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§ 40-29-103. Notice to District Attorney General and to United States Attorney - Before the petition of a person rendered infamous or deprived...
§ 40-29-104. Costs - The petitioner shall pay the costs of this application. Code...
Part 2 - Voting Rights
§ 40-29-204. Persons Never Eligible to Register and Vote - Notwithstanding this part, the following persons shall never be eligible...
§ 40-29-205. Certificate of Voting Rights Restoration Form - The coordinator of elections shall prepare a certificate of voting...
Chapter 30 - Post-Conviction Procedure
Part 1 - General Provisions
§ 40-30-101. Short Title - This part shall be known and may be referred to...
§ 40-30-103. Grounds for Relief - Relief under this part shall be granted when the conviction...
§ 40-30-112. Notice of Final Judgments by Clerk of Court - The clerk of the court shall send a copy of...
§ 40-30-115. Determination of Indigency — Appointment of Counsel and Court Reporters - Indigency shall be determined and counsel and court reporters appointed...
§ 40-30-116. Appeal After Final Judgment - The order granting or denying relief under this part shall...
§ 40-30-118. Promulgation of Rules - The supreme court may promulgate rules of practice and procedure...
§ 40-30-119. Bail During New Trial or Delayed Appeal — Exception - When a new trial or delayed appeal is granted, release...
§ 40-30-121. Priority - Post-conviction cases where the petitioner is under the death sentence...
§ 40-30-122. Interpretation - For purposes of this part, a new rule of constitutional...
Part 2 - Post-Conviction Defender Oversight Commission Act of 2011
§ 40-30-201. Short Title - This part shall be known and may be cited as...
§ 40-30-207. Conflict of Interest and Substitute Counsel - If at any time during the representation of two (2)...
§ 40-30-208. Appointment of Assistants and Other Staff — Method of Payments - The post-conviction defender is authorized to appoint, employ, and establish,...
§ 40-30-210. Records and Reports - The post-conviction defender shall keep appropriate records and make annual...
Part 3 - Post-Conviction Dna Analysis Act of 2001
§ 40-30-301. Short Title - This part shall be known and may be cited as...
§ 40-30-302. “Dna Analysis” Defined - As used in this part, unless the context otherwise requires,...
§ 40-30-303. Petition Requesting Analysis - Notwithstanding part 1 of this chapter, or any other provision...
§ 40-30-304. Court Order if Probable That Exculpatory Results Would Not Have Resulted in Prosecution or Conviction - After notice to the prosecution and an opportunity to respond,...
§ 40-30-305. Court Order if Probable That Results Would Have Resulted in a More Favorable Verdict or Sentence - After notice to the prosecution and an opportunity to respond,...
§ 40-30-306. Payment for Analysis - In the case of an order issued pursuant to §...
§ 40-30-307. Appointment of Counsel for Indigents - The court may, at any time during proceedings instituted under...
§ 40-30-308. Court Order for Production of Laboratory Reports, Underlying Data and Notes - If evidence has previously been subjected to DNA analysis by...
§ 40-30-309. Preservation of Evidence During Pendency of Proceeding — Sanctions - When the petition is not summarily dismissed, the court shall...
§ 40-30-310. Laboratory Standards - If the court orders analysis, it shall select a laboratory...
§ 40-30-311. Orders in Discretion of Court - The court may, in its discretion, make such other orders...
§ 40-30-312. Analysis Results — Dismissal of Petition — Order for Hearing - If the results of the post-conviction DNA analysis are not...
§ 40-30-313. Payment for Analysis - If an order is issued requiring a DNA analysis be...
Chapter 31 - Interstate Compact on Detainers
§ 40-31-101. Enactment of Agreement — Text - The agreement on detainers is hereby enacted into law and...
§ 40-31-102. “Appropriate Court” Defined - Appropriate court,” as used in the agreement on detainers, with...
§ 40-31-103. Enforcement of Agreement — Cooperation With Party States - All courts, departments, agencies, officers and employees of this state...
§ 40-31-104. Escape From Temporary Custody - Any prisoner released to temporary custody under the provisions of...
§ 40-31-105. Surrender of Prisoner Mandatory - It is lawful and mandatory upon the warden or other...
§ 40-31-108. Distribution of Copies of Enactment - Copies of this chapter shall, upon its approval, be transmitted...
Chapter 32 - Destruction of Records Upon Dismissal or Acquittal
§ 40-32-103. Prior Charges - This chapter applies to those persons charged with a misdemeanor...
§ 40-32-104. Penalties - Any person who violates this chapter commits a Class A...
Chapter 33 - Forfeitures
Part 1 - Forfeiture of Conveyances
§ 40-33-103. Commencement of Action for Determination of Forfeiture - In the event of seizure pursuant to § 40-33-102, proceedings...
§ 40-33-105. Removal of Forfeited Conveyance - When a conveyance is forfeited under this part, the director...
§ 40-33-106. Jurisdiction Over Disposition of Conveyance - In any county having more than one (1) circuit court,...
§ 40-33-107. Procedure for Determination of Forfeiture - In all cases of seizure of any conveyance subject to...
§ 40-33-109. Claim Not Filed — Disposition of Conveyance - If no claim is interposed, the conveyance shall be forfeited...
§ 40-33-111. Lien for Fees of Attorney for Accused - The right to a forfeiture as provided in this part...
Part 2 - Forfeiture Procedures Generally
§ 40-33-201. Application - All personal property, including conveyances, subject to forfeiture under §...
§ 40-33-202. Part Definitions - As used in this part, unless the context otherwise requires:
§ 40-33-212. Settlement Agreements - Only the chief administrative officer of the seizing agency, or...
§ 40-33-214. Rules - Any applicable agency authorized to conduct forfeiture hearings pursuant to...
Chapter 34 - Contract Sentencing
§ 40-34-101. Short Title - This chapter shall be known as and may be cited...
§ 40-34-102. Authority to Establish Program - The commissioner of correction and the board of parole are...
§ 40-34-103. Sentence Agreements — Notice to Officials and Victims - Impl. am. Acts 1979, ch. 359, §§ 5, 26; Acts...
§ 40-34-104. Coordination of Contract Sentencing Program - The governor shall appoint a person to coordinate the contract...
§ 40-34-105. Establishment of Alternative Objectives of Programs — Removal of Prisoner From Program - Impl. am. Acts 1979, ch. 359, §§ 5, 26; Acts...
§ 40-34-106. Prisoners Not Exempt From Department Regulations - Nothing in this chapter shall be construed to exempt any...
Chapter 35 - Tennessee Criminal Sentencing Reform Act of 1989
§ 40-35-101. Short Title - This chapter shall be known and may be cited as...
§ 40-35-102. Purpose of Chapter - The foremost purpose of this chapter is to promote justice,...
§ 40-35-103. Sentencing Considerations - To implement the purposes of this chapter, the following principles...
§ 40-35-113. Mitigating Factors - If appropriate for the offense, mitigating factors may include, but...
§ 40-35-114. Enhancement Factors - If appropriate for the offense and if not already an...
§ 40-35-119. Classification of Prior Unclassified Felony Offenses - Any prior felony offense committed between July 1, 1982, and...
§ 40-35-123. Neighborhood Protection Act — Injunctive Relief Against Offenders Entering Residential Area - 17-417;
Part 2 - Procedure for Imposing Sentence
§ 40-35-208. Filing of Report — Availability to Parties - The presentence report shall be filed with the clerk of...
§ 40-35-211. Court to Impose Determinate Sentences Only - In fixing a sentence for a felony or misdemeanor, the...
§ 40-35-216. First Hours Served Hour for Hour - Notwithstanding any other law or judgment of conviction to the...
Part 3 - Sentences
§ 40-35-302. Misdemeanor Sentencing — Rehabilitative Program Credits — Probation — Supervision of Defendants on Probation - not less than nor more than 4,700 4,750 7,100 7,175...
§ 40-35-305. Appearance Bond - Upon the imposition of a sentence involving release into the...
§ 40-35-309. Probation Authorized Outside Jurisdiction of Court — Transfer or Retention of Jurisdiction - Whenever a court authorizes a defendant sentenced to supervised probation...
§ 40-35-312. Costs of Revocation Proceeding - In case of a revocation of a suspension, the costs...
Part 4 - Appeal of Sentence -
Part 5 - Release and Parole
§ 40-35-505. Orientation to Post-Release or Parole Issues - Before the release of an inmate under this chapter, the...
Chapter 36 - Community Corrections
§ 40-36-101. Short Title - This chapter shall be known and may be cited as...
§ 40-36-102. Chapter Definitions - As used in this chapter, unless the context otherwise requires:
§ 40-36-103. Purposes of Chapter - The purposes of this chapter are to:
§ 40-36-104. Goals of This Chapter - This chapter is intended to accomplish the following goals:
§ 40-36-105. Duties of the Department of Correction - In addition to those otherwise provided by law, the department...
Part 2 - Local Community Corrections Advisory Board -
Part 3 - Finances -
Chapter 38 - Victims' Rights
Part 1 - Victims' Bill of Rights
§ 40-38-106. Property Offenses — Rights of Victims - Victims of crimes involving offenses against property shall have the...
§ 40-38-108. Immunity for Failure to Comply - Failure to comply with any provision of this part shall...
§ 40-38-109. Notice to Crime Victims of Eligibility for Compensation - The office of the district attorney general shall notify, in...
§ 40-38-113. Information Required to Be Provided to Victim by Law Enforcement Agencies - Law enforcement agencies shall provide notice of the following information...
§ 40-38-117. Victim's Right to Refuse Interview With Defendant - Any victim of crime has the right to refuse a...
Part 2 - Victim Impact Statement Act
§ 40-38-201. Short Title - This part shall be known and may be cited as...
§ 40-38-202. Sentencing Judge to Consider Impact Statement Prior to Sentencing - The sentencing judge shall solicit and consider a victim impact...
§ 40-38-203. Part Definitions - As used in this part, unless the context otherwise requires:
§ 40-38-205. Impact Statement to Be Part of Presentence Report — Contents — Number of Statements - Prior to imposition of sentence in a felony case, the...
§ 40-38-206. Filing of Presentence Report - The presentence report shall be filed with the clerk of...
§ 40-38-207. Impact Statement to Be Considered as Evidence - Any victim impact statement submitted to the court under §...
§ 40-38-208. Submission of Statement or Cooperation in Preparation of Statement Not Required - This part shall not be construed to require a victim...
Part 3 - Constitutional Rights of Victims
§ 40-38-302. Part Definitions - As used in this part, unless the context otherwise requires:...
Part 4 - Senator Tommy Burks Victim Assistance Academy
§ 40-38-401. Creation - There is created the Senator Tommy Burks victim assistance academy,...
§ 40-38-402. Expenses — Grants - The academy shall be attached to the Tennessee Coalition Against...
§ 40-38-403. Purpose - Notwithstanding its association with the Tennessee Coalition Against Domestic and...
§ 40-38-404. Funding - Funding for the academy shall come from grants, donations, gifts...
§ 40-38-405. Use of State Funds - The department of finance and administration, office of criminal justice...
Part 5 - Statewide Automated Victim Information and Notification System
§ 40-38-501. Creation - There is created the statewide automated victim information and notification...
§ 40-38-502. System Attached to Tennessee Sheriffs’ Association — Payment of Administrative Expenses Out of the Statewide Automated Victim Information and Notification System Fund - The victim notification system shall be attached to the Tennessee...
§ 40-38-503. Purpose - Notwithstanding its association with the Tennessee sheriffs' association, the purpose...
§ 40-38-504. Funding - Funding for the victim notification system shall come from grants,...
§ 40-38-505. Grants From the Statewide Automated Victim Information and Notification System Fund — Plan for Use of the Moneys - The department of finance and administration, office of criminal justice...
§ 40-38-506. Computer Related Expenses - Upon the initial deposit of thirty-four thousand dollars ($34,000) into...
Part 6 - Home Address Confidentiality Program
§ 40-38-601. Part Definitions - As used in this part:
§ 40-38-603. Eligibility to Participate in Address Confidentiality Program - A person who is required by law to be registered...
Chapter 39 - Offender Registration and Monitoring
Part 1 - Tennessee Animal Abuser Registration Act
§ 40-39-101. Short Title - This part shall be known and may be cited as...
§ 40-39-102. Part Definitions - As used in this part:
§ 40-39-104. Promulgation of Rules - The TBI may promulgate rules to effectuate the purposes of...
Part 2 - Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004
§ 40-39-202. Part Definitions - As used in this part, unless the context otherwise requires:
§ 40-39-208. Violations — Penalty — Venue — Providing Records for Prosecution - I, , HAVING BEEN APPOINTED BY THE DIRECTOR OF THE...
§ 40-39-209. Removing Records From Sor - Except as otherwise provided in § 40-39-207(a)-(d), no record shall...
§ 40-39-210. Death of Offender - Upon receipt of notice of the death of a registered...
Part 3 - Tennessee Serious and Violent Sex Offender Monitoring Pilot Project Act
§ 40-39-301. Part Definitions - As used in this part, unless the context otherwise requires:
§ 40-39-306. Sharing of Criminal Incident Information Across State Agencies and With Vendor — Correlation Reports - Notwithstanding any other provision of law, the department of correction,...