shall advise the committee of the conflict and the committee may request the attorney for the local government entity to provide other outside counsel for such legal services and advice.
- (B) If the executive director is prohibited from participating in the review of a complaint pursuant to subdivision (j)(2)(G), then the committee may petition the mayor to appoint a temporary assistant to perform the duties of the executive director.
- (p)
- (1) The committee shall adopt rules of procedure for the transaction of committee business not inconsistent with this section.
- (2) Four (4) members of the committee constitute a quorum. A meeting of the committee must not commence or continue in the absence of a quorum, and a majority vote of those forming a quorum is required for action to be taken by the committee except where otherwise specified in this section.
- (3) Regular meetings of the committee must be held no less than quarterly, on the first Wednesday of January, April, July, and October, or as the committee may otherwise elect. A scheduled meeting may be rescheduled at the preceding regular meeting. The chairman and three (3) members of the committee may call a special meeting of the committee upon at least five (5) days' notice.
- (4) Committee meetings and records must be open to the public in accordance with title 8, chapter 44, part 1, and title 10, chapter 7. The committee shall provide an opportunity for public comment about an investigation being reviewed by the committee pursuant to rules established by the committee.
- (5)
- (A) A police advisory and review committee does not have the power to issue subpoenas for documents or to compel witness testimony.
- (B) This subdivision (p)(5) does not prohibit the issuance of a subpoena by a local governing body as otherwise provided by law.
- (C) A subpoena issued by a local governing body, on behalf of a police advisory and review committee, must:
- (i) Be issued pursuant to majority vote of the local governing body;
- (ii) Not be issued in the form of a blanket authorization, but must specify each document to be produced; and
- (iii) Not be issued for documents that are confidential under state or federal law.
- (D) Notwithstanding subdivision (p)(4), any document provided to a committee that is confidential under state or federal law must be treated as confidential and must not be released to the public.
- (q)
- (1) The committee or its staff shall not review an investigation:
- (A) Concerning an incident that occurred prior to January 1, 2023;
- (B) Prior to the closure of an investigation by the internal affairs unit or of a criminal investigation;
- (C) While the complainant, the officer complained about, or a witness is actively engaged in pursuing a remedy provided by the rules and regulations of the civil service merit board of the local government entity; or
- (D) If the complainant has initiated, threatened, or given notice of the intent to initiate litigation against the local government entity or its employees.
- (2) The committee shall not direct the head of the law enforcement agency to alter or impose disciplinary action against an employee of the local law enforcement agency.
History (4)
- Acts 2019, ch. 320, § 1
- 2021, ch. 64, § 43
- 2021, ch. 523, §§ 1, 2
- 2023, ch. 454, § 2.
Chapter 9 Civil Emergencies § 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.
History (3)
- Acts 1968, ch. 485, § 1
- 1971, ch. 57, § 1
- T.C.A., § 38-901.
§ 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.
History (2)
- Acts 1968, ch. 485, § 2
- T.C.A., § 38-902.
§ 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.
History (2)
- Acts 1968, ch. 485, § 3
- T.C.A., § 38-903.
§ 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.
History (2)
- Acts 1968, ch. 485, § 4
- T.C.A., § 38-904.
§ 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.
History (2)
- Acts 1968, ch. 485, § 5
- T.C.A., § 38-905.
§ 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.
History (2)
- Acts 1968, ch. 485, § 6
- T.C.A., § 38-906.
Chapter 10 Intrastate Communication of Criminal Statistics § 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.
History (5)
- Acts 1973, ch. 159, § 1
- 1978, ch. 803, § 1
- 1980, ch. 636, § 6
- T.C.A., § 38-1201
- Acts 2003, ch. 186, § 1.
§ 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.
History (5)
- Acts 1973, ch. 159, § 2
- 1980, ch. 636, § 6
- T.C.A., § 38-1202
- Acts 2016, ch. 896, § 1
- 2022, ch. 850, § 1.
§ 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.
History (3)
- Acts 1973, ch. 159, § 3
- 1980, ch. 636, § 6
- T.C.A., § 38-1203.
§ 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.
History (5)
- Acts 1973, ch. 159, § 4
- 1977, ch. 355, § 1
- 1980, ch. 636, § 6
- T.C.A., § 38-1204
- Acts 2015, ch. 287, § 1.
§ 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.
History (2)
- Acts 1978, ch. 803, § 2
- T.C.A., § 38-1205.
Chapter 11 Drug Interdiction Programs Part 2 County Bounty Act [Repealed] § 38-11-201. [Repealed]
History (2)
- Acts 1988, ch. 1035, § 1
- repealed by Acts 2020, ch. 522, § 1, effective March 6, 2020.
§ 38-11-202. [Repealed]
History (2)
- Acts 1988, ch. 1035, § 2
- repealed by Acts 2020, ch. 522, § 1, effective March 6, 2020.
§ 38-11-203. [Repealed]
History (2)
- Acts 1988, ch. 1035, § 3
- repealed by Acts 2020, ch. 522, § 1, effective March 6, 2020.
§ 38-11-204. [Repealed]
History (3)
- Acts 1988, ch. 1035, § 4
- 1996, ch. 675, §§ 20, 21
- repealed by Acts 2020, ch. 522, § 1, effective March 6, 2020.
§ 38-11-205. [Repealed]
History (2)
- Acts 1988, ch. 1035, §§ 5, 6
- repealed by Acts 2020, ch. 522, § 1, effective March 6, 2020.
§ 38-11-206. [Repealed]
History (3)
- Acts 1988, ch. 1035, § 6
- 2013, ch. 236, § 67
- repealed by Acts 2020, ch. 522, § 1, effective March 6, 2020.
Chapter 12 Domestic Violence State Coordinating Council § 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.
§ 38-12-103. Membership. - (a) The coordinating council shall consist of the following twenty-three (23) members:
- (1) The commissioner of labor and workforce development, or the commissioner's designee;
- (2) The attorney general and reporter, or the attorney general and reporter's designee;
- (3) The director of the administrative office of the courts, or the director's designee;
- (4) The executive director of the district public defenders conference, or the executive director's designee;
- (5) The director of the Tennessee bureau of investigation, or the director's designee;
- (6) The executive director of the district attorneys general conference, or the executive director's designee;
- (7) The president of the Tennessee Sheriffs' Association, or the president's designee;
- (8) The president of the state court clerks conference, or the president's designee;
- (9) The president of the Tennessee chiefs of police association, or the president's designee;
- (10) The executive director of the Tennessee Coalition to End Domestic and Sexual Violence, or the executive director's designee;
- (11) The executive director of the peace officers standards and training commission, or the executive director's designee;
- (12) The chairman of the board of probation and parole, or the chairman's designee;
- (13) The executive director of the Tennessee association of criminal defense lawyers, or the executive director's designee;
- (14) Three (3) judges or retired judges, one (1) from each grand division of this state, to be appointed by the executive director of the administrative office of the courts;
- (15) One (1) legal services attorney to be appointed by the Tennessee Alliance for Legal Services;
- (16) One (1) victim witness coordinator to be appointed by the district attorneys general conference;
- (17) Three (3) individuals with domestic violence expertise from the non-profit sector to be appointed by the Tennessee Coalition to End Domestic and Sexual Violence;
- (18) One (1) member of the senate, who shall be a non-voting advisory member, to be appointed by the speaker of the senate; and
- (19) One (1) member of the house of representatives, who shall be a non-voting advisory member, to be appointed by the speaker of the house of representatives.
- (b) In making appointments to the coordinating council, the appointing authorities shall strive to ensure that at least one (1) person serving on the council is sixty (60) years of age or older, at least one (1) person serving on the council is a member of a racial minority, and at least two (2) persons serving on the council are female.
- (c) Except as provided in subsection (d), the terms of the members of the coordinating council who are appointed under subdivisions (a)(14)-(17) shall be four (4) years. The terms of members who are appointed under subdivisions (a)(18) and (19) shall coincide with their terms of office in the general assembly; provided, that such members shall continue to serve on the coordinating council until their successors are appointed.
- (d)
- (1) The entire membership of the coordinating council as comprised on June 30, 2014, shall be vacated on July 1, 2014, and new members shall be appointed in accordance with subsection (a).
- (2) In order to stagger the terms of the newly appointed coordinating council members, the appointing authorities shall make initial appointments as follows:
- (A) One (1) judge appointed under subdivision (a)(14) and one (1) individual appointed under subdivision (a)(17) shall be appointed for terms of one (1) year, which shall expire on June 30, 2015;
- (B) One (1) judge appointed under subdivision (a)(14), the legal services attorney appointed under subdivision (a)(15), and one (1) individual appointed under subdivision (a)(17) shall be appointed for terms of two (2) years, which shall expire on June 30, 2016; and
- (C) One (1) judge appointed under subdivision (a)(14), the victim witness coordinator appointed under subdivision (a)(16), and one (1) individual appointed under subdivision (a)(17) shall be appointed for terms of three (3) years, which shall expire on June 30, 2017.
- (e)
- (1) Following the expiration of members' initial terms as prescribed in subdivision (d)(2), all terms shall begin on July 1 and terminate on June 30, four (4) years thereafter.
- (2) All members shall serve until the expiration of the term to which they were appointed and until their successors are appointed and qualified.
- (3) A vacancy occurring other than by expiration of a term shall be filled in the same manner as the original appointment but only for the remaining duration of the unexpired term.
- (f) An appointing authority may remove any member of the coordinating council, which such appointing authority appointed to the council, for misconduct, incompetency, willful neglect of duty, or other just cause.
History (5)
- Acts 1995, ch. 376, § 3
- 1998, ch. 1049, §§ 7, 8
- 1999, ch. 257, § 3
- 2001, ch. 201, § 1
- 2014, ch. 779, § 3.
§ 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.
§ 38-12-105. Funds for support services — Reimbursement. - The Tennessee Coalition to End Domestic and Sexual Violence is authorized to use funds from the domestic violence community education fund established by § 36-3-616, to provide necessary support services for the coordinating council. Coordinating council members shall be reimbursed for travel expenses in accordance with the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter.
History (2)
- Acts 1995, ch. 376, § 5
- 2014, ch. 779, § 4.
§ 38-12-106. Law enforcement agency policy and education. - All law enforcement agencies with personnel who are likely to encounter situations of domestic violence shall adopt a policy regarding domestic violence and provide initial and continuing education concerning the dynamics of domestic violence, and the handling, investigation and response procedures concerning reports of domestic violence to all law enforcement personnel who are likely to encounter situations of domestic violence.
§ 38-12-107. Court personnel policy and education. - All state and local court administrators, court clerks, and judges, with personnel who are likely to encounter situations involving domestic violence, shall adopt a policy regarding domestic violence and provide initial and continuing education concerning the dynamics of domestic violence, and the handling and response procedures concerning allegations of domestic violence to all judges and court personnel who are likely to encounter allegations of domestic violence.
§ 38-12-108. Peace officers standards and training commission policy and education. - The peace officers standards and training commission shall establish a policy regarding and a continuing education training curriculum concerning domestic violence and shall provide it to all law enforcement agencies throughout the state whose personnel are likely to encounter situations of domestic violence. The commission may adopt the policy and training curriculum developed by the domestic violence state coordinating council, and may revise the policy and training curriculum at its discretion. The commission shall require all law enforcement agencies to comply with the requirements of this part.
§ 38-12-109. Administrative office of the court policy and education. - The administrative office of the courts shall establish a policy regarding, and a continuing education curriculum concerning, domestic violence and shall provide continuing education on domestic violence to all judges and court personnel throughout the state who are likely to encounter situations of domestic violence. The administrative office of the courts may adopt the policy and training curriculum developed by the domestic violence state coordinating council, and may revise the policy and training curriculum at its discretion.
§ 38-12-110. Regulation of intervention programs for perpetrators of domestic abuse. - (a) The state coordinating council shall promulgate regulations for batterers' intervention programs for perpetrators of domestic abuse as defined in § 36-3-601, and shall certify compliance with the regulations. In formulating the regulations, the council shall conduct public hearings and shall consult with the following persons or groups:
- (1) Public and private agencies that provide batterers' intervention programs for perpetrators of domestic abuse;
- (2) Public and private agencies that provide programs for victims of domestic abuse;
- (3) Victims advocates;
- (4) Survivors of domestic abuse; and
- (5) Other persons who have demonstrated expertise and experience in the area of domestic abuse.
- (b) The regulations required by this section shall include, but not be limited to, the following topics:
- (1) Minimum standards for batterers' intervention programs; and
- (2) Monitoring and certification criteria for batterers' intervention programs.
- (c) The council may prescribe fees, not to exceed three hundred dollars ($300), for the certification of such programs.
History (2)
- Acts 1998, ch. 945, § 1
- 2013, ch. 349, § 1.
§ 38-12-111. Policies. - The coordinating council has the authority to develop policies for the operation and functioning of the council.
History (2)
- Acts 1999, ch. 257, § 4
- 2014, ch. 779, § 5.
Chapter 13 Law Enforcement Advisory Council [Repealed] § 38-13-101. [Repealed]
History (2)
- Acts 1998, ch. 994, § 7
- repealed by Acts 2013, ch. 201, § 1, effective April 23, 2013.
§ 38-13-102. [Repealed]
History (3)
- Acts 1998, ch. 994, § 7
- 2013, ch. 236, § 34
- repealed by Acts 2013, ch. 201, § 1, effective April 23, 2013.
§ 38-13-103. [Repealed]
History (2)
- Acts 1998, ch. 994, § 7
- repealed by Acts 2013, ch. 201, § 1, effective April 23, 2013.
§ 38-13-104. [Repealed]
History (2)
- Acts 1998, ch. 994, § 7
- repealed by Acts 2013, ch. 201, § 1, effective April 23, 2013.
Chapter 14 National Crime Prevention and Privacy Compact § 38-14-101. Text of compact. - The national crime prevention and privacy compact is enacted into law and entered into by this state, with all states legally joining therein in the form substantially as follows:
- The contracting parties agree to the following:
-
-
- Overview
- (a) In general. This compact organizes an electronic information sharing system among the federal government and the states to exchange criminal history records for noncriminal justice purposes authorized by federal or state law, such as background checks for governmental licensing and employment.
- (b) Obligations of parties. Under this compact, the FBI and the party states agree to maintain detailed databases of their respective criminal history records, including arrests and dispositions, and to make them available to the federal government and to party states for authorized purposes. The FBI shall also manage the federal data facilities that provide a significant part of the infrastructure for the system.
- Article I. Definitions
- In this compact:
- (1) Attorney general. The term “attorney general” means the attorney general of the United States;
- (2) Compact officer. The term “compact officer” means:
- (A) With respect to the federal government, an official so designated by the director of the FBI; and
- (B) With respect to a party state, the chief administrator of the state's criminal history record repository or a designee of the chief administrator who is a regular full-time employee of the repository;
- (3) Council. The term “council” means the compact council established under Article VI;
- (4) Criminal history record repository. The term “criminal history record repository” means the state agency designated by the governor or other appropriate executive official or the legislature of a state to perform centralized recordkeeping functions for criminal history records and services in the state;
- (5) Criminal history records. The term “criminal history records”:
- (A) Means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, or other formal criminal charges, and any disposition arising therefrom, including acquittal, sentencing, correctional supervision, or release; and
- (B) Does not include identification information such as fingerprint records if such information does not indicate involvement of the individual with the criminal justice system;
- (6) Criminal justice. The term “criminal justice” includes activities relating to the detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. The administration of criminal justice includes criminal identification activities and the collection, storage, and dissemination of criminal history records;
- (7) Criminal justice agency. The term “criminal justice agency”:
- (A) Means:
- (i) Courts; and
- (ii) A governmental agency or any subunit thereof that:
- (a) Performs the administration of criminal justice pursuant to a statute or executive order; and
- (b) Allocates a substantial part of its annual budget to the administration of criminal justice; and
- (B) Includes federal and state inspectors general offices;
- (8) Criminal justice services. The term “criminal justice services” means services provided by the FBI to criminal justice agencies in response to a request for information about a particular individual or as an update to information previously provided for criminal justice purposes;
- (9) Criterion offense. The term “criterion offense” means any felony or misdemeanor offense not included on the list of nonserious offenses published periodically by the FBI;
- (10) Direct access. The term “direct access” means access to the National Identification Index by computer terminal or other automated means not requiring the assistance of or intervention by any other party or agency;
- (11) Executive order. The term “executive order” means an order of the president of the United States or the chief executive officer of a state that has the force of law and that is promulgated in accordance with applicable law;
- (12) FBI. The term “FBI” means the federal bureau of investigation;
- (13) Interstate identification system. The term “Interstate Identification Index System” or “III System”:
- (A) Means the cooperative federal-state system for the exchange of criminal history records; and
- (B) Includes the National Identification Index, the National Fingerprint File and, to the extent of their participation in such system, the criminal history record repositories of the states and the FBI;
- (14) National Fingerprint File. The term “National Fingerprint File” means a database of fingerprints, or other uniquely personal identifying information, relating to an arrested or charged individual maintained by the FBI to provide positive identification of record subjects indexed in the III System;
- (15) National Identification Index. The term “National Identification Index” means an index maintained by the FBI consisting of names, identifying numbers, and other descriptive information relating to record subjects about whom there are criminal history records in the III System;
- (16) National indices. The term “national indices” means the National Identification Index and the National Fingerprint File;
- (17) Noncriminal justice purposes. The term “noncriminal justice purposes” means uses of criminal history records for purposes authorized by federal or state law other than purposes relating to criminal justice activities, including employment suitability, licensing determinations, immigration and naturalization matters, and national security clearances;
- (18) Nonparty state. The term “nonparty state” means a state that has not ratified this compact;
- (19) Party state. The term “party state” means a state that has ratified this compact;
- (20) Positive identification. The term “positive identification” means a determination, based upon a comparison of fingerprints or other equally reliable biometric identification techniques, that the subject of a record search is the same person as the subject of a criminal history record or records indexed in the III System. Identifications based solely upon a comparison of subjects' names or other nonunique identification characteristics or numbers, or combinations thereof, shall not constitute positive identification;
- (21) Sealed record information. The term “sealed record information” means:
- (A) With respect to adults, that portion of a record that is:
- (i) Not available for criminal justice uses;
- (ii) Not supported by fingerprints or other accepted means of positive identification; or
- (iii) Subject to restrictions on dissemination for noncriminal justice purposes pursuant to a court order related to a particular subject or pursuant to a federal or state statute that requires action on a sealing petition filed by a particular record subject; and
- (B) With respect to juveniles, whatever each state determines is a sealed record under its own law and procedure; and
- (22) State. The term “state” means any state, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
- Article II. Purposes
- The purposes of this compact are to:
- (1) Provide a legal framework for the establishment of a cooperative federal-state system for the interstate and federal-state exchange of criminal history records for noncriminal justice uses;
- (2) Require the FBI to permit use of the National Identification Index and the National Fingerprint File by each party state, and to provide, in a timely fashion, federal and state criminal history records to requesting states, in accordance with the terms of this compact and with rules, procedures, and standards established by the council under Article VI;
- (3) Require party states to provide information and records for the National Identification Index and the National Fingerprint File and to provide criminal history records, in a timely fashion, to criminal history record repositories of other states and the federal government for noncriminal justice purposes, in accordance with the terms of this compact and with rules, procedures, and standards established by the council under Article VI;
- (4) Provide for the establishment of a council to monitor III System operations and to prescribe system rules and procedures for the effective and proper operation of the III System for noncriminal justice purposes; and
- (5) Require the FBI and each party state to adhere to III System standards concerning record dissemination and use, response times, system security, data quality, and other duly established standards, including those that enhance the accuracy and privacy of such records.
- Article III. Responsibilities Of Compact Parties
- (a) FBI responsibilities. The director of the FBI shall:
- (1) Appoint an FBI compact officer who shall:
- (A) Administer this compact within the department of justice and among federal agencies and other agencies and organizations that submit search requests to the FBI pursuant to Article V(c);
- (B) Ensure that compact provisions and rules, procedures, and standards prescribed by the council under Article VI are complied with by the department of justice and the federal agencies and other agencies and organizations referred to in Article III(1)(A); and
- (C) Regulate the use of records received by means of the III System from party states when such records are supplied by the FBI directly to other federal agencies;
- (2) Provide to federal agencies and to state criminal history record repositories, criminal history records maintained in its database for the noncriminal justice purposes described in Article IV, including:
- (A) Information from nonparty states; and
- (B) Information from party states that is available from the FBI through the III System, but is not available from the party state through the III System;
- (3) Provide a telecommunications network and maintain centralized facilities for the exchange of criminal history records for both criminal justice purposes and the noncriminal justice purposes described in Article IV, and ensure that the exchange of such records for criminal justice purposes has priority over exchange for noncriminal justice purposes; and
- (4) Modify or enter into user agreements with nonparty state criminal history record repositories to require them to establish record request procedures conforming to those prescribed in Article V.
- (b) State responsibilities. Each party state shall:
- (1) Appoint a compact officer who shall:
- (A) Administer this compact within that state;
- (B) Ensure that compact provisions and rules, procedures, and standards established by the Council under Article VI are complied with in the state; and
- (C) Regulate the in-state use of records received by means of the III System from the FBI or from other party states;
- (2) Establish and maintain a criminal history record repository, which shall provide:
- (A) Information and records for the National Identification Index and the National Fingerprint File; and
- (B) The state's III System-indexed criminal history records for noncriminal justice purposes described in Article IV;
- (3) Participate in the National Fingerprint File; and
- (4) Provide and maintain telecommunications links and related equipment necessary to support the services set forth in this compact.
- (c) Compliance with III System standards. In carrying out their responsibilities under this compact, the FBI and each party state shall comply with III System rules, procedures, and standards duly established by the council concerning record dissemination and use, response times, data quality, system security, accuracy, privacy protection, and other aspects of III System operation.
- (d) Maintenance of record services.
- (1) Use of the III System for noncriminal justice purposes authorized in this compact shall be managed so as not to diminish the level of services provided in support of criminal justice purposes.
- (2) Administration of compact provisions shall not reduce the level of service available to authorized noncriminal justice users on the effective date of this compact.
- Article IV. Authorized Record Disclosures
- (a) State criminal history record repositories. To the extent authorized by § 552a of title 5, United States Code (commonly known as the “Privacy Act of 1974”), the FBI shall provide on request criminal history records (excluding sealed records) to state criminal history record repositories for noncriminal justice purposes allowed by federal statute, federal executive order, or a state statute that has been approved by the attorney general and that authorizes national indices checks.
- (b) Criminal justice agencies and other governmental or nongovernmental agencies. The FBI, to the extent authorized by § 552a of title 5, United States Code (commonly known as the “Privacy Act of 1974”), and state criminal history record repositories shall provide criminal history records (excluding sealed records) to criminal justice agencies and other governmental or nongovernmental agencies for noncriminal justice purposes allowed by federal statute, federal executive order, or a state statute that has been approved by the attorney general, that authorizes national indices checks.
- (c) Procedures. Any record obtained under this compact may be used only for the official purposes for which the record was requested. Each compact officer shall establish procedures, consistent with this compact, and with rules, procedures, and standards established by the council under Article VI, which procedures shall protect the accuracy and privacy of the records, and shall:
- (1) Ensure that records obtained under this compact are used only by authorized officials for authorized purposes;
- (2) Require that subsequent record checks are requested to obtain current information whenever a new need arises; and
- (3) Ensure that record entries that may not legally be used for a particular noncriminal justice purpose are deleted from the response and, if no information authorized for release remains, an appropriate “no record” response is communicated to the requesting official.
- Article V. Record Request Procedures
- (a) Positive identification. Subject fingerprints or other approved forms of positive identification shall be submitted with all requests for criminal history record checks for noncriminal justice purposes.
- (b) Submission of state requests. Each request for a criminal history record check utilizing the national indices made under any approved state statute shall be submitted through that state's criminal history record repository. A state criminal history record repository shall process an interstate request for noncriminal justice purposes through the national indices only if such request is transmitted through another state criminal history record repository or the FBI.
- (c) Submission of federal requests. Each request for criminal history record checks utilizing the national indices made under federal authority shall be submitted through the FBI or, if the state criminal history record repository consents to process fingerprint submissions, through the criminal history record repository in the state in which such request originated. Direct access to the National Identification Index by entities other than the FBI and state criminal history records repositories shall not be permitted for noncriminal justice purposes.
- (d) Fees. A state criminal history record repository or the FBI:
- (1) May charge a fee, in accordance with applicable law, for handling a request involving fingerprint processing for noncriminal justice purposes; and
- (2) May not charge a fee for providing criminal history records in response to an electronic request for a record that does not involve a request to process fingerprints.
- (e) Additional search.
- (1) If a state criminal history record repository cannot positively identify the subject of a record request made for noncriminal justice purposes, the request, together with fingerprints or other approved identifying information, shall be forwarded to the FBI for a search of the national indices.
- (2) If, with respect to a request forwarded by a state criminal history record repository under paragraph (1), the FBI positively identifies the subject as having a III System-indexed record or records:
- (A) The FBI shall so advise the state criminal history record repository; and
- (B) The state criminal history record repository shall be entitled to obtain the additional criminal history record information from the FBI or other state criminal history record repositories.
- Article VI. Establishment Of Compact Council
- (a) Establishment.
- (1) In general. There is established a council to be known as the “compact council”, which shall have the authority to promulgate rules and procedures governing the use of the III System for noncriminal justice purposes, not to conflict with FBI administration of the III System for criminal justice purposes.
- (2) Organization. The council shall:
- (A) Continue in existence as long as this compact remains in effect;
- (B) Be located, for administrative purposes, within the FBI; and
- (C) Be organized and hold its first meeting as soon as practicable after the effective date of this compact.
- (b) Membership. The council shall be composed of fifteen (15) members, each of whom shall be appointed by the attorney general, as follows:
- (1) Nine (9) members, each of whom shall serve a two-year term, who shall be selected from among the compact officers of party states based on the recommendation of the compact officers of all party states, except that, in the absence of the requisite number of compact officers available to serve, the chief administrators of the criminal history record repositories of nonparty states shall be eligible to serve on an interim basis;
- (2) Two (2) at-large members, nominated by the director of the FBI, each of whom shall serve a three-year term, of whom:
- (A) One (1) shall be a representative of the criminal justice agencies of the federal government and may not be an employee of the FBI; and
- (B) One (1) shall be a representative of the noncriminal justice agencies of the federal government;
- (3) Two (2) at-large members, nominated by the chairman of the council, once the chairman is elected pursuant to Article VI(c), each of whom shall serve a three-year term, of whom:
- (A) One (1) shall be a representative of state or local criminal justice agencies; and
- (B) One (1) shall be a representative of state or local noncriminal justice agencies;
- (4) One (1) member, who shall serve a three-year term, and who shall simultaneously be a member of the FBI's advisory policy board on criminal justice information services, nominated by the membership of that policy board;
- (5) One (1) member, nominated by the director of the FBI, who shall serve a three-year term, and who shall be an employee of the FBI.
- (c) Chairman and vice chairman.
- (1) In general. From its membership, the council shall elect a chairman and a vice chairman of the council, respectively. Both the chairman and vice chairman of the council:
- (A) Shall be a compact officer, unless there is no compact officer on the council who is willing to serve, in which case the chairman may be an at-large member; and
- (B) Shall serve a two-year term and may be reelected to only one (1) additional two-year term.
- (2) Duties of vice chairman. The vice chairman of the council shall serve as the chairman of the council in the absence of the chairman.
- (d) Meetings.
- (1) In general. The council shall meet at least once each year at the call of the chairman. Each meeting of the council shall be open to the public. The council shall provide prior public notice in the Federal Register of each meeting of the council, including the matters to be addressed at such meeting.
- (2) Quorum. A majority of the council or any committee of the council shall constitute a quorum of the council or of such committee, respectively, for the conduct of business. A lesser number may meet to hold hearings, take testimony, or conduct any business not requiring a vote.
- (e) Rules, procedures, and standards. The council shall make available for public inspection and copying at the council office within the FBI, and shall publish in the Federal Register, any rules, procedures, or standards established by the council.
- (f) Assistance from FBI. The council may request from the FBI such reports, studies, statistics, or other information or materials as the council determines to be necessary to enable the council to perform its duties under this compact. The FBI, to the extent authorized by law, may provide such assistance or information upon such a request.
- (g) Committees. The chairman may establish committees as necessary to carry out this compact and may prescribe their membership, responsibilities, and duration.
- Article VII. Ratification Of Compact
- This compact shall take effect upon being entered into by two (2) or more states as between those states and the federal government. Upon subsequent entering into this compact by additional states, it shall become effective among those states and the federal government and each party state that has previously ratified it. When ratified, this compact shall have the full force and effect of law within the ratifying jurisdictions. The form of ratification shall be in accordance with the laws of the executing state.
- Article VIII. Miscellaneous Provisions
- (a) Relation of compact to certain FBI activities. Administration of this compact shall not interfere with the management and control of the director of the FBI over the FBI's collection and dissemination of criminal history records and the advisory function of the FBI's advisory policy board chartered under the Federal Advisory Committee Act (5 U.S.C. App.) for all purposes other than noncriminal justice.
- (b) No authority for nonappropriated expenditures. Nothing in this compact shall require the FBI to obligate or expend funds beyond those appropriated to the FBI.
- (c) Relating to Public Law 92-544. Nothing in this compact shall diminish or lessen the obligations, responsibilities, and authorities of any state, whether a party state or a nonparty state, or of any criminal history record repository or other subdivision or component thereof, under the Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriation Act, 1973 (Public Law 92-544), or regulations and guidelines promulgated thereunder, including the rules and procedures promulgated by the council under Article VI(a), regarding the use and dissemination of criminal history records and information.
- Article IX. Renunciation
- (a) In general. This compact shall bind each party state until renounced by the party state.
- (b) Effect. Any renunciation of this compact by a party state shall:
- (1) Be effected in the same manner by which the party state ratified this compact; and
- (2) Become effective 180 days after written notice of renunciation is provided by the party state to each other party state and to the federal government.
- Article X. Severability
- The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any participating state, or to the constitution of the United States, or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If a portion of this compact is held contrary to the constitution of any party state, all other portions of this compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected, as to all other provisions.
- Article XI. Adjudication Of Disputes
- (a) In general. The council shall:
- (1) Have initial authority to make determinations with respect to any dispute regarding:
- (A) Interpretation of this compact;
- (B) Any rule or standard established by the council pursuant to Article V; and
- (C) Any dispute or controversy between any parties to this compact; and
- (2) Hold a hearing concerning any dispute described in paragraph (1) at a regularly scheduled meeting of the council and only render a decision based upon a majority vote of the members of the council. Such decision shall be published pursuant to the requirements of Article VI(e).
- (b) Duties of FBI. The FBI shall exercise immediate and necessary action to preserve the integrity of the III System, maintain system policy and standards, protect the accuracy and privacy of records, and to prevent abuses, until the council holds a hearing on such matters.
- (c) Right of appeal. The FBI or a party state may appeal any decision of the council to the attorney general, and thereafter may file suit in the appropriate district court of the United States, which shall have original jurisdiction of all cases or controversies arising under this compact. Any suit arising under this compact and initiated in a state court shall be removed to the appropriate district court of the United States in the manner provided by section 1446 of title 28, United States Code, or other statutory authority.
History (2)
- Acts 2003, ch. 186, § 2
- 2005, ch. 11, § 1.
2024 Tennessee Code Unannotated