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Tennessee Statutes, Title 38

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Tennessee/Statutes

← All Tennessee coverage

Title 38, Prevention And Detection Of Crime

14 chapters · 216 sections in this title.

All chapters in Title 38216 Ch 8, Employment and Training of Police Of…56 Ch 6, Tennessee Bureau of Investigation39 Ch 1, Miscellaneous Provisions34 Ch 3, Public Officers Preventing Commissio…23 Ch 5, Inquests21 Ch 7, Post-Mortem Examinations17 Ch 12, Domestic Violence State Coordinating…11 Ch 9, Civil Emergencies6 Ch 10, Intrastate Communication of Criminal…5 Ch 2, Self Defense3 Ch 14, National Crime Prevention and Privac…1

216 sections·Filtered byTitle 38✕

Tenn. Code Ann. § 38-6-120 Criminal history information compiled from intrastate sources — Fees
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(a) 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 in…
Tenn. Code Ann. § 38-6-121 Silver Alert program
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(a) 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 a mi…
Tenn. Code Ann. § 38-6-122 Blue Alert system
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(a) 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…
Tenn. Code Ann. § 38-6-123 Inventory of sexual assault collection kits
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(a) 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) “Sexu…

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Tenn. Code Ann. § 38-6-124 Survey requesting information on best method for interfacing multiple computer databases to allow accessibility by patrolling police officers

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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 specif…

Tenn. Code Ann. § 38-6-125 Help Find the Missing Act

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(a) This section shall be known and may be cited as the “Help Find the Missing Act.” (b) 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 E…

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

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(a) (a) The fire investigations section within the fire prevention division of the department of commerce and insurance is transferred to the Tennessee bureau of investigation.(b) It is the intention of the general assembly that personnel, equipment, funding, duties, authority, a…

Tenn. Code Ann. § 38-6-127 Applicability of endangered child and young adult alert program to endangered person under 25 years of age

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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 no…

Tenn. Code Ann. § 38-6-128 Electronic tracking system for sexual assault evidence collection kits and hold kits

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(a) As used in this section, “forensic medical examination”, “hold kit”, “law enforcement agency”, “sexual assault evidence collection kit”, and “victim” have the same meaning as defined in § 39-13-519. (b) The Tennessee bureau of investigation shall procure and implement an elec…

Tenn. Code Ann. § 38-6-129 Creation of course regarding the prosecution of crimes committed against children — Course requirements

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(a) The Tennessee bureau of investigation, the Tennessee district attorneys general conference, and other relevant parties at the request of the district attorneys general conference shall work in conjunction to implement a course or courses of instruction, composed of live instr…

Tenn. Code Ann. § 38-6-130 Reporting on child and human trafficking crimes

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By December 1, 2023, and by each December 1 thereafter, the Tennessee bureau of investigation shall submit a report on child and human trafficking crimes and trends in this state, based upon data available to the Tennessee bureau of investigation, as well as current programs and …

Tenn. Code Ann. § 38-6-131 The District Attorney General Second Opinion Act

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(a) In any investigation involving a human trafficking offense, as defined in § 39-13-314, an organized crime offense, under title 39, chapter 12, part 2, or an offense classified as a Class A or Class B felony, in which a district attorney general declines prosecution, an invest…

Tenn. Code Ann. § 38-6-132 Establishment of elder financial exploitation reporting mechanism — Investigation of reports

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(a) By no later than October 1, 2024, the Tennessee bureau of investigation shall create an elder financial exploitation reporting mechanism that accepts reports from financial institutions as described in § 45-2-1204(b). (b) Upon receiving a report of suspected elder financial e…

Tenn. Code Ann. § 38-6-133 Reporting requirements for DUI arrests with no detected intoxicants. [Repealed July 1, 2029.]

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(a) The Tennessee bureau of investigation shall provide a report to the speakers of the senate and the house of representatives on or before January 1, 2026, and each January 1 thereafter, detailing the instances in the most recent year for which complete data is available in whi…

Tenn. Code Ann. § 38-6-201 Creation

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There is created the narcotics investigation division within the Tennessee bureau of investigation.

Tenn. Code Ann. § 38-6-202 Mission

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(a) The mission of the narcotics investigation division shall be to investigate, gather evidence and assist in the prosecution of criminal offenses involving controlled substances, controlled substance analogues, narcotics, and other drugs. (b) The narcotics investigation divisio…

Tenn. Code Ann. § 38-6-204 Assistant director

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(a) An assistant director shall be appointed by the director to administer the narcotics investigation division. (b) The assistant director shall be a person of experience and ability in the investigation or prosecution of criminal offenses involving controlled substances, narcot…

Tenn. Code Ann. § 38-6-205 Members of division — Qualifications — Drug Tests — Reassignment

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(a) The narcotics investigation division shall consist of those agents transferred into the new division according to § 38-6-203 [deleted as obsolete], and an additional sixteen (16) agents. The division shall also include four (4) special agents in charge, two (2) secretaries, a…

Tenn. Code Ann. § 38-6-206 Cooperation with other departments

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The narcotics investigation division of the Tennessee bureau of investigation shall have the full cooperation and cooperate fully with the state board of pharmacy, the state board of medical examiners, the department of health, the department of revenue, the department of safety,…

Tenn. Code Ann. § 38-6-207 Presentation of written report to the general assembly

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The director of the Tennessee bureau of investigation and the assistant director of the narcotics investigation division shall present a written report each year to the criminal justice committee of the house of representatives and the judiciary committee of the senate. The repor…

Tenn. Code Ann. § 38-7-101 Short title

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

Tenn. Code Ann. § 38-7-102 Post-mortem examination division

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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…

Tenn. Code Ann. § 38-7-103 Chief medical examiner — Deputies and assistants — Duties and authority

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(a) 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…

Tenn. Code Ann. § 38-7-104 County medical examiner

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(a) 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 …

Tenn. Code Ann. § 38-7-105 Facility for performance of autopsies

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(a) 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. (b) Autopsies may be performed a…

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

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(a) 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 de…

Tenn. Code Ann. § 38-7-107 Disinterment to perform autopsy

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(a) (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…

Tenn. Code Ann. § 38-7-108 Death under suspicious, unusual or unnatural circumstances

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(a) 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 cust…

Tenn. Code Ann. § 38-7-109 Investigation by county medical examiner

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(a) 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,…

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

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(a) 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 …

Tenn. Code Ann. § 38-7-111 Suspected drug overdose — Testing for Kratom

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If a county medical examiner's office or regional forensic center is conducting an autopsy on a decedent and the decedent's suspected cause of death is drug overdose, then the county medical examiner shall test the decedent for the presence of Kratom.

Tenn. Code Ann. § 38-7-112 Immunity of persons performing examinations and autopsies

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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.

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

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

Tenn. Code Ann. § 38-7-117 Subpoena of medical and hospital records

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(a) 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 reques…

Tenn. Code Ann. § 38-7-118 Delivery of remains to family following autopsy

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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.

Tenn. Code Ann. § 38-7-119 Unauthorized video or audio recordings of autopsies

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(a) (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 contra…

Tenn. Code Ann. § 38-7-201 Tennessee medical examiner advisory council — Creation — Members

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(a) (1) There is created the Tennessee medical examiner advisory council, referred to in this section as the “council.”(2) (A) The council shall consist of seventeen (17) members, each of whom shall be a resident of this state. The membership of the council consists of:(i) Three …

Tenn. Code Ann. § 38-8-101 Part definitions

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(1) 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…

Tenn. Code Ann. § 38-8-102 Tennessee peace officer standards and training commission — Creation and composition

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(a) There is established the Tennessee peace officer standards and training commission, referred to in this part as the “commission.” (b) (1) The commission shall consist of:(A) The attorney general and reporter, or the attorney general and reporter's designee;(B) One (1) police …

Tenn. Code Ann. § 38-8-103 Director — Staff — Expenses of members

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(a) The director of the Jerry F. Agee Tennessee law enforcement training academy shall serve as the executive secretary of the commission. (b) Staff for the commission shall be provided through the law enforcement training academy. (c) The members of the commission shall serve wi…

Tenn. Code Ann. § 38-8-104 Powers and duties of commission

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(a) 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…

Tenn. Code Ann. § 38-8-105 Minimum standards binding on governmental entities — Penalty for violation

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(a) 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. (b) Any person who appoints any applicant, who, to the knowledge of the appointer…

Tenn. Code Ann. § 38-8-106 Qualifications of police officers

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(1) 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…

Tenn. Code Ann. § 38-8-107 Certification of officers — In-service training by employing agency — Decertification check. [Effective until January 1, 2028. See the version effective on January 1, 2028.]

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(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 on and after July 1, 2017, must:(1) Enroll in an approved recruit training…

Tenn. Code Ann. § 38-8-108 Donations of property or money to commission

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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 shal…

Tenn. Code Ann. § 38-8-109 Stricter qualifications and standards by employing agency

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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.

Tenn. Code Ann. § 38-8-110 Application of chapter

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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.

Tenn. Code Ann. § 38-8-111 In-service training — Cash supplements

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(a) (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 dur…

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

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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 i…

Tenn. Code Ann. § 38-8-113 Choke hold training

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Use of a choke hold, with or without the use of a police baton, must be taught to candidates at state law enforcement training facilities as a method of restraint to be used only if the officer reasonably believes that deadly force is authorized pursuant to § 39-11-620.