Criminal investigation division — Criminal intelligence unit — Investigations into domestic terrorism — Emergency situation traffic stops

Tenn. Code Ann. § 38-6-102, under General Provisions.

Tenn. Code Ann. § 38-6-102

(a) The criminal investigation division shall consist of not less than six (6) persons who shall be experienced in the detection of crime and in criminal work generally. The director, with the approval of the governor, however, may increase the number of persons employed in the criminal investigation division, to such number as may be found to be feasible and necessary. At least two (2) of the criminal investigators shall be normally detailed to service in each grand division of the state, but the director shall have power to detail any and all of the investigators to service in grand divisions in case of emergency. The director, upon the request of the district attorney general of any judicial district, may assign the criminal investigators to aid that district attorney general in the investigation of any crime committed in the district attorney general's judicial district, but only when the district attorney general requests such aid. When detailed by the director to aid the district attorney general, the criminal investigators shall have full power to issue subpoenas for witnesses, serve the subpoenas, administer oaths to witnesses as they may summon, to take written statements from them and, when so detailed, shall have the same powers with reference to the execution of criminal process, making arrests, and the like, as does the sheriff of the county in which the investigators are at work.

(b) (1) Investigators of the bureau of investigation are authorized, without a request from the district attorney general, to make investigations in connection with any matters pertaining to:(A) Fugitives from justice;(B) Commission of any offense prohibited by title 39, chapter 16, part 4, or any other offense involving corruption of or misconduct by a public official;(C) Employees or prospective employees of the bureau or the department of safety;(D) Organized crime activities;(E) Fraudulent conduct involving social security administration Title II and Title XVI disability programs; provided, however, that the authority conferred upon the bureau by this subdivision (b)(1)(E) shall automatically terminate upon discontinuation of federal funding for reimbursement of bureau costs associated with investigations of fraudulent conduct involving Title II and Title XVI disability programs;(F) Victimization of children by means of a computer or other electronic communications device;(G) Commission of an offense involving any form of trafficking prohibited by title 39, chapter 13, part 3; or(H) Commission of an offense prohibited by title 39, chapter 14, part 3.(2) (A) For the purposes of subsection (b), “organized crime” is defined as the unlawful activities of the members of an organized, disciplined association engaged in supplying illegal goods and services, including, but not limited to, gambling, prostitution, loan sharking, narcotics, labor racketeering, and other unlawful activities of members of such organizations.(B) The bureau is authorized to investigate allegations of felonious conduct resulting in serious bodily injury to a state inmate who is housed in a county or private correctional facility where the alleged perpetrator is an official, employee or trustee of the county or a private vendor if, after the district attorney general is notified by the department of correction of such felonious conduct, the district attorney general refuses to request the bureau to make an investigation. The bureau shall forward the results of any such investigation to the department of correction and the district attorney general.(C) The bureau also is authorized, upon the request of the governor, the attorney general and reporter, any member of the board, the commissioner of correction or a district attorney general to conduct investigations into allegations of fraud, corruption, or dishonesty involving the granting, revoking or denying of paroles, release classification status or executive clemency of any type. The governor, a district attorney general, the attorney general and reporter, or the board of parole acting at the request of the governor, may request the assistance of the bureau to determine whether any recipient of executive clemency of any type has been or is presently abiding by the terms and conditions imposed upon the governor's granting of executive clemency of any type.(D) The bureau shall coordinate its activities whenever possible with municipal, county, and federal police agencies with emphasis toward providing strike force capabilities to high crime areas within the state. (E) The bureau shall continue to utilize the communications systems of the department of safety.(F) The bureau is also authorized, in consultation with the appropriate department or agency, to conduct an investigation into a violation of a criminal offense:(i) In which the victim of the offense is a state employee or contractor who was acting in the employee or contractor's official capacity at the time of the offense;(ii) That resulted in state property being damaged or destroyed as a result of the offense; or(iii) That delayed the administration of state government at a significant cost to the state.

(1) Investigators of the bureau of investigation are authorized, without a request from the district attorney general, to make investigations in connection with any matters pertaining to:(A) Fugitives from justice;(B) Commission of any offense prohibited by title 39, chapter 16, part 4, or any other offense involving corruption of or misconduct by a public official;(C) Employees or prospective employees of the bureau or the department of safety;(D) Organized crime activities;(E) Fraudulent conduct involving social security administration Title II and Title XVI disability programs; provided, however, that the authority conferred upon the bureau by this subdivision (b)(1)(E) shall automatically terminate upon discontinuation of federal funding for reimbursement of bureau costs associated with investigations of fraudulent conduct involving Title II and Title XVI disability programs;(F) Victimization of children by means of a computer or other electronic communications device;(G) Commission of an offense involving any form of trafficking prohibited by title 39, chapter 13, part 3; or(H) Commission of an offense prohibited by title 39, chapter 14, part 3.

(A) Fugitives from justice;

(B) Commission of any offense prohibited by title 39, chapter 16, part 4, or any other offense involving corruption of or misconduct by a public official;

(C) Employees or prospective employees of the bureau or the department of safety;

(D) Organized crime activities;

(E) Fraudulent conduct involving social security administration Title II and Title XVI disability programs; provided, however, that the authority conferred upon the bureau by this subdivision (b)(1)(E) shall automatically terminate upon discontinuation of federal funding for reimbursement of bureau costs associated with investigations of fraudulent conduct involving Title II and Title XVI disability programs;

(F) Victimization of children by means of a computer or other electronic communications device;

(G) Commission of an offense involving any form of trafficking prohibited by title 39, chapter 13, part 3; or

(H) Commission of an offense prohibited by title 39, chapter 14, part 3.

(2) (A) For the purposes of subsection (b), “organized crime” is defined as the unlawful activities of the members of an organized, disciplined association engaged in supplying illegal goods and services, including, but not limited to, gambling, prostitution, loan sharking, narcotics, labor racketeering, and other unlawful activities of members of such organizations.(B) The bureau is authorized to investigate allegations of felonious conduct resulting in serious bodily injury to a state inmate who is housed in a county or private correctional facility where the alleged perpetrator is an official, employee or trustee of the county or a private vendor if, after the district attorney general is notified by the department of correction of such felonious conduct, the district attorney general refuses to request the bureau to make an investigation. The bureau shall forward the results of any such investigation to the department of correction and the district attorney general.(C) The bureau also is authorized, upon the request of the governor, the attorney general and reporter, any member of the board, the commissioner of correction or a district attorney general to conduct investigations into allegations of fraud, corruption, or dishonesty involving the granting, revoking or denying of paroles, release classification status or executive clemency of any type. The governor, a district attorney general, the attorney general and reporter, or the board of parole acting at the request of the governor, may request the assistance of the bureau to determine whether any recipient of executive clemency of any type has been or is presently abiding by the terms and conditions imposed upon the governor's granting of executive clemency of any type.(D) The bureau shall coordinate its activities whenever possible with municipal, county, and federal police agencies with emphasis toward providing strike force capabilities to high crime areas within the state. (E) The bureau shall continue to utilize the communications systems of the department of safety.(F) The bureau is also authorized, in consultation with the appropriate department or agency, to conduct an investigation into a violation of a criminal offense:(i) In which the victim of the offense is a state employee or contractor who was acting in the employee or contractor's official capacity at the time of the offense;(ii) That resulted in state property being damaged or destroyed as a result of the offense; or(iii) That delayed the administration of state government at a significant cost to the state.

(A) For the purposes of subsection (b), “organized crime” is defined as the unlawful activities of the members of an organized, disciplined association engaged in supplying illegal goods and services, including, but not limited to, gambling, prostitution, loan sharking, narcotics, labor racketeering, and other unlawful activities of members of such organizations.

(B) The bureau is authorized to investigate allegations of felonious conduct resulting in serious bodily injury to a state inmate who is housed in a county or private correctional facility where the alleged perpetrator is an official, employee or trustee of the county or a private vendor if, after the district attorney general is notified by the department of correction of such felonious conduct, the district attorney general refuses to request the bureau to make an investigation. The bureau shall forward the results of any such investigation to the department of correction and the district attorney general.

(C) The bureau also is authorized, upon the request of the governor, the attorney general and reporter, any member of the board, the commissioner of correction or a district attorney general to conduct investigations into allegations of fraud, corruption, or dishonesty involving the granting, revoking or denying of paroles, release classification status or executive clemency of any type. The governor, a district attorney general, the attorney general and reporter, or the board of parole acting at the request of the governor, may request the assistance of the bureau to determine whether any recipient of executive clemency of any type has been or is presently abiding by the terms and conditions imposed upon the governor's granting of executive clemency of any type.

(D) The bureau shall coordinate its activities whenever possible with municipal, county, and federal police agencies with emphasis toward providing strike force capabilities to high crime areas within the state.

(E) The bureau shall continue to utilize the communications systems of the department of safety.

(F) The bureau is also authorized, in consultation with the appropriate department or agency, to conduct an investigation into a violation of a criminal offense:(i) In which the victim of the offense is a state employee or contractor who was acting in the employee or contractor's official capacity at the time of the offense;(ii) That resulted in state property being damaged or destroyed as a result of the offense; or(iii) That delayed the administration of state government at a significant cost to the state.

(i) In which the victim of the offense is a state employee or contractor who was acting in the employee or contractor's official capacity at the time of the offense;

(ii) That resulted in state property being damaged or destroyed as a result of the offense; or

(iii) That delayed the administration of state government at a significant cost to the state.

(c) Whenever a district attorney general refuses or neglects to present the results of any investigation undertaken under this section to a grand jury, the director, or the director's designated representative, may appear before the grand jury and seek a presentment, and the grand jury shall have the power to issue compulsory process for the appearance of witnesses. In the event the grand jury returns a presentment and the district attorney general refuses to prosecute, the director may petition for the appointment of a district attorney general pro tempore as provided for in § 8-7-106.

(d) The director shall cause to be established within the criminal investigation division a criminal intelligence unit (CIU). It shall be the responsibility of the CIU, through the automated criminal intelligence system of Tennessee (ACIST), as well as through criminal investigators assigned to each of the bureau's four regional offices, to gather and maintain criminal intelligence on criminal gang activity. Intelligence collected pursuant to this section shall be reviewed for compliance with 28 CFR Part 23.20 and shall be disseminated to local, state, and federal law enforcement agencies pursuant to 28 CFR Part 23.20. The bureau shall analyze all criminal intelligence collected, and shall compile statistical information for dissemination through the national incident-based reporting system (NIBRS) and the bureau's annual report.

(e) (1) Investigators of the bureau of investigation are authorized, without a request from the district attorney general, to make investigations based upon intelligence information pertaining to domestic terrorism that the bureau received under a government information security classification. Investigators may make investigations based upon intelligence information pertaining to domestic terrorism that the bureau received from nonclassified sources upon the request of the district attorney general.(2) Investigators of the bureau of investigation are authorized, without a request from the district attorney general, to make traffic stops in emergency situations in which the safety of the public is in jeopardy and no officer from the appropriate law enforcement agency is immediately available to make the stop. For purposes of this subdivision (e)(2), “emergency situations” is limited to driving under the influence of an intoxicant pursuant to § 55-10-401, and reckless endangerment pursuant to § 39-13-103 involving the traffic stop. Investigators may also assist stranded motorists.

(1) Investigators of the bureau of investigation are authorized, without a request from the district attorney general, to make investigations based upon intelligence information pertaining to domestic terrorism that the bureau received under a government information security classification. Investigators may make investigations based upon intelligence information pertaining to domestic terrorism that the bureau received from nonclassified sources upon the request of the district attorney general.

(2) Investigators of the bureau of investigation are authorized, without a request from the district attorney general, to make traffic stops in emergency situations in which the safety of the public is in jeopardy and no officer from the appropriate law enforcement agency is immediately available to make the stop. For purposes of this subdivision (e)(2), “emergency situations” is limited to driving under the influence of an intoxicant pursuant to § 55-10-401, and reckless endangerment pursuant to § 39-13-103 involving the traffic stop. Investigators may also assist stranded motorists.

(f) On or before January 1, 2022, the district attorneys general conference shall file a report with the speakers of the senate and house of representatives and the chairs of the judiciary committee of the senate and criminal justice committee of the house of representatives detailing by geographic location within this state:(1) The aggregate number of reports of potential violations of criminal offenses described in subdivision (b)(2)(F);(2) The action taken by the appropriate district attorney for each report; and(3) The legal disposition of any case resulting from each report.

(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.

(g) [Repealed effective July 1, 2029.] (1) There is established a Tennessee safe initiative task force, which is administratively attached to the Tennessee bureau of investigation. The task force shall determine when criminal activity in a particular jurisdiction is so prevalent as to endanger public safety and require additional law enforcement operations.(2) The Tennessee safe initiative task force is comprised of eight (8) voting members, as follows:(A) The director of the Tennessee bureau of investigation, who shall serve as chair of the task force;(B) The commissioner of safety;(C) One (1) district attorney general, to be appointed by the district attorneys general conference;(D) One (1) sheriff, to be appointed by the Tennessee Sheriffs' Association;(E) One (1) chief of police, to be appointed by the Tennessee Association of Chiefs of Police;(F) One (1) district attorney general, to be appointed jointly by the speaker of the house of representatives and the lieutenant governor;(G) One (1) sheriff, to be appointed by the speaker of the house of representatives; and(H) One (1) chief of police, to be appointed by the lieutenant governor.(3) (A) Task force members appointed under subdivisions (g)(2)(C)-(H) serve staggered terms as follows:(i) The persons appointed under subdivisions (g)(2)(C) and (g)(2)(F) serve initial terms that terminate on June 30, 2028;(ii) The persons appointed under subdivisions (g)(2)(D) and (g)(2)(G) serve initial terms that terminate on June 30, 2029; and(iii) The persons appointed under subdivisions (g)(2)(E) and (g)(2)(H) serve initial terms that terminate on June 30, 2030.(B) Following the expiration of members' initial terms as prescribed in subdivision (g)(3)(A), all appointments to the task force are for terms of three (3) years, beginning on July 1 and terminating on June 30 every three (3) years thereafter.(C) Members appointed under subdivisions (g)(2)(C)-(H):(i) Must be appointed by July 1, 2026;(ii) Serve until the expiration of the terms to which they were appointed and until their successors are duly appointed and qualified; and(iii) Are eligible for reappointment to the task force following the expiration of their terms.(4) Vacancies are filled in the same manner that original appointments are made.(5) The chair of the task force shall call the meetings. The task force must meet at least quarterly and, upon the request of at least three (3) members, may hold additional meetings. Members may attend meetings electronically. A meeting of the task force must not commence or continue in the absence of a quorum. A quorum is a majority of the members to which the task force is entitled. The members of the task force serve without compensation.(6) At least one (1) week prior to a task force meeting, a member of the task force, including the chair, may notify the members that the member intends to initiate a motion to request that the Tennessee bureau of investigation provide additional law enforcement operations from the Tennessee safe initiative within a specific jurisdiction, pursuant to subdivision (g)(9) at the meeting. The task force shall notify the district attorney general and chief officer of any law enforcement agency within the jurisdiction of the motion. At the task force meeting, the district attorney general and chief officer of any law enforcement agency within the jurisdiction may address the task force and provide evidence as to whether additional law enforcement operations are appropriate. If a majority of the members of the task force who are entitled to vote request law enforcement operations pursuant to this subdivision (g)(6), then the director of the Tennessee bureau of investigation shall provide the requested law enforcement operations from the Tennessee safe initiative.(7) (A) Notwithstanding any provision of title 8, chapter 44, part 1 to the contrary, the task force may enter into executive session upon a majority vote of the members present. The task force is not required to provide public notice of an executive session.(B) Executive session may be held solely for the purpose of considering matters that are confidential and law enforcement sensitive, including, but not limited to:(i) Specific intelligence information, investigative reports, or analytical findings related to criminal activity;(ii) Deployment strategies, operational plans, or tactical decisions regarding the assignment of task force personnel;(iii) Information that would identify confidential informants, cooperating witnesses, or undercover officers;(iv) Ongoing or prospective criminal investigations where public disclosure would reasonably be expected to compromise the investigation or endanger individuals; and(v) Information otherwise protected from disclosure under state or federal law.(C) The task force shall not take a final action, vote, or official decision while in executive session. Any action resulting from discussions held in executive session must occur in an open meeting.(D) The task force shall maintain confidential minutes or records of executive sessions, which are confidential and not subject to public disclosure except upon order of a court of competent jurisdiction.(E) A task force member, staff, or other individual present during an executive session shall maintain the confidentiality of all matters discussed therein, and unauthorized disclosure is grounds for removal and may be subject to applicable criminal penalties under state law.(F) The task force may consult with law enforcement agencies, prosecutors, or intelligence analysts during executive session as necessary to carry out its duties under this subsection (g).(8) A sheriff, chief of police, or district attorney general may submit to the task force a written request that the Tennessee bureau of investigation provide additional law enforcement operations from the Tennessee safe initiative within the official's specific jurisdiction, pursuant to subdivision (g)(9). The task force shall notify the sheriff, chief of police, and district attorney general within the district who did not submit the request, if any, of the request. The task force is not required to vote on a request submitted under this subdivision (g)(8). The director of the Tennessee bureau of investigation may provide the requested law enforcement operations from the Tennessee safe initiative.(9) In addition to the authority established in subsections (a) and (b), Tennessee safe initiative investigators of the Tennessee bureau of investigation are authorized to make investigations as requested by the task force in connection with any matters pertaining to:(A) Commission of an offense prohibited by title 39, chapter 13; or(B) Criminal gang activities. As used in this subdivision (g)(9)(B), “criminal gang activities” means criminal gang offenses committed by a criminal gang member, as defined in § 40-35-121, and other unlawful activities of members of a criminal gang.(10) Tennessee safe initiative investigators are not prohibited from investigating criminal activity not specifically listed in subdivision (g)(9) if the criminal activity is discovered in furtherance of an investigation authorized under subdivision (g)(9). Additionally, other law enforcement agencies are not prohibited from investigating crimes listed in subdivision (g)(9).(11) Prior to initiating Tennessee safe initiative operations pursuant to this subsection (g), the director of the Tennessee bureau of investigation shall notify the district attorney general and the chief officer of any law enforcement agency within the jurisdiction of the operations and the date on which the operations will commence.(12) At any meeting of the task force that occurs while a law enforcement operation authorized by this subsection (g) is ongoing:(A) The director shall present to the task force information on the number of arrests and criminal charges resulting from Tennessee safe initiative operations; and(B) The district attorney general for the judicial district in which a law enforcement operation authorized by this subsection (g) is ongoing shall submit to the task force information on the disposition of any criminal charges that were filed as a result of Tennessee safe initiative operations.

(1) There is established a Tennessee safe initiative task force, which is administratively attached to the Tennessee bureau of investigation. The task force shall determine when criminal activity in a particular jurisdiction is so prevalent as to endanger public safety and require additional law enforcement operations.

(2) The Tennessee safe initiative task force is comprised of eight (8) voting members, as follows:(A) The director of the Tennessee bureau of investigation, who shall serve as chair of the task force;(B) The commissioner of safety;(C) One (1) district attorney general, to be appointed by the district attorneys general conference;(D) One (1) sheriff, to be appointed by the Tennessee Sheriffs' Association;(E) One (1) chief of police, to be appointed by the Tennessee Association of Chiefs of Police;(F) One (1) district attorney general, to be appointed jointly by the speaker of the house of representatives and the lieutenant governor;(G) One (1) sheriff, to be appointed by the speaker of the house of representatives; and(H) One (1) chief of police, to be appointed by the lieutenant governor.

(A) The director of the Tennessee bureau of investigation, who shall serve as chair of the task force;

(B) The commissioner of safety;

(C) One (1) district attorney general, to be appointed by the district attorneys general conference;

(D) One (1) sheriff, to be appointed by the Tennessee Sheriffs' Association;

(E) One (1) chief of police, to be appointed by the Tennessee Association of Chiefs of Police;

(F) One (1) district attorney general, to be appointed jointly by the speaker of the house of representatives and the lieutenant governor;

(G) One (1) sheriff, to be appointed by the speaker of the house of representatives; and

(H) One (1) chief of police, to be appointed by the lieutenant governor.

(3) (A) Task force members appointed under subdivisions (g)(2)(C)-(H) serve staggered terms as follows:(i) The persons appointed under subdivisions (g)(2)(C) and (g)(2)(F) serve initial terms that terminate on June 30, 2028;(ii) The persons appointed under subdivisions (g)(2)(D) and (g)(2)(G) serve initial terms that terminate on June 30, 2029; and(iii) The persons appointed under subdivisions (g)(2)(E) and (g)(2)(H) serve initial terms that terminate on June 30, 2030.(B) Following the expiration of members' initial terms as prescribed in subdivision (g)(3)(A), all appointments to the task force are for terms of three (3) years, beginning on July 1 and terminating on June 30 every three (3) years thereafter.(C) Members appointed under subdivisions (g)(2)(C)-(H):(i) Must be appointed by July 1, 2026;(ii) Serve until the expiration of the terms to which they were appointed and until their successors are duly appointed and qualified; and(iii) Are eligible for reappointment to the task force following the expiration of their terms.

(A) Task force members appointed under subdivisions (g)(2)(C)-(H) serve staggered terms as follows:(i) The persons appointed under subdivisions (g)(2)(C) and (g)(2)(F) serve initial terms that terminate on June 30, 2028;(ii) The persons appointed under subdivisions (g)(2)(D) and (g)(2)(G) serve initial terms that terminate on June 30, 2029; and(iii) The persons appointed under subdivisions (g)(2)(E) and (g)(2)(H) serve initial terms that terminate on June 30, 2030.

(i) The persons appointed under subdivisions (g)(2)(C) and (g)(2)(F) serve initial terms that terminate on June 30, 2028;

(ii) The persons appointed under subdivisions (g)(2)(D) and (g)(2)(G) serve initial terms that terminate on June 30, 2029; and

(iii) The persons appointed under subdivisions (g)(2)(E) and (g)(2)(H) serve initial terms that terminate on June 30, 2030.

(B) Following the expiration of members' initial terms as prescribed in subdivision (g)(3)(A), all appointments to the task force are for terms of three (3) years, beginning on July 1 and terminating on June 30 every three (3) years thereafter.

(C) Members appointed under subdivisions (g)(2)(C)-(H):(i) Must be appointed by July 1, 2026;(ii) Serve until the expiration of the terms to which they were appointed and until their successors are duly appointed and qualified; and(iii) Are eligible for reappointment to the task force following the expiration of their terms.

(i) Must be appointed by July 1, 2026;

(ii) Serve until the expiration of the terms to which they were appointed and until their successors are duly appointed and qualified; and

(iii) Are eligible for reappointment to the task force following the expiration of their terms.

(4) Vacancies are filled in the same manner that original appointments are made.

(5) The chair of the task force shall call the meetings. The task force must meet at least quarterly and, upon the request of at least three (3) members, may hold additional meetings. Members may attend meetings electronically. A meeting of the task force must not commence or continue in the absence of a quorum. A quorum is a majority of the members to which the task force is entitled. The members of the task force serve without compensation.

(6) At least one (1) week prior to a task force meeting, a member of the task force, including the chair, may notify the members that the member intends to initiate a motion to request that the Tennessee bureau of investigation provide additional law enforcement operations from the Tennessee safe initiative within a specific jurisdiction, pursuant to subdivision (g)(9) at the meeting. The task force shall notify the district attorney general and chief officer of any law enforcement agency within the jurisdiction of the motion. At the task force meeting, the district attorney general and chief officer of any law enforcement agency within the jurisdiction may address the task force and provide evidence as to whether additional law enforcement operations are appropriate. If a majority of the members of the task force who are entitled to vote request law enforcement operations pursuant to this subdivision (g)(6), then the director of the Tennessee bureau of investigation shall provide the requested law enforcement operations from the Tennessee safe initiative.

(7) (A) Notwithstanding any provision of title 8, chapter 44, part 1 to the contrary, the task force may enter into executive session upon a majority vote of the members present. The task force is not required to provide public notice of an executive session.(B) Executive session may be held solely for the purpose of considering matters that are confidential and law enforcement sensitive, including, but not limited to:(i) Specific intelligence information, investigative reports, or analytical findings related to criminal activity;(ii) Deployment strategies, operational plans, or tactical decisions regarding the assignment of task force personnel;(iii) Information that would identify confidential informants, cooperating witnesses, or undercover officers;(iv) Ongoing or prospective criminal investigations where public disclosure would reasonably be expected to compromise the investigation or endanger individuals; and(v) Information otherwise protected from disclosure under state or federal law.(C) The task force shall not take a final action, vote, or official decision while in executive session. Any action resulting from discussions held in executive session must occur in an open meeting.(D) The task force shall maintain confidential minutes or records of executive sessions, which are confidential and not subject to public disclosure except upon order of a court of competent jurisdiction.(E) A task force member, staff, or other individual present during an executive session shall maintain the confidentiality of all matters discussed therein, and unauthorized disclosure is grounds for removal and may be subject to applicable criminal penalties under state law.(F) The task force may consult with law enforcement agencies, prosecutors, or intelligence analysts during executive session as necessary to carry out its duties under this subsection (g).

(A) Notwithstanding any provision of title 8, chapter 44, part 1 to the contrary, the task force may enter into executive session upon a majority vote of the members present. The task force is not required to provide public notice of an executive session.

(B) Executive session may be held solely for the purpose of considering matters that are confidential and law enforcement sensitive, including, but not limited to:(i) Specific intelligence information, investigative reports, or analytical findings related to criminal activity;(ii) Deployment strategies, operational plans, or tactical decisions regarding the assignment of task force personnel;(iii) Information that would identify confidential informants, cooperating witnesses, or undercover officers;(iv) Ongoing or prospective criminal investigations where public disclosure would reasonably be expected to compromise the investigation or endanger individuals; and(v) Information otherwise protected from disclosure under state or federal law.

(i) Specific intelligence information, investigative reports, or analytical findings related to criminal activity;

(ii) Deployment strategies, operational plans, or tactical decisions regarding the assignment of task force personnel;

(iii) Information that would identify confidential informants, cooperating witnesses, or undercover officers;

(iv) Ongoing or prospective criminal investigations where public disclosure would reasonably be expected to compromise the investigation or endanger individuals; and

(v) Information otherwise protected from disclosure under state or federal law.

(C) The task force shall not take a final action, vote, or official decision while in executive session. Any action resulting from discussions held in executive session must occur in an open meeting.

(D) The task force shall maintain confidential minutes or records of executive sessions, which are confidential and not subject to public disclosure except upon order of a court of competent jurisdiction.

(E) A task force member, staff, or other individual present during an executive session shall maintain the confidentiality of all matters discussed therein, and unauthorized disclosure is grounds for removal and may be subject to applicable criminal penalties under state law.

(F) The task force may consult with law enforcement agencies, prosecutors, or intelligence analysts during executive session as necessary to carry out its duties under this subsection (g).

(8) A sheriff, chief of police, or district attorney general may submit to the task force a written request that the Tennessee bureau of investigation provide additional law enforcement operations from the Tennessee safe initiative within the official's specific jurisdiction, pursuant to subdivision (g)(9). The task force shall notify the sheriff, chief of police, and district attorney general within the district who did not submit the request, if any, of the request. The task force is not required to vote on a request submitted under this subdivision (g)(8). The director of the Tennessee bureau of investigation may provide the requested law enforcement operations from the Tennessee safe initiative.

(9) In addition to the authority established in subsections (a) and (b), Tennessee safe initiative investigators of the Tennessee bureau of investigation are authorized to make investigations as requested by the task force in connection with any matters pertaining to:(A) Commission of an offense prohibited by title 39, chapter 13; or(B) Criminal gang activities. As used in this subdivision (g)(9)(B), “criminal gang activities” means criminal gang offenses committed by a criminal gang member, as defined in § 40-35-121, and other unlawful activities of members of a criminal gang.

(A) Commission of an offense prohibited by title 39, chapter 13; or

(B) Criminal gang activities. As used in this subdivision (g)(9)(B), “criminal gang activities” means criminal gang offenses committed by a criminal gang member, as defined in § 40-35-121, and other unlawful activities of members of a criminal gang.

(10) Tennessee safe initiative investigators are not prohibited from investigating criminal activity not specifically listed in subdivision (g)(9) if the criminal activity is discovered in furtherance of an investigation authorized under subdivision (g)(9). Additionally, other law enforcement agencies are not prohibited from investigating crimes listed in subdivision (g)(9).

(11) Prior to initiating Tennessee safe initiative operations pursuant to this subsection (g), the director of the Tennessee bureau of investigation shall notify the district attorney general and the chief officer of any law enforcement agency within the jurisdiction of the operations and the date on which the operations will commence.

(12) At any meeting of the task force that occurs while a law enforcement operation authorized by this subsection (g) is ongoing:(A) The director shall present to the task force information on the number of arrests and criminal charges resulting from Tennessee safe initiative operations; and(B) The district attorney general for the judicial district in which a law enforcement operation authorized by this subsection (g) is ongoing shall submit to the task force information on the disposition of any criminal charges that were filed as a result of Tennessee safe initiative operations.

(A) The director shall present to the task force information on the number of arrests and criminal charges resulting from Tennessee safe initiative operations; and

(B) The district attorney general for the judicial district in which a law enforcement operation authorized by this subsection (g) is ongoing shall submit to the task force information on the disposition of any criminal charges that were filed as a result of Tennessee safe initiative operations.

(h) [Repealed effective July 1, 2029.] (1) In addition to the authority established in subsections (a), (b), and (g), upon July 1, 2026, Tennessee safe initiative investigators of the Tennessee bureau of investigation are authorized, without a request from a sheriff, chief of police, district attorney general, or task force, to make investigations in any judicial district in which the Memphis safe task force is in effect in connection with any matters pertaining to:(A) Commission of an offense prohibited by title 39, chapter 13; or(B) Criminal gang activities.(2) Tennessee safe initiative investigators are not prohibited from investigating criminal activity not specifically listed in subdivision (h)(1) if the criminal activity is discovered in furtherance of an investigation authorized under subdivision (h)(1). Additionally, other law enforcement agencies are not prohibited from investigating crimes listed in subdivision (h)(1).(3) The authority established by this subsection (h) continues until the majority of the members to which the Tennessee safe initiative task force is entitled vote to rescind the authority, regardless of whether the Memphis safe task force has concluded operations. The director of the Tennessee bureau of investigation shall provide law enforcement operations pursuant to this subsection (h) until a majority of the members vote to rescind the authority.(4) Prior to initiating Tennessee safe initiative operations pursuant to this subsection (h), the director of the Tennessee bureau of investigation shall notify the district attorney general and the chief officer of any law enforcement agency within the jurisdiction of the operations and the date on which the operations will commence.(5) At any meeting of the task force that occurs while a law enforcement operation authorized by this subsection (h) is ongoing:(A) The director shall present to the task force information on the number of arrests and criminal charges resulting from Tennessee safe initiative operations; and(B) The district attorney general for the judicial district in which a law enforcement operation authorized by this subsection (h) is ongoing shall submit to the task force information on the disposition of any criminal charges that were filed as a result of Tennessee safe initiative operations.(6) As used in this subsection (h):(A) “Criminal gang activities” means criminal gang offenses committed by a criminal gang member, as defined in § 40-35-121, and other unlawful activities of members of a criminal gang; and(B) “Memphis safe task force” means a federal task force operating with the objective of ending street and violent crime in Memphis to the greatest possible extent through the promotion and facilitation of hypervigilant policing, aggressive prosecution, complex investigations, financial enforcement, and large-scale saturation of besieged neighborhoods with law enforcement personnel, while coordinating closely with state and local officials.

(1) In addition to the authority established in subsections (a), (b), and (g), upon July 1, 2026, Tennessee safe initiative investigators of the Tennessee bureau of investigation are authorized, without a request from a sheriff, chief of police, district attorney general, or task force, to make investigations in any judicial district in which the Memphis safe task force is in effect in connection with any matters pertaining to:(A) Commission of an offense prohibited by title 39, chapter 13; or(B) Criminal gang activities.

(A) Commission of an offense prohibited by title 39, chapter 13; or

(B) Criminal gang activities.

(2) Tennessee safe initiative investigators are not prohibited from investigating criminal activity not specifically listed in subdivision (h)(1) if the criminal activity is discovered in furtherance of an investigation authorized under subdivision (h)(1). Additionally, other law enforcement agencies are not prohibited from investigating crimes listed in subdivision (h)(1).

(3) The authority established by this subsection (h) continues until the majority of the members to which the Tennessee safe initiative task force is entitled vote to rescind the authority, regardless of whether the Memphis safe task force has concluded operations. The director of the Tennessee bureau of investigation shall provide law enforcement operations pursuant to this subsection (h) until a majority of the members vote to rescind the authority.

(4) Prior to initiating Tennessee safe initiative operations pursuant to this subsection (h), the director of the Tennessee bureau of investigation shall notify the district attorney general and the chief officer of any law enforcement agency within the jurisdiction of the operations and the date on which the operations will commence.

(5) At any meeting of the task force that occurs while a law enforcement operation authorized by this subsection (h) is ongoing:(A) The director shall present to the task force information on the number of arrests and criminal charges resulting from Tennessee safe initiative operations; and(B) The district attorney general for the judicial district in which a law enforcement operation authorized by this subsection (h) is ongoing shall submit to the task force information on the disposition of any criminal charges that were filed as a result of Tennessee safe initiative operations.

(A) The director shall present to the task force information on the number of arrests and criminal charges resulting from Tennessee safe initiative operations; and

(B) The district attorney general for the judicial district in which a law enforcement operation authorized by this subsection (h) is ongoing shall submit to the task force information on the disposition of any criminal charges that were filed as a result of Tennessee safe initiative operations.

(6) As used in this subsection (h):(A) “Criminal gang activities” means criminal gang offenses committed by a criminal gang member, as defined in § 40-35-121, and other unlawful activities of members of a criminal gang; and(B) “Memphis safe task force” means a federal task force operating with the objective of ending street and violent crime in Memphis to the greatest possible extent through the promotion and facilitation of hypervigilant policing, aggressive prosecution, complex investigations, financial enforcement, and large-scale saturation of besieged neighborhoods with law enforcement personnel, while coordinating closely with state and local officials.

(A) “Criminal gang activities” means criminal gang offenses committed by a criminal gang member, as defined in § 40-35-121, and other unlawful activities of members of a criminal gang; and

(B) “Memphis safe task force” means a federal task force operating with the objective of ending street and violent crime in Memphis to the greatest possible extent through the promotion and facilitation of hypervigilant policing, aggressive prosecution, complex investigations, financial enforcement, and large-scale saturation of besieged neighborhoods with law enforcement personnel, while coordinating closely with state and local officials.

(i) [Repealed effective July 1, 2029.] Subsections (g)-(i) are terminated on July 1, 2029.

(j) The bureau may enter into agreements with other bureaus, agencies, departments, or task forces charged with the enforcement of criminal law within this state or of other states or of the United States for the exchange or temporary assignment of agents for special assignments and performance of specific duties. The director may assign agents of the bureau to duty assignments for law enforcement operations under this section and request and accept agents from other bureaus, agencies, departments, or task forces for duty assignments for law enforcement operations under this section.