Title 40, Criminal Procedure

(a) A standard offender is a defendant not sentenced as:(1) A multiple offender, as defined by § 40-35-106;(2) A persistent offender, as defined by § 40-35-107;(3) A career offender, as defined by § 40-35-108;(4) An especially mitigated offender, as defined by § 40-35-109; or(5) …

(a) A multiple offender is a defendant who has received:(1) A minimum of two (2) but not more than four (4) prior felony convictions within the conviction class, a higher class, or within the next two (2) lower felony classes, where applicable; or(2) One (1) Class A prior felony …

(a) A persistent offender is a defendant who has received:(1) Any combination of five (5) or more prior felony convictions within the conviction class or higher or within the next two (2) lower felony classes, where applicable; or(2) At least two (2) Class A or any combination of…

(a) A career offender is a defendant who has received:(1) Any combination of six (6) or more Class A, B or C prior felony convictions, and the defendant's conviction offense is a Class A, B or C felony;(2) At least three (3) Class A or any combination of four (4) Class A or Class…

(a) The court may find the defendant is an especially mitigated offender, if:(1) The defendant has no prior felony convictions; and(2) The court finds mitigating, but no enhancement factors. (1) The defendant has no prior felony convictions; and (2) The court finds mitigating, bu…

(a) Felonies are classified for the purpose of sentencing into five (5) categories:(1) Class A felonies;(2) Class B felonies;(3) Class C felonies;(4) Class D felonies; and(5) Class E felonies. (1) Class A felonies; (2) Class B felonies; (3) Class C felonies; (4) Class D felonies;…

(a) A sentence for a felony is a determinate sentence. (b) The authorized terms of imprisonment and fines for felonies are:(1) Class A felony, not less than fifteen (15) nor more than sixty (60) years. In addition, the jury may assess a fine not to exceed fifty thousand dollars (…

(a) A Range I sentence is as follows:(1) For a Class A felony, not less than fifteen (15) nor more than twenty-five (25) years;(2) For a Class B felony, not less than eight (8) nor more than twelve (12) years;(3) For a Class C felony, not less than three (3) nor more than six (6)…

(1) If appropriate for the offense, mitigating factors may include, but are not limited to:(1) The defendant's criminal conduct neither caused nor threatened serious bodily injury;(2) The defendant acted under strong provocation;(3) Substantial grounds exist tending to excuse or …

(1) If appropriate for the offense and if not already an essential element of the offense, the court shall consider, but is not bound by, the following advisory factors in determining whether to enhance a defendant's sentence:(1) The defendant has a previous history of criminal c…

(a) If a defendant is convicted of more than one (1) criminal offense, the court shall order sentences to run consecutively or concurrently as provided by the criteria in this section. (b) The court may order sentences to run consecutively if the court finds by a preponderance of…

(a) If a defendant is convicted of first degree murder, a Class A felony, rape, aggravated robbery, aggravated sexual battery, aggravated kidnapping, aggravated child abuse, statutory rape by an authority figure or a violation of § 39-17-417(b) or (i), the judge shall revoke bail…

(a) All persons who commit crimes on or after November 1, 1989, shall be tried and sentenced under this chapter. (b) Unless prohibited by the United States or Tennessee constitutions, any person sentenced on or after November 1, 1989, for an offense committed between July 1, 1982…

(a) For the purpose of determining the classification of felony offenses in title 39 committed prior to November 1, 1989, the following classifications shall be used:Click here to view table. (b) These classifications shall be used for sentencing after November 1, 1989, if the of…

Any prior felony offense committed between July 1, 1982, and November 1, 1989, which has not been classified pursuant to § 40-35-118 or otherwise, is a Class E felony.

(a) A “repeat violent offender” is a defendant who:(1) Is convicted in this state on or after July 1, 1994, of any offense classified in subdivision (b)(1) as a violent offense; and(2) Has at least two (2) prior convictions for offenses classified in subdivision (b)(1) or (b)(2) …

(a) As used in this section, unless the context otherwise requires:(1) “Criminal gang” means a formal or informal ongoing organization, association or group consisting of three (3) or more persons that has:(A) As one (1) of its primary activities, the commission of criminal gang …

(a) This section shall be known and may be cited as the “Neighborhood Protection Act.” (b) A homeowners' association, as defined in § 68-14-302, a neighborhood association, a neighborhood watch, or a similarly organized residential entity that is recognized by state or local law …

(a) “Qualifying misdemeanor” means any of the following misdemeanor convictions:(1) A misdemeanor offense of solicitation of a minor, under § 39-13-528;(2) A misdemeanor offense of theft of property, under § 39-14-103;(3) A misdemeanor offense of theft of services, under § 39-14-…

(a) In all contested criminal cases, the issue of guilt or innocence is submitted to the trier of fact for a verdict on that issue alone. If the defendant is found or pleads guilty, sentence shall be set in accordance with this chapter in a separate sentencing hearing. Nothing in…

(a) If the district attorney general believes that a defendant should be sentenced as a multiple, persistent or career offender, the district attorney general shall file a statement thereof with the court and defense counsel not less than ten (10) days before trial or acceptance …

(a) Except as provided in subsection (c) and with respect to fines as provided in § 40-35-301, sentences in felony and misdemeanor cases shall be imposed by the court. Upon a verdict or plea of guilty, the court shall set and conduct a sentencing hearing except as provided in sub…

(a) The commissioner of correction shall appoint presentence service officers for each court having criminal jurisdiction. These officers may be the existing probation officers. Presentence service officers shall conduct investigations and make reports to sentencing courts relati…

(a) Upon acceptance of a guilty plea or upon a verdict or finding of guilty, the court shall, in the case of a felony, and may, in the case of a misdemeanor, direct the presentence service officer to make a presentence investigation and report, except as provided in § 40-35-203 a…

(a) The presentence report shall set forth:(1) The characteristics and circumstances of the offense committed by the defendant;(2) The defendant's physical and mental history and condition, family history and background, education, occupation and personal habits;(3) Information r…

The presentence report shall be filed with the clerk of the court and complete copies shall be made available to the parties within ten (10) days prior to the sentencing hearing, which may be waived by the consent of all parties and the court.

(a) Before imposing sentence or making other disposition upon acceptance of a plea of guilty or upon a verdict or finding of guilty, the court shall conduct a sentencing hearing without unreasonable delay, but in no event more than forty-five (45) days after the finding of guilt,…

(a) At the conclusion of the sentencing hearing, the court shall first determine the appropriate range of sentence. (b) To determine the specific sentence and the appropriate combination of sentencing alternatives that shall be imposed on the defendant, the court shall consider t…

(1) In fixing a sentence for a felony or misdemeanor, the court shall impose a specific sentence length for each offense:(1) Specific sentences for a felony shall be for a term of years or months or life, if the defendant is sentenced to the department of correction; or a specifi…

(a) In imposing a sentence, the court shall determine under what conditions a sentence will be served as provided by law. A defendant may be sentenced to the department of correction unless prohibited by § 40-35-104(b). (b) A court may also order probation where a defendant is el…

(a) Notwithstanding any other law to the contrary, no person convicted of a sexual offense or violent sexual offense as defined in § 40-39-202, whether in the custody or control of the department of correction, a local government or a private prison contractor, shall be eligible …

(a) A defendant arrested, held or present in a county, other than that in which an indictment or information is pending against the defendant, may state in writing that the defendant wishes to plead guilty, to waive trial in the county in which the indictment or information is pe…

(a) (1) The chief administrator of any local jail, workhouse or other facility in which persons serve criminal sentences on nonconsecutive days or in any manner other than continuous confinement or day for day shall formulate and reduce to writing the method by which the facility…

Notwithstanding any other law or judgment of conviction to the contrary, the first forty-eight (48) hours of any sentence that a defendant is permitted to serve on nonconsecutive days, or in any manner other than continuous confinement or day for day, shall be served hour for hou…

(a) (a) As used in this section, “sterilization” means the process of rendering an individual incapable of sexual reproduction by castration, vasectomy, salpingectomy, or some other procedure and includes endoscopic techniques for female sterilization that can be performed outsid…

(a) Where the offense is punishable by a fine of fifty dollars ($50.00) or less, the court shall fix the fine in accordance with § 40-35-111. (b) In a case where the range of punishment includes a fine in excess of fifty dollars ($50.00), the jury finding the defendant guilty sha…

(a) In imposing a sentence for a misdemeanor, the court may conduct a separate sentencing hearing. If the court does not conduct a separate sentencing hearing, the court shall allow the parties a reasonable opportunity to be heard on the question of the length of any sentence and…

(a) (1) A defendant is eligible for probation under this chapter if the sentence actually imposed upon the defendant is ten (10) years or less; however, a defendant is not eligible for probation under this chapter if convicted of a violation of:(A) Section 39-13-102(a)(1)(A)(iii)…

(a) A sentencing court may direct a defendant to make restitution to the victim of the offense as a condition of probation. (b) Whenever the court believes that restitution may be proper or the victim of the offense or the district attorney general requests, the court shall order…

Upon the imposition of a sentence involving release into the community as provided in this chapter, the trial judge shall possess the power to require the defendant, the judgment against whom has been suspended, to execute an appearance bond in the sum deemed right and proper by …

(a) A defendant receiving probation may be required to serve a portion of the sentence in continuous confinement for up to one (1) year in the local jail or workhouse, with probation for a period of time up to and including the statutory maximum time for the class of the convicti…

(a) A defendant receiving probation may be required to serve a specific portion of the sentence in periodic confinement in the local jail or workhouse for up to one (1) year with probation for a period of time up to and including the statutory maximum time for the class of the co…

(a) During the term of probation supervision, the sentencing court, on its own motion, or on application of a probation and parole officer, district attorney general or the defendant, may:(1) Modify any condition;(2) Remove a condition; or(3) Release the defendant from further su…

(1) Whenever a court authorizes a defendant sentenced to supervised probation to reside in this state but outside the jurisdiction of the sentencing court, the court may:(1) Retain jurisdiction over the defendant; or(2) Transfer jurisdiction over the defendant to an appropriate c…

(a) The trial judge shall possess the power, at any time within the maximum time that was directed and ordered by the court for the suspension, in accordance with § 40-35-311, to revoke the suspension. The trial judge may order the original judgment to be in full force and effect…

(a) (1) Whenever it comes to the attention of the trial judge that a defendant who has been released upon suspension of sentence has been guilty of a breach of the laws of this state or has violated the conditions of probation, the trial judge shall have the power to cause to be …