38-1-101. Reports to law enforcement officials of certain types of injuries — Immunity for reporting — Exception.

1. 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, or suffocation, 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 judiciary committee of the house of representatives.
2. Injuries to minors that are required to be reported by § 37-1-403 are not required to be reported under this section.
3. 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.
4. 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.
5. 1. The reporting provisions in subsection (a) do not apply if the person seeking or receiving treatment:
      1. Is 18 years of age or older;
      2. Objects to the release of any identifying information to law enforcement officials; and
      3. 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.

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.

Compiler's Notes. Acts 2005, ch. 18, § 1 provided that the act may be cited as the “Meth-Free Tennessee Act of 2005.”

Amendments. The 2018 amendment added (a)(2).

The 2019 amendment substituted “judiciary” for “criminal justice” preceding “committee of the house” in (a)(2).

Effective Dates. Acts 2018, ch. 619, § 2. July 1, 2018.

Acts 2019, ch. 345, § 148. May 10, 2019.

Cross-References. Notice of death under suspicious, unusual or unnatural circumstances, § 38-7-108.

Registration of persons acting as law enforcement officers, § 8-8-221.

Law Reviews.

Defective Products: Extension of Strict Liability to Bystanders (Dix W. Noel), 38 Tenn. L. Rev. 1 (1970).

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.

Acts 1943, ch. 107, § 2; mod. C. Supp. 1950, § 5717.33 (Williams, § 5717.36); T.C.A. (orig. ed.), § 38-602.

Compiler's Notes. The offense in this section may have been affected by the Criminal Sentencing Reform Act of 1989. See §§ 39-11-114, 40-35-110, 40-35-111.

Cross-References. Notice of death under suspicious, unusual or unnatural circumstances, § 38-7-108.

Restrictions on removal of body, § 38-7-108.

Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 27.102.

38-1-103. Violation of §§ 38-1-101 and 38-1-102.

1. 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.
2. Any person in violation of § 38-1-102 commits a Class A misdemeanor.

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.

Code Commission Notes.

The misdemeanor in this section has been designated as a Class A misdemeanor by authority of § 40-35-110, which provides that an offense designated a misdemeanor without specification as to category is a Class A misdemeanor. See also § 39-11-114.

Cross-References. Penalty for Class A misdemeanor, § 40-35-111.

Sentencing for misdemeanors, § 40-35-302.

38-1-104. Autopsies authorized on application of district attorney general.

1. 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.
2. 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.
3. 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.

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.

Cross-References. Authority to order autopsy only when recommended by county coroner and medical examiner, § 38-7-106.

Post-mortem examinations, title 38, ch. 7.

Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 27.102.

Tennessee Jurisprudence, 8 Tenn. Juris., Criminal Procedure, § 26.

Law Reviews.

Selected Tennessee Legislation of 1986, 54 Tenn. L. Rev. 457 (1987).

Attorney General Opinions. Payment of costs of autopsies, OAG 96-034 (3/7/96).

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.

Acts 1967, ch. 56, § 1; T.C.A., § 38-605; Acts 1989, ch. 591, §§ 1, 6.

Code Commission Notes.

The misdemeanor in this section has been designated as a Class A misdemeanor by authority of § 40-35-110, which provides that an offense designated a misdemeanor without specification as to category is a Class A misdemeanor. See also § 39-11-114.

Cross-References. Penalty for Class A misdemeanor, § 40-35-111.

Sentencing for misdemeanors, § 40-35-302.

Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 28.119.

38-1-106. Notification to next of kin — Determination of “seriously injured”.

1. 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.
2. 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.

Acts 1996, ch. 878, § 1.

Part 2
Scrap Jewelry and Metal Dealers

NOTES TO DECISIONS

1. Wrongful Death Actions.

Where, in wrongful death action, defendant testified that he saw decedent looking in window of his sister's room with his hand on screen, and that when he flashed his light on him he ran away and when he did not stop after defendant called to him, defendant shot him, verdict for defendant was error. Gross v. Abston, 44 Tenn. App. 68, 311 S.W.2d 817, 1957 Tenn. App. LEXIS 151 (Tenn. Ct. App. 1957).

2. Ineffective Assistance.

In action where inmate was charged with felony evading arrest, inmate did not prove ineffective assistance due to counsel's failure to raise inmate's mental issues to support a claim of self-defense under T.C.A. §§ 38-2-101, 38-2-102 or an insanity defense under T.C.A. § 39-11-501(a) based on medical reports addressing the inmate's “paranoid mental defect pertaining to interaction with police officers”, where: (1) the inmate had been repeatedly found competent to stand trial; (2) a psychiatrist reported that the inmate's mental health issues were controlled by medication; and (3) the inmate's claim that he was not taking his medication was not proven with counsel's testimony or medical proof as to the inmate's mental state at the time of the offenses. Paulson v. State, — S.W.3d —, 2012 Tenn. Crim. App. LEXIS 987 (Tenn. Crim. App. Dec. 5, 2012).

Collateral References.

Admissibility of evidence as to other's character or reputation for turbulence on question of self-defense by one charged with assault or homicide. 1 A.L.R.3d 571.

Admissibility of threats to defendant made by third parties to support claim of self-defense in criminal prosecution for assault or homicide. 55 A.L.R.5th 449.

Extent of premises which may be defended without retreat under right of self-defense. 52 A.L.R.2d 1458.

Homicide: duty to retreat as condition of self-defense when one is attacked at his office, or place of business or employment. 41 A.L.R.3d 584.

NOTES TO DECISIONS

1. Present Threat Required.

There must be some words or overt acts at the time, clearly indicating a present purpose to carry the threats into execution, and inflict death or some great bodily harm upon the defendant; past threats or hostile actions or antecedent circumstances can only be looked to in connection with present demonstrations as grounds of apprehension. Rippy v. State, 39 Tenn. 217, 1858 Tenn. LEXIS 283 (1858); Chambers v. Porter, 45 Tenn. 273, 1868 Tenn. LEXIS 9 (1868); Williams v. State, 50 Tenn. 376, 1872 Tenn. LEXIS 5 (1872); Little v. State, 65 Tenn. 491, 1873 Tenn. LEXIS 390 (1873); Draper v. State, 63 Tenn. 246, 1874 Tenn. LEXIS 239 (1874); Hull v. State, 74 Tenn. 249, 1880 Tenn. LEXIS 243 (1880); Barnard v. State, 88 Tenn. 183, 12 S.W. 431, 1889 Tenn. LEXIS 41 (1889); Frazier v. State, 117 Tenn. 430, 100 S.W. 94, 1906 Tenn. LEXIS 56 (1906).

In cases where the statute is applicable, a person would be excused for acting upon a well-grounded apprehension — as in cases of self-defense, but not when there is a lack of evidence raising the question. Fisher v. State, 78 Tenn. 151, 1882 Tenn. LEXIS 156 (1882).

Previous threats, conduct, and language of the accused upon meeting the deceased that are equivalent to an overt act justified the deceased in acting in self-defense, and deprived the accused of that right. Cooper v. State, 123 Tenn. 37, 138 S.W. 826, 1909 Tenn. LEXIS 2 (1911).

2. Necessity.

A killing, warranted as in self-defense, must be done under an honest, existing, and well-founded belief that it is absolutely necessary in self-defense. Rippy v. State, 39 Tenn. 217, 1858 Tenn. LEXIS 283 (1858); Draper v. State, 63 Tenn. 246, 1874 Tenn. LEXIS 239 (1874); Hull v. State, 74 Tenn. 249, 1880 Tenn. LEXIS 243 (1880); Barnard v. State, 88 Tenn. 183, 12 S.W. 431, 1889 Tenn. LEXIS 41 (1889).

The defendant must fear death or great bodily harm to warrant killing in self-defense. If any less injury than death or great bodily harm is feared or indicated by the circumstances, the plea of self-defense will not be sustained, though the degree of homicide may be reduced. Rippy v. State, 39 Tenn. 217, 1858 Tenn. LEXIS 283 (1858).

If the defendant was in danger of death or great bodily harm from his assailant, or if he was not in such danger, but honestly believed himself to be so, upon reasonable evidence gathered from all the surrounding circumstances as they appeared to him, and he really feared death or some great bodily harm from his assailant, and, acting under such fear, he killed his adversary, it would be justifiable homicide. Williams v. State, 50 Tenn. 376, 1872 Tenn. LEXIS 5 (1872); Jackson v. State, 65 Tenn. 452, 1873 Tenn. LEXIS 387 (1873); Little v. State, 65 Tenn. 491, 1873 Tenn. LEXIS 390 (1873); Draper v. State, 63 Tenn. 246, 1874 Tenn. LEXIS 239 (1874); Taylor v. State, 74 Tenn. 234, 1880 Tenn. LEXIS 240 (1880); Hull v. State, 74 Tenn. 249, 1880 Tenn. LEXIS 243 (1880); Frazier v. State, 117 Tenn. 430, 100 S.W. 94, 1906 Tenn. LEXIS 56 (1906); Cooper v. State, 123 Tenn. 37, 138 S.W. 826, 1909 Tenn. LEXIS 2 (1911); Sherman v. State, 125 Tenn. 19, 140 S.W. 209, 1911 Tenn. LEXIS 6 (Tenn. Sep. 1911).

The belief of the danger and the actual fear of it must exist at the very moment of the killing, though the danger need not exist and be imminent at the very moment of the killing, but if the defendant honestly fears, from all the circumstances, that it will exist and be imminent in a few moments, he may anticipate it, and slay his assailant. Allsup v. State, 73 Tenn. 362, 1880 Tenn. LEXIS 142 (1880); Hull v. State, 74 Tenn. 249, 1880 Tenn. LEXIS 243 (1880).

If the defendant be assaulted, being determined not to fight except in his self-defense, or being otherwise without fault in the particular transaction, or, if in fault, after using all means in his power to escape, and is in danger, or, on some reasonable ground, thinks himself in danger of his life or great bodily harm, the killing of his assailant will be justifiable. Hull v. State, 74 Tenn. 249, 1880 Tenn. LEXIS 243 (1880).

Where defendant in wrongful death action shot at prowler who was looking in her window and killed a bystander, fact that the person at whom she was shooting was guilty of a misdemeanor did not exonerate her from exercising ordinary care. Goodrich v. Morgan, 40 Tenn. App. 342, 291 S.W.2d 610, 1956 Tenn. App. LEXIS 154 (Tenn. Ct. App. 1956).

Where, in wrongful death action, defendant testified that he saw decedent looking in window of his sister's room with his hand on screen, and that when he flashed his light on him he ran away and when he did not stop after defendant called to him, defendant shot him, verdict for defendant was error. Gross v. Abston, 44 Tenn. App. 68, 311 S.W.2d 817, 1957 Tenn. App. LEXIS 151 (Tenn. Ct. App. 1957).

The right to kill in self-defense begins where the necessity begins and ends where the necessity ends and one cannot go further than is reasonably necessary in defense of his person. May v. State, 220 Tenn. 541, 420 S.W.2d 647, 1967 Tenn. LEXIS 435 (1967).

In prosecution of prison inmate for killing his cell mate where there was evidence in the record to the effect that defendant stabbed the deceased numerous times and upon being pulled off the deceased by guard was belligerent and vengeful and would have attacked again if he had not been restrained but defendant's own testimony was to the effect that he was subject to initial attack and had acted in self-defense, issue of self-defense was for the jury. May v. State, 220 Tenn. 541, 420 S.W.2d 647, 1967 Tenn. LEXIS 435 (1967).

3. Provocation.

If a person being on an affray, by making the first attack, he cannot excuse himself as for a killing or a stabbing in self-defense, unless he show that he quit, or offered to quit, the combat, and retreated as far as he could in safety, if the fierceness of his adversary permitted. Crowder v. State, 76 Tenn. 669, 1881 Tenn. LEXIS 61 (1881).

Every killing by one who provokes a quarrel is not a felonious homicide, and the right of self-defense exists, notwithstanding some fault in provoking the difficulty, unless it was provoked with the intent to kill his adversary, or to do him great bodily harm, or to afford him a pretext for wreaking his malice upon his adversary. Foutch v. State, 95 Tenn. 711, 34 S.W. 423, 1895 Tenn. LEXIS 146, 45 L.R.A. 687 (1895).

4. Use of Weapons.

The fact that the assaulted person was unlawfully carrying a pistol cannot interfere with his right to use it in his proper self-defense, where the facts justify his action, to save his life or person from great violence. State v. Bowling, 3 Shan. 110 (1880).

Where great bodily violence is being threatened or inflicted upon a weak person by one much stronger and heavier, with his fists, and with such determined energy that the person assaulted may reasonably apprehend death or great bodily injury, he is justified in using a deadly weapon upon his assailant. It makes no difference whether the bodily violence is being inflicted with a bludgeon or with the fists of an overpowering adversary of superior strength and greater size. State v. Bowling, 3 Shan. 110 (1880).

5. Defense of Home and Family.

A person has the right to protect his own home and family, to preserve peace, order, and the observance of decent behavior in his own house and in the presence of his family; to eject a drunken, disorderly, and dangerous person from his house; to use all force that may be required for that purpose; and, if resisted and exposed to danger by the intruder, he may exercise his right of self-defense, and is under no obligation to retreat or escape from his own premises to avoid trouble. State v. Foutch, 96 Tenn. 242, 34 S.W. 1, 1895 Tenn. LEXIS 29 (1896).

6. Offense Against Property.

Killing in protection of personal property from larceny is not justifiable unless the property could not be protected by other means, a mere attempt to commit a larceny not being a felony. Marks v. Borum, 60 Tenn. 87, 1873 Tenn. LEXIS 416, 25 Am. Rep. 764 (1873).

7. Evidence.

Where the case turns upon circumstantial evidence, testimony that the deceased was of mild and pacific temper and habits is admissible as a circumstance tending to aid the jury in ascertaining the probable grade of the offense. Carroll v. State, 22 Tenn. 315, 1842 Tenn. LEXIS 92 (1842).

The character of the deceased for violence as well as his animosity towards the defendant, as indicated by words and actions, then and before, were proper matters for the consideration of the jury in determining whether the defendant had reasonable grounds to fear death or great bodily harm. Rippy v. State, 39 Tenn. 217, 1858 Tenn. LEXIS 283 (1858); Williams v. State, 50 Tenn. 376, 1872 Tenn. LEXIS 5 (1872); Frazier v. State, 117 Tenn. 430, 100 S.W. 94, 1906 Tenn. LEXIS 56 (1906).

Where defendant raised issue of self-defense, in order for jury to determine whether or not the accused was acting under a reasonable fear of his own life, evidence of previous threats and acts of hostility by the victim, as well as his character and the facts and circumstances immediately preceding the assault should be admitted. Ellis v. State, 555 S.W.2d 731, 1977 Tenn. Crim. App. LEXIS 300 (Tenn. Crim. App. 1977).

Previous threats communicated to the defendant were admissible in evidence, and, when not communicated, they were admissible where the acts of the deceased at the fatal meeting were of doubtful character, as such threats tended to show his animus and illustrate his conduct. Jackson v. State, 65 Tenn. 452, 1873 Tenn. LEXIS 387 (1873); Little v. State, 65 Tenn. 491, 1873 Tenn. LEXIS 390 (1873); Fitzhugh v. State, 81 Tenn. 258, 1884 Tenn. LEXIS 35 (1884); Potter v. State, 85 Tenn. 88, 1 S.W. 614, 1886 Tenn. LEXIS 15 (1886); Gardner v. State, 121 Tenn. 684, 120 S.W. 816, 1908 Tenn. LEXIS 34 (1908).

8. Instructions.

“Great bodily harm” means “great personal violence” which need not necessarily endanger life; and it is error to define “great bodily harm” to be such as would give one reasonable apprehension that his life was in danger. Greer v. State, 65 Tenn. 629, 1872 Tenn. LEXIS 466 (1872); Hull v. State, 74 Tenn. 249, 1880 Tenn. LEXIS 243 (1880).

A charge misleading as eliminating the defense of self-defense, and as not requiring proof of the offense and venue beyond a reasonable doubt, is erroneous. Frazier v. State, 117 Tenn. 430, 100 S.W. 94, 1906 Tenn. LEXIS 56 (1906).

An instruction appropriate on the issue of retreat is contained in the opinion of State v. Kennamore, 604 S.W.2d 856, 1980 Tenn. LEXIS 498 (Tenn. 1980), superseded by statute as stated in, State v. Renner, — S.W.2d —, 1994 Tenn. Crim. App. LEXIS 192 (Tenn. Crim. App. Mar. 30, 1994).

9. Ineffective Assistance.

In action where inmate was charged with felony evading arrest, inmate did not prove ineffective assistance due to counsel's failure to raise inmate's mental issues to support a claim of self-defense under T.C.A. §§ 38-2-101, 38-2-102 or an insanity defense under T.C.A. § 39-11-501(a) based on medical reports addressing the inmate's “paranoid mental defect pertaining to interaction with police officers”, where: (1) the inmate had been repeatedly found competent to stand trial; (2) a psychiatrist reported that the inmate's mental health issues were controlled by medication; and (3) the inmate's claim that he was not taking his medication was not proven with counsel's testimony or medical proof as to the inmate's mental state at the time of the offenses. Paulson v. State, — S.W.3d —, 2012 Tenn. Crim. App. LEXIS 987 (Tenn. Crim. App. Dec. 5, 2012).

Collateral References.

Admissibility of evidence of battered child syndrome on issue of self-defense. 22 A.L.R.5th 787.

Admissibility of threats to defendant made by third parties to support claim of self-defense in criminal prosecution for assault or homicide. 55 A.L.R.5th 449.

Criminal liability where act of killing is done by one resisting felony or other unlawful act committed by defendant. 56 A.L.R.3d 239.

Homicide: modern status of rules as to burden and quantum of proof to show self-defense. 43 A.L.R.3d 221.

NOTES TO DECISIONS

1. Aiding Party in the Wrong.

A son had no legal right to intervene in defense of his father, and could not have relied upon the doctrine of self-defense in such intervention, unless the father could have relied upon such doctrine of self-defense, in his own behalf. Crowder v. State, 76 Tenn. 669, 1881 Tenn. LEXIS 61 (1881); Cooper v. State, 123 Tenn. 37, 138 S.W. 826, 1909 Tenn. LEXIS 2 (1911).

If the accused father was the wrongful aggressor, so that the deceased was entitled to act in self-defense, the accused son, knowingly and willingly aiding his father, was equally guilty with the father in killing the deceased. Cooper v. State, 123 Tenn. 37, 138 S.W. 826, 1909 Tenn. LEXIS 2 (1911).

2. Defense of Attacker.

Where the father was at fault by beginning a combat, before his son could be excused for stabbing in defense of his father, the father must have abandoned, or offered to abandon, the combat. Crowder v. State, 76 Tenn. 669, 1881 Tenn. LEXIS 61 (1881).

NOTES TO DECISIONS

1. Arrests for Threatened Breaches of Peace.

If a breach of the peace is threatened in the presence of the sheriff, he needs no warrant to arrest to prevent such breach, though a warrant is required for arrest for a misdemeanor committed out of his presence. State ex rel. Thompson v. Reichman, 135 Tenn. 653, 188 S.W. 225, 1916 Tenn. LEXIS 46 (1916), rehearing denied, 135 Tenn. 685, 188 S.W. 597, 1916 Tenn. LEXIS 47 (1916).

An officer may lawfully arrest a person if the actions of a person and the surrounding circumstances are such as to indicate a threatened breach of the peace, such as the transportation of intoxicating liquors, even though the officer does not see and know that the law is being violated. Hughes v. State, 145 Tenn. 544, 238 S.W. 588, 1921 Tenn. LEXIS 94, 20 A.L.R. 639 (1922).

2. Means of Preventing and Suppressing Crime.

While the sheriff is not bound to maintain a detective force, and there is no statute, in terms, making it his duty to swear out warrants or give information to the grand jury, but he being commanded to prevent and suppress crimes, public offenses, and breaches of the peace, it is incumbent on him to use all the means provided by law for the accomplishment of that end. State ex rel. Thompson v. Reichman, 135 Tenn. 653, 188 S.W. 225, 1916 Tenn. LEXIS 46 (1916), rehearing denied, 135 Tenn. 685, 188 S.W. 597, 1916 Tenn. LEXIS 47 (1916).

Collateral References.

Unlawful assembly, what constitutes offense of. 71 A.L.R.2d 875.

NOTES TO DECISIONS

1. In General.

When acting in a law enforcement capacity, a sheriff acts as a county official under Tennessee law. Spurlock v. Sumner County, 42 S.W.3d 75, 2001 Tenn. LEXIS 359 (Tenn. 2001).

2. Unlawful Assembly.

Evidence which showed that sheriff did nothing to suppress crowd gathered to prevent holding of quarterly court other than to state to the crowd that he would be ousted unless the crowd allowed court to meet established fact that sheriff had neglected his duty to suppress unlawful assemblies. Edwards v. State, 194 Tenn. 64, 250 S.W.2d 19, 1952 Tenn. LEXIS 352 (1952).

NOTES TO DECISIONS

1. Municipal Police.

Municipal policemen are civil officers. Cornett v. Chattanooga, 165 Tenn. 563, 56 S.W.2d 742, 1932 Tenn. LEXIS 86 (1933).

2. County Sheriff.

Memorandum of Agreement (MOA) between the United States Immigration and Customs Enforcement and the Metropolitan Government of Nashville and Davidson County, Tennessee, by and through the Davidson County Sheriff's Office, did not violate the Charter of Nashville and Davidson County because the sheriff had authority under the Charter to perform the duties enumerated in the MOA; while Nashville and Davidson County, Tenn., City Charter § 16.05 made the police chief the principal conservator of the peace, it did not expressly prohibit the sheriff from engaging in all activities that could conceivably be considered law enforcement, and the language of the Charter clearly contemplated that the principal conservator of the peace was not the only conservator of the peace. Renteria-Villegas v. Metro. Gov't, 382 S.W.3d 318, 2012 Tenn. LEXIS 734 (Tenn. Oct. 4, 2012).

NOTES TO DECISIONS

1. Offenses in Cities.

Where the sheriff has knowledge of neglect on the part of the police officials to perform their duties, or reason to think that there is neglect, he must inform himself and prevent and suppress offenses in cities as well as in rural districts. State ex rel. Thompson v. Reichman, 135 Tenn. 653, 188 S.W. 225, 1916 Tenn. LEXIS 46 (1916), rehearing denied, 135 Tenn. 685, 188 S.W. 597, 1916 Tenn. LEXIS 47 (1916).

Where the sheriff learned that a certain city in his county was collecting tribute from numerous liquor dealers operating in violation of law and leaving them otherwise undisturbed, this was notice to him that the law was being constantly violated and that no proper effort was being made to suppress the offenses or punish the offenders. State ex rel. Thompson v. Reichman, 135 Tenn. 685, 188 S.W. 597, 1916 Tenn. LEXIS 47 (1916).

2. Open Saloons.

While a sheriff is not required to make a forcible entrance into a suspected residence or place of business for the purpose of searching for the violation of the liquor laws, he or his deputies should enter open saloons and make arrests justified by what they can see therein. State ex rel. Thompson v. Reichman, 135 Tenn. 685, 188 S.W. 597, 1916 Tenn. LEXIS 47 (1916).

3. Threatened Offenses.

The sheriff's duty to prevent or suppress the commission of threatened offenses, after notice thereof, involves the duty at least to make some investigation, and it is not necessary, in case of unlawful sales of intoxicating liquors, for the sheriff actually to see sales before swearing out warrants. State ex rel. Thompson v. Reichman, 135 Tenn. 653, 188 S.W. 225, 1916 Tenn. LEXIS 46 (1916), rehearing denied, 135 Tenn. 685, 188 S.W. 597, 1916 Tenn. LEXIS 47 (1916).

It is the duty of the sheriff or constable to arrest, without a warrant, for the threatened unlawful sale of intoxicating liquors and to close the place of business, and such action is not unlawful as an arbitrary invasion of property rights, for such threatened sale is a threatened “breach of the peace.” State ex rel. Thompson v. Reichman, 135 Tenn. 653, 188 S.W. 225, 1916 Tenn. LEXIS 46 (1916), rehearing denied, 135 Tenn. 685, 188 S.W. 597, 1916 Tenn. LEXIS 47 (1916).

4. “Notice.”

A sheriff who has “notice” of an offense being committed, and does not do his duty to prevent it, is guilty of a misdemeanor. Any knowledge from any source is “notice” within the statute. State ex rel. Thompson v. Reichman, 135 Tenn. 653, 188 S.W. 225, 1916 Tenn. LEXIS 46 (1916), rehearing denied, 135 Tenn. 685, 188 S.W. 597, 1916 Tenn. LEXIS 47 (1916).

Collateral References.

Personal liability of policeman, sheriff, or similar peace officer or his bond, for injury suffered as a result of failure to enforce law or arrest law breaker. 41 A.L.R.3d 700.

NOTES TO DECISIONS

1. In General.

Where city policeman pursued the defendant beyond the city limits in an attempted arrest for an offense committed within his sight, arrest of the defendant who was assaulting county officer called to assist the city policeman was valid. Francis v. State, 498 S.W.2d 107, 1973 Tenn. Crim. App. LEXIS 263 (Tenn. Crim. App. 1973).

T.C.A. § 38-3-108 does not impose a duty upon police officers to enforce the law irrespective of whether the officers are on duty or off duty; rather, the section only delineates the general authority and responsibility of police officers. White v. Revco Disc. Drug Ctr., Inc., 37 S.W.3d 885, 2001 Tenn. LEXIS 508 (Tenn. 2001).

A police officer is not prohibited from assuming a duty to arrest, but T.C.A. § 38-3-108 has never been interpreted as imposing a never-ending duty to enforce the law. White v. Revco Disc. Drug Ctr., Inc., 37 S.W.3d 885, 2001 Tenn. LEXIS 508 (Tenn. 2001).

NOTES TO DECISIONS

1. Notice of Contemplated Forfeiture.

The clerk of the circuit court had no authority to issue notice of the contemplated forfeiture of a peace bond without an order of the court. State v. Dismukes, 101 Tenn. 694, 49 S.W. 756, 1898 Tenn. LEXIS 125 (1899).

Collateral References.

What constitutes breach of peace bond. 54 A.L.R. 388.

NOTES TO DECISIONS

1. Authority Outside Jurisdiction.

Because the record provided on appeal did not reflect a Tennessee Valley Authority officer's reason for stopping defendant outside of the jurisdiction for which the officer had authority under T.C.A. § 38-3-120, the trial court did not err in granting defendant's motion to suppress and in dismissing the indictment against defendant. State v. Cox, — S.W.3d —, 2011 Tenn. Crim. App. LEXIS 762 (Tenn. Crim. App. Oct. 6, 2011).

NOTES TO DECISIONS

1. Homicide Prosecutions.

Defendant in homicide prosecution had no constitutional right to a coroner's inquest since such inquest is not a part of criminal prosecution and is not admissible as evidence against defendant. Morton v. State, 3 Tenn. Crim. App. 195, 458 S.W.2d 808, 1970 Tenn. Crim. App. LEXIS 384 (Tenn. Crim. App. 1970).

Collateral References.

Disinterment in criminal cases. 63 A.L.R.3d 1294.

NOTES TO DECISIONS

1. Coroner's Inquest as Evidence.

In insurance litigation, the question whether coroner's inquest, in which jury found death as result of homicide, could be used as evidence, where record of bureau of vital statistics of certificate of attending physician showed death from suicide, was matter for determination of the court. Continental Casualty Co. v. Nashville & American Trust Co., 166 Tenn. 342, 61 S.W.2d 461, 1932 Tenn. LEXIS 138 (1933).

Collateral References.

Insurance, effect of coroner's verdict of suicide. 28 A.L.R.2d 352.

Reviewing, setting aside, or quashing of verdict at coroner's inquest. 78 A.L.R.2d 1218.

NOTES TO DECISIONS

1. Costs Chargeable to County.

A coroner's inquest is no part of a criminal prosecution, although it may discover facts which may lead to one; and the costs of same are properly chargeable to the county. Galloway v. Shelby County, 75 Tenn. 121, 1881 Tenn. LEXIS 84 (1881); Colquit v. State, 107 Tenn. 381, 64 S.W. 713, 1901 Tenn. LEXIS 87 (1901).

38-6-101. Bureau created — Director — Divisions of bureau.

1. 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 three (3) divisions, the criminal investigation division, the forensic services division, and the narcotics investigation division. 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.
2. 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. 1. 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:
         1. Two (2) members to be nominated by the speaker of the senate and elected by resolution of the senate;
         2. Two (2) members to be nominated by the speaker of the house of representatives and elected by resolution of the house of representatives; and
         3. The executive director of the district attorneys general conference.
      2. 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.

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.

Compiler's Notes. The Tennessee bureau of investigation, created by this section, terminates June 30, 2021. See §§ 4-29-112, 4-29-242.

Acts 2018, ch. 653, § 3 provided that the Tennessee bureau of investigation shall appear before the government operations joint evaluation committee on judiciary and government no later than December 31, 2018, to update the committee on the department's progress in addressing the findings set forth in the January 2018 performance audit report.

Cross-References. Commissioner of safety, salary, § 8-23-101.

Peace officer standards and training commission, director of bureau as member, § 38-8-102.

Registration of persons acting as law enforcement officers, § 8-8-221.

Representatives of Tennessee bureau of investigation as ex officio members of child sexual abuse task force, § 37-1-603.

38-6-102. Criminal investigation division — Criminal intelligence unit — Investigations into domestic terrorism — Emergency situation traffic stops.

1. 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.
2. 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:
      1. Fugitives from justice;
      2. 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;
      3. Employees or prospective employees of the bureau or the department of safety;
      4. Organized crime activities;
      5. 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;
      6. Victimization of children by means of a computer or other electronic communications device;
      7. Commission of an offense involving any form of trafficking prohibited by title 39, chapter 13, part 3; or
      8. Commission of an offense prohibited by title 39, chapter 14, part 3.
   2. 1. 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.
      2. 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.
      3. 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.
      4. 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.
      5. The bureau shall continue to utilize the communications systems of the department of safety.
      6. The bureau is also authorized, in consultation with the appropriate department or agency, to conduct an investigation into a violation of a criminal offense:
         1. 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;
         2. That resulted in state property being damaged or destroyed as a result of the offense; or
         3. That delayed the administration of state government at a significant cost to the state.
3. 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.
4. 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.
5. 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.
6. 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 committees of the senate and 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.

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.

Compiler's Notes. Acts 2001, ch. 313, § 2 provided that the 2001 amendment shall be void and cease to be of effect at any time federal funding is not available to fund the positions and operations required by the amendment.

Titles II and XVI of the Social Security Act, referred to in this section, are compiled as 42 U.S.C. § 401 et seq. and 42 U.S.C. § 1381 et seq., respectively.

Acts 2003, ch. 355, § 66 provided that no expenditure of public funds pursuant to the act shall be made in violation of the provisions of Title VI of the Civil Rights Act of 1964, as codified in 42 U.S.C. § 2000(d).

Acts 2003, ch. 355, § 73 provided that there is established within the general fund the state-shared revenue reduction mitigation account. Any amounts in the state-shared revenue reduction mitigation account shall be applied by the commissioner of finance and administration to offset reductions in state-shared revenues allocated to local governments pursuant to the provisions of the act so that such reductions shall not exceed nine percent (9%) of state-shared revenues that otherwise would have been allocated to any such local government. Funds shall be restored on a pro rata basis taking into account the percentage reduction to each local government from each state-shared revenue source.

For the Preamble to the act concerning a uniform framework of laws that will protect the rights of all Tennesseans to peacefully demonstrate, see Acts 2020 (2nd Ex. Sess.), ch. 3.

2020 (2nd Ex. Sess.), ch. 3, § 26 provided that the act, which amended this section, applies to offenses committed after August 20, 2020.

Amendments. The 2015 amendment added (b)(1)(G).

The 2016 amendment added (b)(1)(H).

The 2020 (2nd Ex. Sess.) amendment by ch. 3 added (b)(2)(F) and (f).

Effective Dates. Acts 2015, ch. 503, § 3. July 1, 2015.

Acts 2016, ch. 1041, § 2. April 28, 2016.

Acts 2020 (2nd Ex. Sess.), ch. 3, § 26. August 20, 2020.

Cross-References. Criminal gang offenses, § 40-35-121.

Disaster assistance, § 58-8-103.

Disposal of confiscated gambling devices, § 38-6-111.

Grand divisions, title 4, ch. 1, part 2.

Peace officers of the office of homeland security, § 38-3-114.

Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 1.21.

38-6-103. Forensic services division — Purchase of breathalyzer tests by local governments.

1. 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.
2. 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.
3. 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.
4. 1. 1. The following fees shall be adjudged as a part of the costs in each case upon conviction of the following offenses:
         1. Controlled substances, controlled substance analogues, narcotics, drugs  $20.00
         2. 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
         3. Certification of criminal histories and records  Amount  fixed by the federal  bureau of investigation
         4. 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 tax 13.75.
      2. Such fees shall be in addition to and not in substitution for any and all fines and penalties otherwise provided for by law.
      3. 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.
      4. 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.
5. 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).
6. 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.
7. 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.
8. 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.

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.

Amendments. The 2020 amendment, in (d)(1)(C), substituted “subdivision (d)(1)(A)(i)-(iv)” for “subdivision (d)(1)(A)” and deleted “by the Tennessee bureau of investigation” following “state treasury to be expanded” in the first sentence, and deleted the last three sentences, which read: “These fees shall be transmitted by the clerk of the court to the state treasurer for deposit in a fund to be used by the Tennessee bureau of investigation for the purpose of employing personnel; for the purchase of equipment and supplies; to pay for the education, training and scientific development of employees; or for any other purpose to allow the bureau's business to be done in a more efficient and expeditious manner. The moneys received in the fund shall be invested for the benefit of the fund by the state treasurer pursuant to § 9-4-603. Amounts in the fund shall not revert to the general fund of the state, but shall, together with interest income credited to the fund, remain available for expenditure in subsequent fiscal years.”; and added (d)(1)(D).

Effective Dates. Acts 2020, ch. 668, § 6. April 2, 2020.

Cross-References. Post-Mortem Examination Act, title 38, ch. 7.

38-6-104. Personnel — Injuries in the line of duty.

1. 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.
2. 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.

Acts 1951, ch. 173, § 4 (Williams, § 11465.13); Acts 1980, ch. 636, § 4; 1981, ch. 402, § 1; T.C.A. (orig. ed.), § 38-504.

Cross-References. Board of claims, title 9, ch. 8.

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.

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.

Code Commission Notes.

Former subsection (b), concerning an agent of the alcoholic beverage commission who retires after twenty-five years of service being issued a retired commission card and being authorized to retain the agent's service weapon, was transferred by the code commission to § 57-1-212 in 2006.

Amendments. The 2018 amendment rewrote the section which read: “Any agent 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, which shall identify the agent, the agent's department and rank, and the fact that the agent 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 of the bureau, the bureau shall authorize such agent, upon retirement, to retain the agent's service weapon, in recognition of the agent's many years of good and faithful public service.”

Effective Dates. Acts 2018, ch. 727, § 2. April 18, 2018.

38-6-106. Requests for investigative records — Background checks of appointees.

1. 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.
2. The governor, speaker of the senate, speaker of the house of representatives or chief justice is authorized to request the director of the Tennessee bureau of investigation to conduct a background investigation concerning any 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. The chair of the nominating commission appointed pursuant to § 38-6-101 is authorized to request a background investigation concerning any 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 private entity or the federal government to conduct the investigation. 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, which shall include fingerprint submissions of the potential appointee to both the Tennessee bureau of investigation and federal bureau of 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 entity 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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. Any report provided to the chair of the committee shall be treated as a confidential record that is not open to public inspection.

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.

Compiler's Notes. For the Preamble to the act concerning an orderly procedure for the appointment, confirmation, and retention of appellate court judges as required by Tennessee Constitution, Article VI, Section 3, please refer to Acts 2016, ch. 528.

Amendments. The 2016 amendment added (g).

Effective Dates. Acts 2016, ch. 528, § 23. January 28, 2016.

Cross-References. Confidentiality of public records, § 10-7-504.

38-6-107. Certification of records by director.

1. 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.
2. The procedures provided for in subsection (a) shall be filed with the secretary of state.

Acts 1981, ch. 512, § 8; T.C.A., § 38-507.

38-6-108. Use of dogs to detect illicit substances.

The Tennessee bureau of investigation is authorized to utilize dogs trained to detect marijuana and other illicit substances in its work, as may be desirable and appropriate.

Acts 1983, ch. 120, § 2.

Law Reviews.

Selected Tennessee Legislation of 1983 (N. L. Resener, J. A. Whitson, K. J. Miller), 50 Tenn. L. Rev. 785 (1983).

38-6-109. Verification of criminal violation information.

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.

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.

Compiler's Notes. For transfer of certain duties from the department of human services to the department of health, see Executive Order No. 6 (January 12, 1996).

Amendments. The 2016 amendment added (e).

The 2018 amendment added (f).

Effective Dates. Acts 2016, ch. 729, § 2. April 7, 2016.

Acts 2018, ch. 799, § 7. July 1, 2018.

38-6-110. Central registry for sexual offenders.

1. 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.
2. 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.

Acts 1985, ch. 478, § 36; 1989, ch. 278, § 45; 1996, ch. 1079, § 122.

Compiler's Notes. For transfer of certain duties from the department of human services to the department of health, see Executive Order No. 6 (January 12, 1996).

Cross-References. Child sexual abuse, title 37, ch. 1, part 6.

Sexual offender registration and monitoring, title 40, ch. 39, part 2.

Tennessee serious and violent sexual offender monitoring, title 40, ch. 39, part 3.

Law Reviews.

Let's Talk About Sexting, Baby: A Mens Rea-Centered Approach to the Sexting Issue in Tennessee (Emily Long), 42 U. Mem. L. Rev. 1139 (2012).

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.

Acts 1987, ch. 450, § 1; 1996, ch. 675, § 19.

Cross-References. Gambling, title 39, ch. 17, part 5.

Attorney General Opinions. “Gambling device” construed to include gambling software, OAG 98-0173 (8/28/98).

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.

Acts 1990, ch. 976, § 1.

Cross-References. Duties of attorney general and reporter, §§ 2-10-109, 3-6-103.

Legal department, title 4, ch. 3, part 15.

38-6-113. DNA analysis — Procedures for collection and preservation of human biological specimens.

1. 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.
2. 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.
3. 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.
4. 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.

Acts 1991, ch. 480, § 1; 1995, ch. 131, § 1; 2006, ch. 723, § 1; 2010, ch. 964, § 1.

Cross-References. Biological specimens for DNA analysis, persons convicted of certain offenses, § 40-35-321.

DNA analysis, admissibility in evidence, § 24-7-118.

Post-conviction DNA Analysis Act of 2001, title 40, ch. 30, part 3.

Collateral References.

Validity, construction, and operation of state DNA database statutes. 76 A.L.R.5th 239.

38-6-114. Course of instruction concerning human trafficking.

1. 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.
2. 1. The course or courses of instruction and the guidelines shall emphasize:
      1. The dynamics and manifestations of human trafficking;
      2. Identifying and communicating with victims;
      3. Providing documentation that satisfies the peace officers standards and training (POST) commission requirements;
      4. Collaboration with federal law enforcement officials;
      5. Appropriate investigative techniques for the particular victim or victim type;
      6. The availability of civil and immigration remedies and community resources; and
      7. 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.
3. 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.
4. 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.
5. 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:
      1. Council of juvenile and family court judges, including juvenile court administrators, juvenile court youth services officers, and juvenile court probation officers;
      2. Department of children's services;
      3. Department of education;
      4. Department of health;
      5. Department of human services;
      6. Department of mental health and substance abuse services;
      7. Department of safety;
      8. Department of labor and workforce development;
      9. District attorneys general conference;
      10. District public defenders conference;
      11. Office of the attorney general and reporter;
      12. Tennessee association of chiefs of police;
      13. [Deleted by 2017 amendment.]
      14. Tennessee sheriffs' association;
      15. Tennessee judicial conference;
      16. Tennessee general sessions judges conference; and
      17. 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.
6. 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.

Acts 2015, ch. 503, § 1; 2016, ch. 979, §§ 2, 3; 2017, ch. 326, § 3.

Compiler's Notes. Former § 38-6-114 (Acts 1993, ch. 350, § 4; 1995, ch. 325, § 2; 1997, ch. 232, § 2; 1997, ch. 305, § 2; 2000, ch. 947, § 8K; 2000, ch. 981, § 51), concerning fingerprint analysis for local boards and organizations, was repealed by Acts 2000, ch. 981, § 16, effective July 1, 2000. For present law, see § 38-6-109.

Amendments. The 2016 amendment, in (e)(1), added “, including juvenile court administrators, juvenile court youth services officers, and juvenile court probation officers” at the end of (A), and added (O)-(Q).

The 2017 amendment deleted former (e)(1)(M) which read “Tennessee economic council on women;”.

Effective Dates. Acts 2015, ch. 503, § 3. July 1, 2015.

Act 2016, ch. 979, § 5. July  1, 2016.

Acts 2017, ch. 326, § 6. July 1, 2017.

38-6-115. Notification of the district attorney general.

If the bureau is investigating the possible commission of any offense specified in § 38-6-102(b), the bureau may, but is not required to, notify the district attorney general where the investigation is being conducted of the investigation.

Acts 1995, ch. 469, § 2.

38-6-116. Tennessee internet criminal information center.

1. 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.
2. 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.
      1. 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;
      2. 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.
3. 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.

Acts 1997, ch. 341, § 1; 2011, ch. 263, § 1; 2011, ch. 268, § 1; 2012, ch. 727, § 4.

Compiler's Notes. The toll-free hotline referred to in (a) can be reached at 1-888-837-4170.

The URL for the state of Tennessee is http://www.state.tn.us.

The URL of the web site for the TICIC is http://www.ticic.state.tn.us.

For the preamble to the act concerning transfers of certain functions relating to probation and parole services and the community correction grant program from the board of probation and parole to the department of correction, please refer to Acts 2012, ch. 727.

38-6-117. Missing children registry.

1. 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.
2. 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.”
3. The bureau shall place, maintain and update the missing children registry on the state of Tennessee's internet home page.
4. 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.
5. The bureau shall update the missing children's web page to reflect that a missing child has been recovered.

Acts 1997, ch. 342, § 1; 2014, ch. 588, § 1.

Compiler's Notes. The URL for the state of Tennessee is http://www.state.tn.us.

The URL of the web site for the TICIC is http://www.ticic.state.tn.us.

Amendments. The 2014 amendment added (e).

Effective Dates. Acts 2014, ch. 588, § 2. July 1, 2014.

38-6-118. Expunged criminal offender and pretrial diversion database.

1. 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:
      1. 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;
      2. 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
      3. 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.
2. 1. When a judge or district attorney general 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:
      1. Has a prior felony or Class A misdemeanor conviction;
      2. Has ever previously been granted a type of diversion; and
      3. 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 or district attorney general. The bureau shall not be required to search any other source or database in order to make the certification required by this section.
3. Funding for the operational expenses of this section shall be as stated under § 40-32-101(d)(2) [repealed].
4. Except for the purpose of certifying to judges and district attorneys general 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).
5. 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.

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.

Compiler's Notes. Section 40-32-101(d)(2), referred to in subsection (c), was repealed by Acts 2019, ch. 200, § 1.

Amendments. The 2020 amendment substituted “remittance to the state treasury to be deposited in the general fund of the state” for “deposit in the special fund established in § 40-32-101(d) and shall be used by the bureau for the purposes specified under § 40-32-101(d)” at the end of (e).

Effective Dates. Acts 2020, ch. 668, § 6. April 2, 2020.

Cross-References. Confidentiality of public records, § 10-7-504.

Penalties for Class A, B and C misdemeanors, § 40-35-111.

38-6-119. Protection and security for facilities, employees, and grounds — Powers — Instruction.

1. 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.
2. Such uniformed officers shall have full power to carry firearms and make arrests for any offenses under the laws of the state of Tennessee.
3. 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.

Acts 2002, ch. 519, § 1.

Cross-References. Jerry F. Agee Tennessee law enforcement training academy, title 38, ch. 8, part 2.

38-6-120. Criminal history information compiled from intrastate sources — Fees.

1. 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.
2. The fee per record for criminal history information provided pursuant to this section is twenty-nine dollars ($29.00) per name submitted.

Acts 2004, ch. 552, § 1.

38-6-121. Care Alert program.

1. 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 the Care Alert program. This program shall be coordinated by local law enforcement agencies which may choose to seek the assistance of nonprofit organizations such as A Child is Missing, the Alzheimer's Association, or Alzheimer's Tennessee. Local law enforcement agencies are encouraged to develop area-specific protocols for implementation of this program. The Tennessee bureau of investigation is encouraged to develop an appropriate card patterned after the first two (2) sections of the Amber Alert Activation Card but addressing the situation of missing citizens who have wandered due to dementia or physical impairment. This card, if produced, would be distributed to appropriate law enforcement personnel; provided, however, that nothing in this subsection (a) shall be deemed to mandate the development, production, and distribution of the card.
2. For the purpose of 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 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.
3. 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 is urged to begin an investigation immediately.
   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 alert shall be sent to media outlets in this state at the discretion of the local law enforcement agency. Media outlets shall be 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, it shall 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 shall 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 endangered missing person.
   4. Additional local resources that can be utilized, including, but not limited to, reserve units, emergency service units, air support, K-9 units, or automated phone dialer capabilities, shall be identified and maintained as part of the local law enforcement agency's program. Local law enforcement agencies are strongly encouraged to collaborate with surrounding law enforcement agencies to identify additional resources available that will help aid in the safe recovery of endangered missing persons. Local law enforcement agencies may choose to seek the assistance of nonprofit organizations including, but not limited to, A Child is Missing, the Alzheimer's Association, Alzheimer's Tennessee, or the Center for Human Identification.
   5. The alert shall be cancelled by the local law enforcement agency upon notification that the missing citizen has been found, including cancellation of the missing person entry into NCIC.
   6. Nothing contained in this section is intended to deter a law enforcement agency from seeking to find any missing individual as set out by its own policies and procedures.
4. The Tennessee bureau of investigation, the Tennessee Sheriffs' Association and the Tennessee Association of Chiefs of Police are encouraged to educate law enforcement as to the requirements of the Care 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.

Acts 2009, ch. 590, § 1; 2010, ch. 733, § 1; 2016, ch. 682, §§ 1-5; 2016, ch. 972, §§ 1, 2.

Amendments. The 2016 amendment by ch. 682 substituted “Care Alert program” for “missing citizen alert program” at the end of the second sentence of (a) and near the middle of (d); substituted “dementia, physical impairment, or disability” for “dementia or physical impairment” in the first sentence of (a) and near the end of (c)(1); rewrote (b) which read, “(b) For the purpose of this section, ‘missing citizen’ means a person:“(1) Whose whereabouts are unknown;“(2) Whose age at the time the person is first reported missing is sixty (60) years of age or older and who has an impaired mental condition as determined by a local law enforcement agency; and“(3) Who is believed to be in danger because of age, health, mental or physical disability, in combination with environmental or weather conditions, or is believed to be unable to return to safety without assistance; or“(4) A person of any age who suffers from a documented case of dementia, whose whereabouts are unknown, and who is believed to be in danger because of the dementia or physical impairment, and is believed to be unable to return to safety without assistance.”; in (c)(1), substituted “subdivision (b)(1)” for “subdivisions (b)(1)-(3)” near the beginning and substituted “subdivision (b)(2) or (b)(3)” for “subdivision (b)(4)” near the middle; and substituted “a physical impairment, dementia, physical disability, intellectual disability, or mental health condition” for “an impaired mental condition or physical impairment” in  (c)(2).

The 2016 amendment  by ch. 972, in (a),  substituted “nonprofit organizations such as A Child is Missing, the Alzheimer's Association, or Alzheimer's Tennessee” for “nonprofit organizations such as A Child is Missing or the Alzheimer's Association” at the end of the third sentence, and added the last two sentences; and inserted “, Alzheimer's Tennessee,” in the last sentence of (c)(4).

Effective Dates. Acts 2016, ch. 682, § 6. March 24, 2016.

Act 2016, ch. 972, § 3. April 27, 2016.

Cross-References. Programs and services for elderly persons, title 71, ch. 2.

38-6-122. Blue Alert system.

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.

Acts 2011, ch. 190, § 1.

38-6-123. Inventory of sexual assault collection kits.

1. 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.
2. 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.
3. 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.
4. 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.

Acts 2014, ch. 733, § 1.

Code Commission Notes.

Acts 2014, ch. 856, § 1 purported to enact § 38-6-123.  Section 38-6-123 was previously enacted by Acts 2014, ch. 733, § 1; therefore, the enactment by Acts 2014, ch. 856, § 1 was designated as § 38-6-124 by the code commission.

Compiler's Notes. Pursuant to Article III, Section 18 of the Constitution of Tennessee, Acts 2014, ch. 733 took effect on April 21, 2014.

Effective Dates. Acts 2014, ch. 733, § 2. April 21, 2014. [See the Compiler’s Notes.]

Cross-References. Reporting requirement satisfied by notice to general assembly members of publication of report, § 3-1-114.

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.

Acts 2014, ch. 856, § 1.

Code Commission Notes.

Acts 2014, ch. 856, § 1 purported to enact § 38-6-123.  Section 38-6-123 was previously enacted by Acts 2014, ch. 733, § 1; therefore, the enactment by Acts 2014, ch. 856, § 1 was designated as § 38-6-124 by the code commission.

Compiler's Notes. Pursuant to Article III, Section 18 of the Constitution of Tennessee, Acts 2014, ch. 856 took effect on April 29, 2014.

Effective Dates. Acts 2014, ch. 856, § 2. April 29, 2014. [See the Compiler's Notes.]

38-6-125. Help Find the Missing Act.

1. This section shall be known and may be cited as the “Help Find the Missing Act”.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. Nothing in this section prohibits law enforcement agencies or regional forensic centers from maintaining case files related to missing citizens or unidentified bodies.
11. 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.

Acts 2017, ch. 239, § 1.

Effective Dates. Acts 2017, ch. 239, § 2.  July 1, 2017.

38-6-126. Transfer of fire investigations section within fire prevention division of department of commerce and insurance to bureau of investigation.

1. The fire investigations section within the fire prevention division of the department of commerce and insurance is transferred to the Tennessee bureau of investigation.
2. 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.
3. 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.
4. 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.
5. 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.

Acts 2019, ch. 487, § 1.

Compiler's Notes. Acts 2019, ch. 487, § 11 provided that all rules and regulations governing the fire investigations section promulgated by the department of commerce and insurance in effect on May 24, 2019, shall be transferred to the Tennessee bureau of investigation, and assigned an appropriate new control number by the secretary of state, and shall remain in full force and effect until modified or repealed by the Tennessee bureau of investigation. The bureau may promulgate rules and regulations to effectuate the purposes of the act.

Effective Dates. Acts 2019, ch. 487, § 12. May 24, 2019.

38-6-127. Applicability of endangered child and young adult alert program to endangered person under 21 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-one (21) years of age and who meets the criteria of being endangered, as established or determined by the bureau.

Acts 2020, ch. 595, § 2.

Compiler's Notes. 2020, ch. 595, § 1 provided that the act shall be known and may be cited as the “Holly Bobo Act.”

Effective Dates. Acts 2020, ch. 595, § 3. March 20, 2020.

Part 2
Narcotics Investigation Division

38-7-101. Short title.

This part shall be known and may be cited as the “Post-Mortem Examination Act.”

Acts 1961, ch. 174, § 1; T.C.A., § 38-701.

Cross-References. Autopsy by consent of persons having custody of body, § 68-4-111.

Evidence of crimes, title 38, ch. 1, part 1.

Health authorities and recipients of dead bodies to be notified of communicable diseases or AIDS, § 68-5-102.

Inquests, title 38, ch. 5.

Power of attorney for health care decisions, § 34-6-204.

Registration of persons acting as law enforcement officers, § 8-8-221.

Textbooks. Tennessee Forms (Robinson, Ramsey and Harwell), No. 4-103.

Tennessee Jurisprudence, 8 Tenn. Juris., Criminal Procedure, § 26, 9 Tenn. Juris., Dead Bodies, § 2.

Law Reviews.

Criminal Law and Procedure (Robert E. Kendrick), 14 Vand. L. Rev. 1220.

Attorney General Opinions. The Post-Mortem Examination Act, T.C.A. § 38-7-101 et seq., does not authorize a county medical examiner to deputize a non-physician investigator to perform the county medical examiner's powers and duties under the act, OAG 02-021 (2/26/02).

Nothing in the Post-Mortem Examination Act, T.C.A. § 38-7-101 et seq., prohibits a county medical examiner from employing a non-physician to draw bodily fluids, take temperatures, or manipulate a body so long as such non-physician is carrying out such tasks under the supervision, direction, and control of the county medical examiner in order to assist the county medical examiner in performing the medical examiner's powers and duties under the Act, OAG 02-064 (5/17/02).

Nothing in the Post-Mortem Examination Act, T.C.A. § 38-7-101, prohibits a county medical examiner from employing such non-physician personnel as may be necessary in order to assist the county medical examiner in performing his powers and duties under the Act, as long as any such assistants act under the county medical examiner's supervision, direction, and control, OAG 02-064 (5/17/02).

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.

Acts 1961, ch. 174, § 2; 1980, ch. 810, § 2; T.C.A., § 38-702; Acts 2008, ch. 969, § 1.

Compiler's Notes. This section may be affected by § 9-1-116, concerning entitlement to funds, absent appropriation.

38-7-103. Chief medical examiner — Deputies and assistants — Duties and authority.

1. 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.
2. 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.
3. 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.

Acts 1961, ch. 174, § 3; T.C.A., § 38-703; Acts 1994, ch. 775, §§ 1, 2; 2008, ch. 969, §§ 2-4.

Cross-References. Grand divisions, title 4, ch. 1, part 2.

Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 27.102.

38-7-104. County medical examiner.

1. 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.
2. 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.
3. 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.
4. 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].
5. 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.
6. 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.
7. 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.

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.

Compiler's Notes. Former § 38-7-111, referred to in this section, was repealed by Acts 2008, ch. 969, § 19, effective July 1, 2008.

Acts 2003, ch. 90, § 2 provided that the chief executive officer of each county shall be redesignated and hereafter referred to as the county mayor, effective July 1, 2003.

Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 27.102.

Law Reviews.

Selected Tennessee Legislation of 1983 (N. L. Resener, J. A. Whitson, K. J. Miller), 50 Tenn. L. Rev. 785 (1983).

38-7-105. Facility for performance of autopsies.

1. 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.
2. 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.

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.

Amendments. The 2018 amendment rewrote the section which read: “(a) All autopsies must be performed at a facility accredited by the National Association of Medical Examiners (NAME). A facility must receive accreditation from NAME within one (1) year of July 1, 2012, maintain accreditation and operate pursuant to NAME guidelines unless the facility operates in a county which qualifies for an extension under subsection (b).“(b)  A facility must receive accreditation from NAME within one (1) year of July 1, 2014, maintain accreditation and operate pursuant to NAME guidelines if the facility is located in any county having a population of not less than three hundred thirty-six thousand four hundred (336,400) nor more than three hundred thirty-six thousand five hundred (336,500), according to the 2010 federal census or any subsequent federal census.”

Effective Dates. Acts 2018, ch. 572, § 2. March 16, 2018.

Attorney General Opinions. T.C.A. § 38-7-105 expresses a legislative preference for the performance of medicolegal autopsies at a state medical examiner's facility, but the language is not a clear mandate requiring that a state medical examiner's facility accept any and all autopsies from every Tennessee county; thus, the commissioner of health and the chief medical examiner may establish reasonable policies and practices respecting the availability of the state medical examiner's facility, and these policies and practices could include, for example, reasonable geographical limitations upon the autopsies to be accepted by the facility, OAG 01-32 (3/12/01).

Former subsection (b) of T.C.A. § 38-7-105 exempted only the metropolitan government of Nashville and Davidson County from the requirements of T.C.A. § 38-7-105(a), OAG 01-32 (3/12/01).

38-7-106. When autopsies authorized — Notice to next of kin — Donor eyes and eye tissues.

1. 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.
2. 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.

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.

Cross-References. Autopsies authorized by criminal court upon application of the district attorney general, § 38-1-104.

Law Reviews.

The Tennessee Court Systems — Prosecution, 8 Mem. St. U.L. Rev. 477 (1978).

38-7-107. Disinterment to perform autopsy.

1. 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:
      1. A state or county medical examiner;
      2. The district attorney general of the district in which it is claimed the death occurred;
      3. The district attorney general of the district in which an act causing the death occurred; or
      4. 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:
      1. The person's death occurred under one (1) of the circumstances set out in this part;
      2. The person was buried or interred before an autopsy could be performed; or
      3. 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:
      1. The county in which it is claimed that the death occurred;
      2. The county in which the act causing the death occurred; or
      3. 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.
2. 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.

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.

Amendments. The 2016 amendment rewrote (a) which read: “(a) On request of a state or county medical examiner, a district attorney general may petition a circuit or criminal court judge to order a body disinterred and an autopsy performed when a person's death occurred under the circumstances outlined in this part, and the person was interred before an autopsy could be performed. The petition shall set forth the district attorney general's belief that the death in question was subject to post-mortem examination or autopsy as provided by this part and the reasons that actuate the district attorney general's belief as to the circumstances of the death. The petition may be presented during a term of court or in vacation and either in the county in which it is claimed that the death occurred or in any other county of a judicial district, and the judge shall have the power and authority to pass upon the petition in any county of the judge's district. When known or reasonably ascertainable, a copy of the petition shall be served upon the next of kin of the deceased.”

Effective Dates. Acts 2016, ch. 799, § 2. July 1, 2016.

Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 27.102.

Attorney General Opinions. Payment of costs of autopsies, OAG 96-034 (3/7/96).

Collateral References.

Disinterment in criminal cases. 63 A.L.R.3d 1294.

38-7-108. Death under suspicious, unusual or unnatural circumstances.

1. 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.
2. 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.
3. 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.

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.

Cross-References. Recipients of dead bodies to be notified of communicable diseases and AIDS, § 68-5-102.

Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 27.102.

38-7-109. Investigation by county medical examiner.

1. 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.
2. 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.

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.

Cross-References. Recipients of dead bodies to be notified of communicable diseases and AIDS, § 68-5-102.

Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 27.102.

Law Reviews.

Symposium: “One Advocate's ‘Junk Science’ Is Another Advocate's Evidence: Forging New Paths In Forensic Science”: Keynote Address: Crime Scene Investigations: A Primer For Legal Advocates, 6 Tenn. J. L. & Pol'y 192 (2010).

38-7-110. Records received as evidence — Person preparing report may be subpoenaed as witness — Reports as public documents — Release of reports.

1. 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.
2. 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.
3. Subject to subsection (d), the reports of the county medical examiners, toxicological reports and autopsy reports shall be public documents. Medical records of deceased persons, law enforcement investigative reports, and photographs, video and other images of deceased persons shall not be public records.
4. 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.
5. 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:
      1. The chief medical examiner;
      2. A county medical examiner;
      3. A medical investigator;
      4. A coroner;
      5. A deputy or assistant state medical examiner or forensic pathologist under the control or direction of the chief medical examiner; or
      6. A deputy or assistant county medical examiner or forensic pathologist under the control or direction of a county medical examiner.

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.

Amendments. The 2014 amendment rewrote (e) which read: “If it is necessary to prepare a post mortem examination report, then notwithstanding the provisions of § 38-7-117, the state medical examiner, the deputies, and assistants of the state medical examiner, each county medical examiner and the deputies, assistants and pathologists may subpoena a needed medical, mental health or hospital record pertaining to a case under investigation pursuant to § 38-7-106.”

Effective Dates. Acts 2014, ch. 944, § 3. May 19, 2014.

Cross-References. Confidentiality of public records, § 10-7-504.

Textbooks. Tennessee Criminal Practice and Procedure (Raybin), §§ 23.52, 27.102.

Law Reviews.

Constitutional Law — Tennessee Code Annotated Section 55-10-410 — An Unnecessary Relinquishment of Confrontation Rights, 5 Mem. St. U.L. Rev. 443 (1975).

Symposium: “One Advocate's ‘Junk Science’ Is Another Advocate's Evidence: Forging New Paths In Forensic Science”: Keynote Address: Crime Scene Investigations: A Primer For Legal Advocates, 6 Tenn. J. L. & Pol'y 192 (2010).

38-7-111. [Repealed.]

Compiler's Notes. Former § 38-7-111 (Acts 1961, ch. 174, § 10; T.C.A., § 38-711), concerning the costs of autopsies in cases resulting in criminal conviction, was repealed by Acts 2008, ch. 969, § 19, effective July 1, 2008.

38-7-112. Immunity of persons performing examinations and autopsies.

A person who in good faith performs a medical examination or an autopsy under this part is immune from civil or criminal liability in performing the authorized service.

Acts 1961, ch. 174, § 11; T.C.A., § 38-712; Acts 1994, ch. 775, § 9.

38-7-113. Refusal or neglect to comply with § 38-7-108 — Penalty.

Any person who neglects or refuses to comply with § 38-7-108 commits a Class E felony.

Acts 1961, ch. 174, § 12; T.C.A., § 38-713; Acts 1989, ch. 591, § 111; 1994, ch. 775, § 10.

Cross-References. Penalty for Class E felony, § 40-35-111.

38-7-114. [Repealed.]

Compiler's Notes. Former § 38-7-114 (Acts 1961, ch. 174, § 13; 1969, ch. 297, § 1; 1977, ch. 141, § 2; T.C.A., § 38-714), concerning the legislative intent of the part, was repealed by Acts 2008, ch. 969, § 20, effective July 1, 2008.

38-7-115. [Repealed.]

Compiler's Notes. Former § 38-7-115 (Acts 1965, ch. 224, § 1; T.C.A., § 38-715; Acts 1994, ch. 775, § 11), concerning pathology examinations and autopsies for victims of airplane accidents, was repealed by Acts 2008, ch. 969, § 21, effective July 1, 2008.

38-7-116. [Repealed.]

Compiler's Notes. Former § 38-7-116 (Acts 1984, ch. 859, § 1; 1994, ch. 775, §§ 12-14), concerning fire death victims, was repealed by Acts 2008, ch. 969, § 22, effective July 1, 2008.

38-7-117. Subpoena of medical and hospital records.

1. 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.
2. 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.
3. As used in this section:
   1. “Authorized post-mortem official” means:
      1. The chief medical examiner;
      2. A county medical examiner;
      3. A medical investigator;
      4. A coroner;
      5. A deputy or assistant state medical examiner or forensic pathologist under the control or direction of the chief medical examiner; or
      6. 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.

Acts 1994, ch. 775, § 15; 2014, ch. 944, § 2.

Amendments. The 2014 amendment rewrote the section which read: “The state medical examiner, the deputies and assistants of the state medical examiner and each county medical examiner, through the appropriate district attorney general, may subpoena a needed medical and hospital record pertaining to a case under investigation under § 38-7-106.”

Effective Dates. Acts 2014, ch. 944, § 3. May 19, 2014.

38-7-118. Delivery of remains to family following autopsy.

The body or remains of any dead human subject to an autopsy or pathology examination pursuant to this part shall be delivered to the next of kin as soon as practicable after the completion of the autopsy or pathology examination.

Acts 2004, ch. 643, § 1.

38-7-119. Unauthorized video or audio recordings of autopsies.

1. 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).
2. 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.
3. 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:
      1. The next-of-kin or personal representative of the deceased in the following order of priority:
         1. Spouse;
         2. Any adult child;
         3. Parents;
         4. Any sibling; or
         5. Administrator or executor, if appointed;
      2. A law enforcement agency or district attorney general, for official use only;
      3. A court order or subpoena; or
      4. 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.
4. 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.
5. 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.
6. 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.

Acts 2005, ch. 216, § 1; 2009, ch. 276, §§ 1, 2.

Compiler's Notes. The federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), referred to in this section, is Pub. L. No. 104-191, which is compiled throughout Titles 18, 29 and 42. Provisions pertaining to transmission of health information are found at 42 USCS 1320d et seq.

Cross-References. Penalty for Class A misdemeanor, § 40-35-111.

Part 2
Tennessee Medical Examiner Advisory Council

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. “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;
3. “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;
4. “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;
5. “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
6. 1. “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.
   2. 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.

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.

Cross-References. Acting as peace officers for office of homeland security, § 38-3-114.

Investigations of police officers, title 38, ch. 8, part 3.

Registration of persons acting as law enforcement officers, § 8-8-221.

Law Reviews.

Selected Tennessee Legislation of 1983 (N. L. Resener, J. A. Whitson, K. J. Miller), 50 Tenn. L. Rev. 785 (1983).

Attorney General Opinions. Part-time or reserve status does not disqualify officers from being considered qualified law enforcement officers for the purpose of the Law Enforcement Officers Safety Act of 2004, OAG 05-029 (3/21/05).

38-8-102. Tennessee peace officer standards and training commission — Creation and composition.

1. There is established the Tennessee peace officer standards and training commission, referred to in this part as the “commission.”
2. 1. The commission shall consist of:
      1. The attorney general and reporter, or the attorney general and reporter's designee;
      2. 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;
      3. Two (2) sheriffs and two (2) municipal chiefs of police, who shall be appointed by the governor and serve at the governor's pleasure;
      4. One (1) nonsupervisory police officer, who shall be appointed by the governor for a term of four (4) years;
      5. 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;
      6. 1. 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;
         2. (a)  Except as otherwise provided in this subdivision (b)(1)(F)(ii):
            1. (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;
            2. 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
      7. 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.
3. The members of the commission shall elect the chair of the commission.
4. 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).

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.

Compiler's Notes. The Tennessee peace officers standards and training commission, created by this section, terminates June 30, 2025. See §§ 4-29-112, 4-29-246.

Acts 2012, ch. 986, § 48 provided that all rules, regulations, orders, and decisions heretofore issued or promulgated by any of the boards or commissions, which the act terminates or merges into another board or commission, shall remain in full force and effect. In the case of the boards or commissions that are merged with another board or commission by the act, all final rules, regulations, orders, and decisions together with any matters that are pending on October 1, 2012, shall hereafter be administered, enforced, modified, or rescinded in accordance with the law applicable to the continuing board or commission.

Amendments. The 2015 amendment added “, or the attorney general and reporter's designee” to the end of (b)(1)(A) and substituted “voting” for “nonvoting” preceding “members” in (b)(1)(E).

The 2017 amendment added (d).

The 2018 amendment rewrote (b)(1)(F) which read: “Two (2) citizens who are not connected with law enforcement to serve for a term of two (2) years, one (1) of whom shall be appointed by a resolution of the house of representatives and one (1) of whom shall be appointed by a resolution of the senate; and”.

Effective Dates. Acts 2015, ch. 37, § 5. March 27, 2015.

Acts 2017, ch. 301, § 4. July 1, 2017.

Acts 2018, ch. 989, § 2. May 21, 2018.

Attorney General Opinions. When a person serving as a commissioner experiences a change of status whereby he/she no longer fits the criteria set forth by law, he/she is no longer eligible to serve as a member of the POST commission, and that position becomes vacant by that commissioner's ineligibility. OAG 05-088 (5/24/05).

POST certification of bailiffs and court officers.  OAG 10-107, 2010 Tenn. AG LEXIS 113 (10/28/10).

38-8-103. Director — Staff — Expenses of members.

1. The director of the Jerry F. Agee Tennessee law enforcement training academy shall serve as the executive secretary of the commission.
2. Staff for the commission shall be provided through the law enforcement training academy.
3. 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.

Acts 1981, ch. 455, § 2; T.C.A., § 38-11-103.

Attorney General Opinions. The duality of function created by the director of the Tennessee law enforcement training academy acting as the executive secretary of the Tennessee peace officer standards and training commission does not violate the intent or the mandate of any law or constitutional provision regarding a conflict of interest, OAG 06-120 (8/1/06).

There is no conflict or other legal impediment in the staff for the Tennessee peace officer standards and training commission being provided through the Tennessee law enforcement training academy, OAG 06-120 (8/1/06).

38-8-104. Powers and duties of commission.

1. 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.
2. 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.
3. The commission is authorized to adopt and enforce such rules and regulations as may be necessary to carry out this chapter.
4. 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.
5. 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).
6. The commission shall establish standards for the certification of railroad police officers commissioned pursuant to § 65-6-133.
7. 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.

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.

Compiler's Notes. Acts 2009, ch. 372, § 4, provided that the act, which added §§ 38-8-104(f), 38-8-107(e), and 65-6-133(h), shall apply to any railroad police officer commissioned pursuant to § 65-6-133 on or after July 1, 2009.

Amendments. The 2017 amendment, in (a), inserted “police recruits and” in (4), inserted  “and universities, colleges, community colleges, colleges of applied technology, and other educational institutions” in (5), (6), and (8), substituted “and universities, colleges, community colleges, colleges of applied technology,” for “and with universities, colleges, junior colleges” in (7), and substituted “the state of Tennessee” for the first occurrence of “the state” in (8); and added (g).

Effective Dates. Acts 2017, ch. 151, § 4. July 1, 2017.

Attorney General Opinions. There is no requirement that the person filing a complaint with the peace officers standards and training commission be a law enforcement agency or have any particular standing, but only the commission can actually vote to suspend or revoke the certification of an officer, OAG 00-191 (12/20/00).

Certification requirements for police officers, OAG 05-131 (8/24/05).

The Peace Officer Standards & Training (POST) Commission has authority to impose a fee for both statewide and nationwide certification and, in its discretion, to determine a reasonable fee for the issuance of firearm certifications. The Commission may also establish such rules and regulations as are necessary to administer its duties. OAG 18-44, 2018 Tenn. AG LEXIS 41 (9/18/2018).

38-8-105. Minimum standards binding on governmental entities — Penalty for violation.

1. 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.
2. 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).
3. 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.
4. 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 and an honorably discharged veteran of the United States armed forces; 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.

Acts 1981, ch. 455, § 5; 1982, ch. 747, §§ 1, 2; 1989, ch. 591, §§ 1, 6; T.C.A., § 38-11-105; 2015, ch. 498, § 1.

Code Commission Notes.

The misdemeanor in this section has been designated as a Class A misdemeanor by authority of § 40-35-110, which provides that an offense designated a misdemeanor without specification as to category is a Class A misdemeanor. See also § 39-11-114.

Amendments. The 2015 amendment added (d).

Effective Dates. Acts 2015, ch. 498, § 3. May 20, 2015.

Cross-References. Penalty for Class A misdemeanor, § 40-35-111.

Attorney General Opinions. Applicability to capitol police officers, OAG 84-247 (8/21/84).

Neither federal nor state law prohibits the department of safety from hiring a non-citizen as a trooper, and the status of the law was the same in 1998, OAG 05-053 (4/20/05).

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 its equivalent, which shall include a general educational development (GED(R)) certificate;
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.

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.

Code Commission Notes.

The provisions in subdivision (3), which formerly permitted a high school equivalency degree from a correspondence school to be sufficient proof of a high school education to qualify such person to be a police officer, ceased to be effective April 4, 2002. At such time, a high school degree or general educational development (GED(R)) certificate is required to satisfy § 38-8-106(3). However, the repeal of the amendment to subdivision (3) by Acts 2001, ch. 42, § 2 shall not disqualify any person who, by virtue of such repealed provision, has become employed as a police officer or has received a certificate of compliance from the peace officers standards and training commission certifying that the person meets the qualifications required by § 38-8-106, from remaining a police officer or certified as qualified to be a police officer.

Amendments. The 2015 amendment rewrote (2), which read, “Be a citizen of the United States;”.

Effective Dates. Acts 2015, ch. 498, § 3. May 20, 2015.

Attorney General Opinions. Peace officers standards and training (POST) pre-employment requirements, OAG 00-026 (2/15/00).

Finding of criminal contempt not conviction under T.C.A. § 38-8-106(4), OAG 03-071 (5/27/03).

Person who has been convicted of or pleaded guilty or entered a plea of nolo contendere to a charge or violation as set forth at T.C.A. § 38-8-106(4) is not eligible for employment as a police officer, even though the conviction or plea was entered in another state and was subsequently set aside under a law of that state, OAG 03-095 (7/28/03).

Agency can prohibit off-duty carrying of firearms by part-time or reserve police officers, OAG 05-029 (3/21/05).

Certification requirements for police officers, OAG 05-131 (8/24/05).

Restoration of citizenship rights will not make a person eligible for employment as a police officer or for election or appointment as a sheriff, OAG 06-045 (3/10/06).

Where a candidate for chief of police pled guilty to the misdemeanor offense of “attempt to commit a felony,” the Peace Officer Standards and Training Commission could properly grant a waiver of preemployment requirements to allow the candidate to serve, OAG 06-173 (12/4/06).

38-8-107. Certification of officers — In-service training by employing agency.

1. 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.
2. 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.
3. The commission may issue a certificate to any person who has received training in another state if the commission determines that such training is at least equivalent to that required by the commission for approved police education and training programs in this state and when such person has satisfactorily complied with all other requirements of this chapter.
4. 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.
5. 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.

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.

Compiler's Notes. Acts 2009, ch. 372, § 4, provided that the act, which added §§ 38-8-104(f), 38-8-107(e), and 65-6-133(h), shall apply to any railroad police officer commissioned pursuant to § 65-6-133 on or after July 1, 2009.

Amendments. The 2017 amendment rewrote (a) which read: “(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 after July 1, 1983, must successfully complete recruit training within one (1) year of their date of employment and thereafter must successfully complete an annual in-service training session appropriate for their rank and responsibilities.”

Effective Dates. Acts 2017, ch. 151, § 4. July 1, 2017.

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.

Acts 1981, ch. 455, § 8; T.C.A., § 38-11-108.

38-8-109. Stricter qualifications and standards by employing agency.

Nothing in this chapter shall be construed to preclude an employing agency from establishing qualifications and standards for hiring and training police officers that exceed those set by the commission.

Acts 1981, ch. 455, § 9; T.C.A., § 38-11-109.

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.

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.

1. 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.
2. 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.
3. 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).
4. Any municipality or county legislative body may by resolution choose, by a two-thirds (2/3) 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.
5. 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).
6. 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.
7. The Tennessee peace officer standards and training commission is authorized to carry out the provisions of § 8-4-115.

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.

Code Commission Notes.

This section may be affected by § 9-1-116, concerning entitlement to funds, absent appropriation.

Compiler's Notes. Acts 1992, ch. 600, § 2 provided that the 1992 amendment by that act was retroactive to include potential supplements for the years 1990 and 1991 for any law enforcement officer who served in Operation Desert Storm.

Acts 1993, ch. 374, § 6 provided that nothing in the amendment by that act shall be construed as prohibiting any sheriff in office on July 1, 1993, from seeking re-election and being re-elected to such office.

Amendments. The 2016 amendment added (a)(4).

The 2017 amendment added (e)(2).

The 2019 amendment substituted “eight hundred dollars ($800)” for “six hundred dollars ($600)” near the end of the first sentence in  (a)(1).

Effective Dates. Acts 2016, ch. 530, § 3. February, 1, 2016.

Acts 2017, ch. 301, § 4. July 1, 2017.

Acts 2019, ch. 152, § 3. July 1,  2019.

Cross-References. Child sexual abuse instruction included as part of in-service training requirement for salary supplement eligibility, § 37-1-603.

Driver license photo fee allocated to police pay supplement, § 55-50-324.

Police pay supplement fund, § 9-4-204.

38-8-112. Courses on use of citations in lieu of arrest — Domestic violence training — Procedures to respond to persons with mental illness.

The curriculum requirements of the Tennessee peace officer standards and training commission established by this part shall include materials concerning the use of citations in lieu of arrest and domestic violence training and proper procedures to respond to persons with mental illnesses.

Acts 1985, ch. 320, § 9; 2001, ch. 3, § 1; 2007, ch. 259, § 2.

Cross-References. Domestic abuse, title 36, ch. 3, part 6.

Domestic violence state coordinating council, title 38, ch. 12.

Domestic violence training for firefighters, § 4-24-111.

Emergency detention of mentally ill persons, §§ 33-6-401, 33-6-402.

Use of citations in lieu of arrest, § 40-7-118.

38-8-113. Choke hold and restraining maneuver training.

Use of choke holds and other similar restraining maneuvers, with or without the use of a police baton, if included in the training curriculum, shall be taught to candidates at state law enforcement training facilities as an alternative method of restraint to be used after mace or other less dangerous methods of restraint have failed to be effective or are unavailable.

Acts 1994, ch. 893, § 1.

Cross-References. Use of chokeholds, § 38-3-121.

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.

Acts 1996, ch. 985, § 1.

Cross-References. Grand divisions, title 4, ch. 1, part 2.

38-8-115. Safe Neighborhoods Act of 1998.

1. This section shall be known and may be cited as the “Safe Neighborhoods Act of 1998.”
2. 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.
3. 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.

Acts 1998, ch. 1030, § 1; 1999, ch. 129, § 1.

Compiler's Notes. The Violent Crime Control and Law Enforcement Act of 1994, referred to in this section, was enacted on September 13, 1994, as 103 P.L. 322.

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.

1. 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.
2. 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.
3. 1. 1. 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.
      2. 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. 1. 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.
      2. 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:
      1. 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;
      2. 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
      3. 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. 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)(5), or from other information, that the applicant:
         1. 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
         2. 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.
      2. 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.
4. 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.
5. 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.
6. The Tennessee POST commission is authorized to establish and charge a fee for issuing a certification under this section.
7. 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.

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.

Amendments. The 2016 amendment, in (c)(6),  redesignated and amended the former first sentence as the present introductory language of (A) by substituting “or from other information, that the applicant:” for “or from other information that comes to the attention of the Tennessee POST commission, that the officer does not meet the eligibility to carry a firearm under this section”, added (A)(i) and (A)(ii), and redesignated the former second sentence as present (B); and added (g).

The 2019 amendment effective January 1, 2020, substituted “§ 39-17-1351 or § 39-17-1366” for “§ 39-17-1351” at the end of (c)(6)(A)(i).

Effective Dates. Act 2016, ch. 1054, § 3. July 1, 2016.

Act 2019, ch. 479, § 22. January 1, 2020.

Cross-References. Noise control at sport shooting ranges, § 39-17-316.

Attorney General Opinions. The Peace Officer Standards & Training (POST) Commission has authority to impose a fee for both statewide and nationwide certification and, in its discretion, to determine a reasonable fee for the issuance of firearm certifications. The Commission may also establish such rules and regulations as are necessary to administer its duties. OAG 18-44, 2018 Tenn. AG LEXIS 41 (9/18/2018).

38-8-117. Training in animal and canine behavior.

1. 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.
2. 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.
3. 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.
4. 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.

Acts 2004, ch. 940, § 2.

Compiler's Notes. Acts 2004, ch. 940, § 1 provided that the act shall be known and may be cited as the “General Patton Act of 2003.”

Acts 2004, ch. 940, § 8 provided that the provisions of this act shall not apply to any animal while that animal is being used for training, for an occupational purpose, or for hunting.

38-8-118. Employment of private special deputies for security and law enforcement.

1. 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.
2. 1. 1. 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.
      2. 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:
      1. Meets all of the qualifications for a police officer set out in § 38-8-106;
      2. Proves financial responsibility as provided in subdivision (b)(2); and
      3. 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.
3. 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.
4. 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:
      1. 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;
      2. 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
      3. 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).
5. This section shall not entitle any private special deputy to any public funding, for training or otherwise.

Acts 2006, ch. 862, § 2; 2009, ch. 284, §§ 1-5.

38-8-119. Training to respond to mentally ill persons.

All police officers shall annually be provided with training in proper procedures to respond to persons with mental illnesses.

Acts 2007, ch. 259, § 3; 2011, ch. 106, § 1.

Cross-References. Emergency detention of mentally ill persons, §§ 33-6-401, 33-6-402.

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.

Acts 2007, ch. 341, § 3.

38-8-121. Substitution of training in school policing for continuing education hours.

A law enforcement officer may substitute a maximum of forty (40) hours of successfully completed training in school policing for regular continuing education hours.

Acts 2007, ch. 341, § 4.

Cross-References. Training to respond to mentally ill persons, § 38-8-119.

38-8-122. Substitution of training in courthouse security for continuing education hours.

A law enforcement officer may substitute a maximum of forty (40) hours of successfully completed training in courthouse security for regular continuing education hours.

Acts 2008, ch. 1152, § 2.

38-8-123. Determination of eligibility of retired officer to carry a firearm under federal law.

1. The Tennessee POST commission shall determine a retired officer's eligibility to carry a firearm under federal law as provided in this section.
2. 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.
3. 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:
      1. Within thirty (30) days from receipt of the fingerprints conduct:
         1. 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;
         2. A criminal history record check based upon one (1) set of the fingerprints received and send the results to the Tennessee POST commission; and
      2. 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.
4. 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.

Acts 2011, ch. 413, § 3.

Attorney General Opinions. The Peace Officer Standards & Training (POST) Commission has authority to impose a fee for both statewide and nationwide certification and, in its discretion, to determine a reasonable fee for the issuance of firearm certifications. The Commission may also establish such rules and regulations as are necessary to administer its duties. OAG 18-44, 2018 Tenn. AG LEXIS 41 (9/18/2018).

38-8-124. Providing false information to POST.

1. 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.
2. 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.
3. 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:
      1. Tennessee wildlife resources agency;
      2. Tennessee public utility commission;
      3. Division of forestry; or
      4. 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).

Acts 2012, ch. 858, § 1; 2017, ch. 94, § 82.

Amendments. The 2017 amendment in (c)(1)(B) substituted “Tennessee public utility commission” for “Tennessee regulatory authority”.

Effective Dates. Acts 2017, ch. 94, § 83. April 4, 2017.

38-8-125. Government participation in certain voluntary motor vehicle checkpoints and stops prohibited.

1. “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.
2. 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.
3. Subsection (b) is applicable regardless of whether the checkpoint is funded by federal grant or contract with a federal agency and regardless of whether the motorists consenting to giving a human sample are compensated or not.

Acts 2014, ch. 578, § 1.

Effective Dates. Acts 2014, ch. 578, § 2. March 28, 2014.

38-8-126. Arrest of officer — Notification requirements — Suspension or revocation.

1. 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.
2. 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).

Acts 2017, ch. 301, § 2.

Effective Dates. Acts 2017, ch. 301, § 4. July 1, 2017.

Part 2
Jerry F. Agee Tennessee Law Enforcement Training Academy

38-11-101 — 38-11-107. [Obsolete.]

Compiler's Notes. Former part 1, §§ 38-11-101 — 38-11-107 (Acts 1980, ch. 862, §§ 1-7; T.C.A., § 38-13-101 — 38-13-107), concerning the Project Caanan, was deleted as obsolete by the Tennessee Code Commission in 2003.

Part 2
County Bounty Act [Repealed]