Title 40, Criminal Procedure

(a) All parties affected by a criminal offense, including the victim, survivors of the victim and witnesses to the offense, shall be able to expect that the operation of the criminal justice system will not be unnecessarily delayed and that they will be able to return to normal l…

(1) Victims of crimes involving offenses against property shall have the right to:(1) Recover property in the custody of the police or the court as soon as is reasonably possible;(2) Restitution ordered as a condition of probation or a suspended sentence or parole and the swift r…

(a) The state treasurer, in consultation with the executive director of the district attorneys general conference, shall prepare and distribute to each district attorney general a booklet, pamphlet, brochure, handout or other publication that sets forth all of the provisions of t…

Failure to comply with any provision of this part shall not create a cause of action or claim for damages against the state, a political subdivision of the state, a government employee or other official or entity, and no such cause of action shall be maintained. No defendant or p…

The office of the district attorney general shall notify, in writing, each victim of a violent crime who may be eligible for compensation under the Criminal Injuries Compensation Act, compiled in title 29, chapter 13, of the methods by which the victim may obtain compensation. Th…

(a) A victim of crime has the right to be informed of the following proceedings or occurrences by the appropriate agency at the earliest practicable opportunity:(1) Cancelled or rescheduled hearings;(2) Bail hearing for the defendant;(3) Dismissal of the defendant's case;(4) Pard…

(a) Victims, under the Constitution of Tennessee, Article I, § 35, have the right to be informed of proceedings and the right to be informed of each of the rights conferred upon the victims. (b) When a victim appears before a judicial commissioner, magistrate or general sessions …

(a) After indictment, presentment or information, the office of the prosecuting attorney, through the victim witness coordinator, shall provide the victim with the following information:(1) The procedural steps involved in a criminal prosecution;(2) Dates, times and places of all…

(1) Law enforcement agencies shall provide notice of the following information to any victim of crime:(1) The victim's rights under the Constitution of Tennessee, Article I, § 35, to be free from intimidation, harassment and abuse throughout the criminal justice system;(2) The av…

(a) The prosecuting attorney shall confer with the victim prior to the final disposition of a criminal offense, including the views of the victim regarding a decision not to proceed with a criminal prosecution or a decision to dismiss a charge or to enter into plea or sentencing …

(a) Any victim of crime may have a crime victim advocate from a crime assistance program or a victim-witness coordinator as provided for in § 8-7-206 present at any defense interviews with the victim. This section applies if practical and if the presence of the crime victim advoc…

(a) In any criminal proceeding in which a continuance is requested, the court shall consider the victim's views and the victim's right to a speedy trial. If the continuance is granted over the victim's objection, the court shall state on the record the reason for the continuance …

Any victim of crime has the right to refuse a request by the defendant, the defendant's attorney or any other person acting on behalf of the defendant for an interview or other communication with the victim.

(a) When a law enforcement officer responds to a report of a crime, and the crime is one (1) of the crimes listed in subsection (b), the officer shall inform the alleged victim of the Tennessee statewide automated victim information and notification service created by part 5 of t…

(a) As used in this section:(1) “Crime assistance program” includes, but is not limited to, programs that provide appropriate counseling and support to victims;(2) “Sexually-oriented crime” means those crimes listed in § 29-13-118(b); and(3) “Victim” means a victim of a sexually-…

(a) As used in this section:(1) “Directory host” means a private entity that establishes and maintains a directory of victim-centered restorative justice options that are available in the pilot counties;(2) “Pilot county” means any county having a population of over five hundred …

This part shall be known and may be cited as the “Victim Impact Statement Act.”

The sentencing judge shall solicit and consider a victim impact statement prior to sentencing a convicted offender who has caused physical, emotional or financial harm to a victim, as defined in § 40-38-203.

(1) As used in this part, unless the context otherwise requires:(1) “Victim” means an individual who suffers direct or threatened physical, emotional or financial harm as the result of the commission of a crime or an immediate family member of a minor victim or a homicide victim;…

(a) If a defendant is convicted of a felony involving one (1) or more identifiable victims who suffered death or physical, emotional, or financial injury, the department of correction shall ensure notification of the victim or the victim representative and advise the victim or vi…

Prior to imposition of sentence in a felony case, the department of correction shall prepare a written victim impact statement as part of the presentence report on the defendant. The statement shall include applicable information obtained during consultation with the victim or th…

The presentence report shall be filed with the clerk of the court within ten (10) days prior to the sentencing hearing as provided in § 40-35-208.

Any victim impact statement submitted to the court under § 40-38-205 shall be considered as evidence in determining whether the mitigating factors in § 40-35-113 and the enhancement factors in § 40-35-114 apply.

This part shall not be construed to require a victim or victim representative to submit a victim impact statement or to cooperate in the preparation of a victim impact statement.

(a) It is the intent of the general assembly by enactment of this part to implement and make fully operational the provisions of Constitution of Tennessee, Article I, § 35 , relative to the rights of victims of crime. The proposed amendment that became the Constitution of Tenness…

(1) As used in this part, unless the context otherwise requires:(1) “Crime” means:(A) Any offense the punishment for which is a Class A, B, C, D or E felony;(B) First degree murder; or(C) Assault under § 39-13-101(a)(1);(2) “Critical stages of the criminal justice process” are:(A…

(a) In order for a victim of crime to meaningfully exercise the victim's constitutional right to be heard, when relevant, at all critical stages of the criminal justice process, a victim is immune from civil liability or any civil cause of action brought by the offender that aris…

There is created the Senator Tommy Burks victim assistance academy, referred to in this part as the “academy,” to be organized and administered in accordance with this part.

The academy shall be attached to the Tennessee Coalition Against Domestic and Sexual Violence. All administrative expenses incurred by the academy shall be paid from grants and funds the academy or the Tennessee Coalition Against Domestic Sexual Violence receives pursuant to § 40…

Notwithstanding its association with the Tennessee Coalition Against Domestic and Sexual Violence, the purpose of the academy is to improve services to victims of all types of crime by making available a comprehensive, basic-level victim assistance curriculum and training program…

Funding for the academy shall come from grants, donations, gifts and appropriations made for that purpose.

The department of finance and administration, office of criminal justice programs, is authorized to make an annual grant from the fund created under § 40-24-107, to the Tennessee Coalition Against Domestic and Sexual Violence for the purpose of supporting the activities of the ac…

There is created the statewide automated victim information and notification system, referred to as the “victim notification system” in this part, to be organized and administered in accordance with this part and to make the statewide automated victim information and notification…

The victim notification system shall be attached to the Tennessee sheriffs' association. All administrative expenses incurred by the program shall be paid from grants and funds the Tennessee sheriffs' association receives pursuant to § 40-38-504 and grants authorized by § 40-38-5…

Notwithstanding its association with the Tennessee sheriffs' association, the purpose of the victim notification system is to increase the safety of victims of crime by providing access to timely and reliable information about the custody status of offenders in county jails. This…

Funding for the victim notification system shall come from grants, including grants authorized by § 40-38-505, donations, gifts and appropriations made for that purpose.

The department of finance and administration, office of criminal justice programs, is authorized to make an annual grant from the fund created in § 67-4-602(h)(2), to the Tennessee sheriffs' association for the purpose of supporting implementation and management of the victim not…

Upon the initial deposit of thirty-four thousand dollars ($34,000) into the victim notification fund from the one dollar ($1.00) additional privilege tax on litigation imposed by § 67-4-602(h), thirty-four thousand dollars ($34,000) shall be allocated to the department of revenue…

(a) As an extension of the existing victim notification system created by this part, the Tennessee sheriffs' association shall establish a criminal proceedings notification system for the purpose of increasing the transparency and efficiency of the criminal justice process by pro…

(1) As used in this part:(1) “Address confidentiality program” or “program” means the program created under this part to protect the confidentiality of the confidential address of a relocated victim of domestic abuse, stalking, human trafficking, rape, sexual battery, or any othe…

(a) The secretary of state shall establish a crime victim address confidentiality program, which must be open to applicants who are victims of domestic abuse, stalking, human trafficking, rape, sexual battery, or another sexual offense, as well as co-applicants, the children of a…

(1) A person who is required by law to be registered under any of the following is not eligible to participate in the address confidentiality program:(1) Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004, compiled in chapter…

(a) Except for a person described in § 40-38-603, an adult person, or a parent or fiduciary acting on behalf of a minor or person with a disability, may apply to the secretary of state with the assistance of an application assistant to have an address designated by the secretary …

(a) A program participant shall notify the office of the secretary of state of any change in the participant's residence address and application information within thirty (30) days after any change has occurred by submitting a notice of change to the office of the secretary of st…

(a) A program participant may request that a governmental entity use the address designated by the secretary of state as the program participant's substitute address. Except as otherwise provided by this part, if the program participant requests that a governmental entity use the…

(a) The coordinator of elections and the administrator of elections shall keep a program participant's voter registration record confidential. (b) The form shall be stored in a secure manner and the coordinator of elections and administrator of elections shall have access to the …