Tennessee Code — 40
Browse 869 sections in division 40 of the Tennessee code. Each section page includes the full statutory text, official source links, and citation guidance.
Sections (showing up to 300)
- § 40-1-105. False affidavit to obtain parole or pardon.
- § 40-1-106. Officials defined as magistrates.
- § 40-1-107. Courts vested with original jurisdiction.
- § 40-1-108. Original jurisdiction of circuit and criminal courts.
- § 40-1-109. Jurisdiction of general sessions courts.
- § 40-1-110. Judicial acts of general sessions judges.
- § 40-1-111. Appointment of judicial commissioners or magistrates — Duties — Terms — Compensation — Continuing education.
- § 40-2-101. Felonies.
- § 40-2-102. Misdemeanors.
- § 40-2-103. Period of concealment of crime or absence from state.
- § 40-2-104. Commencement of prosecution.
- § 40-2-105. Suspension of statute because of irregularities in prosecution.
- § 40-2-106. Suspension on reversal.
- § 40-3-101. Methods enumerated.
- § 40-3-102. Indictment or presentment.
- § 40-3-103. Information.
- § 40-3-104. Actions in name of state.
- § 40-3-105. Prosecution for same offense in both state and municipal court prohibited.
- § 40-3-201. Short title.
- § 40-3-202. Legislative intent.
- § 40-3-203. Bad check restitution program — Application — Fees and charges — Failure to pay bad check.
- § 40-3-204. Fees in criminal prosecutions.
- § 40-3-205. Payment of fees.
- § 40-3-206. Collection of fees — Clerk's fee.
- § 40-3-207. Deposit of fees — Records — Reports — Audits.
- § 40-3-208. Immunity of officials and employees.
- § 40-3-209. Prosecuting attorney's office — Compensation not decreased — Authorized and unauthorized use of funds.
- § 40-3-210. Existing laws not repealed — Fees additional.
- § 40-4-101. Preliminary proceedings.
- § 40-4-102. Investigation by grand jury.
- § 40-4-103. Plea of guilty.
- § 40-4-104. [Reserved.]
- § 40-4-106. Payment of fine and costs.
- § 40-4-107. Security for fine and costs.
- § 40-4-108. Execution for fine and costs.
- § 40-4-109. [Reserved.]
- § 40-4-111. Bail pending appeal.
- § 40-4-112. Appeal from sentence imposed.
- § 40-4-117. Bail — Forfeiture.
- § 40-4-122. Municipal courts divested of jurisdiction.
- § 40-4-123. Distribution of fines, forfeitures and penalties.
- § 40-4-124. Effect on private acts and city charters.
- § 40-5-101. “Magistrate” defined.
- § 40-5-102. Officials who are magistrates.
- § 40-5-103. Examination required before commitment.
- § 40-5-104. Subpoena of witnesses.
- § 40-5-105. Disposition by magistrate.
- § 40-5-106. Officials prohibited from issuing warrants.
- § 40-5-201. Creation of position — Duties.
- § 40-5-202. Term of office — Eligibility for appointment.
- § 40-5-203. Compensation and fees.
- § 40-5-204. Appointment.
- § 40-6-101. “Search warrant” defined.
- § 40-6-102. Grounds for issuance.
- § 40-6-103. Probable cause and affidavit.
- § 40-6-104. Examination of complainant.
- § 40-6-105. Issuance of warrant.
- § 40-6-106. Form of warrant.
- § 40-6-107. Return date.
- § 40-6-108. Exclusionary Rule Reform Act.
- § 40-6-109. [Expired.]
- § 40-6-110. Searches of cellular telephones and cellular telephone data.
- § 40-6-201. “Warrant of arrest” defined.
- § 40-6-202. Power of magistrates.
- § 40-6-203. Examination of affiant.
- § 40-6-204. Contents of examination.
- § 40-6-205. Issuance of warrant.
- § 40-6-206. Time of issuance and return — Misdemeanor cases.
- § 40-6-207. Form of warrant.
- § 40-6-208. Contents of warrant.
- § 40-6-209. Officer to whom directed.
- § 40-6-210. Person by whom executed. [Amendments made by Acts 1996, ch. 753, § 2 contingent on county approval. See the Compiler's Notes.]
- § 40-6-211. Accuseds outside county — Persons to whom warrant issued — Accused brought before magistrate.
- § 40-6-212. Execution outside county.
- § 40-6-213. Execution anywhere in state.
- § 40-6-214. Authority of clerks and deputies of general sessions courts.
- § 40-6-215. Summons instead of arrest warrant.
- § 40-6-216. Copies of warrants.
- § 40-6-217. Issuance of arrest warrant in lieu of criminal summons.
- § 40-6-301. Short title.
- § 40-6-302. Legislative purpose.
- § 40-6-303. Definitions.
- § 40-6-304. Order for electronic surveillance — Application — Required findings — Expiration of order — Recordings — Evidence — Motions to suppress.
- § 40-6-305. Interception of communications for evidence of certain crimes.
- § 40-6-306. Disclosure of communications to law enforcement officers.
- § 40-6-307. Use of contents in evidence.
- § 40-6-308. Reports.
- § 40-6-309. Application of law.
- § 40-6-310. Construction of ambiguous provisions.
- § 40-6-311. Pen register or trap and trace order.
- § 40-7-101. Persons by whom arrests made.
- § 40-7-102. Offense in presence of magistrate.
- § 40-7-103. Grounds for arrest by officer without warrant.
- § 40-7-104. Time of arrest by officer.
- § 40-7-105. Assistance to officer acting on warrant.
- § 40-7-106. Notice of authority and grounds for arrest — Telephone call.
- § 40-7-107. Authority of officer to break in.
- § 40-7-108. Resistance to officer.
- § 40-7-109. Arrest by private person — Grounds.
- § 40-7-110. Arrest by private person — Time.
- § 40-7-111. Arrest by private person — Notice of grounds.
- § 40-7-112. Arrest by private person — Notice of intention to make arrest — Use of force to enter dwelling house.
- § 40-7-113. Disposition of person arrested by private person.
- § 40-7-114. Pursuit after escape.
- § 40-7-115. Breaking in to retake escaped prisoner.
- § 40-7-116. Theft — Detention of suspect by merchant or peace officer.
- § 40-7-117. Theft of property valued at more than $500 in retail or wholesale establishments — Arrest by peace officer without warrant.
- § 40-7-118. Use of citations in lieu of continued custody of an arrested person.
- § 40-7-119. Strip searches restricted.
- § 40-7-120. Release citations for misdemeanants.
- § 40-7-121. Body cavity searches — Warrant requirement — Waiver — Liability.
- § 40-7-122. Fee for booking and processing of persons subject to arrest or summons.
- § 40-7-123. Development of standardized written procedure of verifying citizenship status.
- § 40-7-201. Short title.
- § 40-7-202. Part definitions.
- § 40-7-203. Power of officers from other states to arrest.
- § 40-7-204. Examination by magistrate.
- § 40-7-205. Certification of law to other states.
- § 40-8-101. Offer of reward by governor.
- § 40-8-102. Reward for persons obstructing railroad tracks.
- § 40-8-103. Conditions for reward.
- § 40-8-104. Payment of reward.
- § 40-8-105. Reward pool fund.
- § 40-8-106. Reward.
- § 40-9-101. Short title.
- § 40-9-102. Chapter definitions.
- § 40-9-103. Warrant of arrest for crime in another state.
- § 40-9-104. Arrest without warrant for felony in another state.
- § 40-9-105. Commitment awaiting extradition.
- § 40-9-106. Admission to bail.
- § 40-9-107. Forfeiture of bail.
- § 40-9-108. Disposition of prisoner on expiration of time specified in warrant of commitment — No discharge pending proceedings before governor.
- § 40-9-109. Governor's duty to cause arrest and extradition of fugitives.
- § 40-9-110. Contents of demands from other states.
- § 40-9-111. Investigation by prosecuting officer.
- § 40-9-112. Allegations required in demand for extradition.
- § 40-9-113. Acts resulting in crime in state in which accused is not present.
- § 40-9-114. Guilt or innocence not inquired into.
- § 40-9-115. Demand for person held on charge of crime in Tennessee.
- § 40-9-116. Issuance of warrant of arrest.
- § 40-9-117. Recall or reissuance of warrant.
- § 40-9-118. Authority given by governor's warrant.
- § 40-9-119. Information to person arrested — Habeas corpus.
- § 40-9-120. Confinement of prisoner en route.
- § 40-9-121. Demand for fugitive from Tennessee.
- § 40-9-122. Warrant to agent to return prisoner.
- § 40-9-123. Application for requisition of person charged with crime.
- § 40-9-124. Application for requisition of escapee, bail jumper, parole violator, probationer, or community corrections violator.
- § 40-9-125. Form and contents of application.
- § 40-9-126. Expenses paid by state.
- § 40-9-127. Expenses paid by county.
- § 40-9-128. Trial for crimes not specified in requisition.
- § 40-9-129. Construction of chapter.
- § 40-9-130. Waiver.
- § 40-10-101. Notice of charge and right to counsel.
- § 40-10-102. Time allowed to procure counsel.
- § 40-10-103. Separation and exclusion of witnesses.
- § 40-10-104. Bail.
- § 40-10-105. Election by prisoner to perform hard labor.
- § 40-10-106. Reports on elections to perform hard labor.
- § 40-10-107. Bond of witnesses.
- § 40-10-108. Form of bond.
- § 40-10-109. Increase of bond — Surety.
- § 40-10-110. Minors as witnesses.
- § 40-10-111. Commitment of witnesses.
- § 40-10-112. Bail of witnesses.
- § 40-10-113. Magistrates acting in association.
- § 40-10-114. Waiver of preliminary hearing — Objection by state.
- § 40-11-101. Short title.
- § 40-11-102. Bailable offenses.
- § 40-11-103. Methods of release.
- § 40-11-104. Authority to release defendants.
- § 40-11-105. Right to bail — Bail by clerk — Maximum amounts.
- § 40-11-106. Authority to take bail — Appeal.
- § 40-11-107. Taking bail before commitment.
- § 40-11-108. Taking bail after commitment.
- § 40-11-109. Taking bail after indictment.
- § 40-11-110. Bail for material witness.
- § 40-11-111. Bail for persons under disability.
- § 40-11-112. Arrest warrant issued for failure to comply with conditions.
- § 40-11-113. Admission to bail pending appeal.
- § 40-11-114. Contents of written undertaking.
- § 40-11-115. Release on recognizance or unsecured bond — Factors considered.
- § 40-11-116. Conditions on release.
- § 40-11-117. Bail security required.
- § 40-11-118. Execution and deposit — Bail set no higher than necessary — Factors considered — Bonds and sureties.
- § 40-11-119. Return of deposit to defendant.
- § 40-11-120. Forfeiture of defendant's bail deposit.
- § 40-11-121. Judgment for fine and costs — Deposit applied to payment.
- § 40-11-122. Bail bond secured by real estate or sureties.
- § 40-11-123. Sufficiency of sureties — Evidence.
- § 40-11-124. List of approved and qualified professional bondsmen — Certification required — Rules concerning qualifications.
- § 40-11-125. Approval of bondsmen withheld, withdrawn or suspended.
- § 40-11-126. “Unprofessional conduct” defined for bondsmen and surety agents.
- § 40-11-127. Charges preferred against bondsman.
- § 40-11-128. Certain persons disqualified as bondsmen.
- § 40-11-129. Sureties not discharged by irregularities.
- § 40-11-130. Duration of bond or recognizance.
- § 40-11-131. Defects in bond no defense.
- § 40-11-132. Exoneration of bail bondsman or surety by surrender of defendant.
- § 40-11-133. Arrest of defendant by bail bondsman or other authorized person.
- § 40-11-134. Sheriff assisting bail bondsman or surety in arrest.
- § 40-11-135. Return of bail bond after arrest.
- § 40-11-136. Surrender to sheriff.
- § 40-11-137. Duty of bail bondsman or surety upon surrendering defendant — Hearing.
- § 40-11-138. Release of bail bondsmen or sureties from obligations.
- § 40-11-139. Forfeiture of bail security — Notice to defendant and sureties.
- § 40-11-140. Execution on judgment.
- § 40-11-141. Release during trial — Revocation.
- § 40-11-142. Due diligence to determine person’s criminal history.
- § 40-11-143. Change in bail or conditions of release.
- § 40-11-144. Review of release decision.
- § 40-11-145. “Guaranteed arrest or bail bond certificate” defined.
- § 40-11-146. Guaranteed arrest or bail bond certificate in lieu of cash bail.
- § 40-11-147. Admission to bail after arrest in one county upon a warrant issued in another county.
- § 40-11-148. Bail for defendant charged with commission of crime while free on bail.
- § 40-11-149. Attorney not permitted to sign bond in criminal case.
- § 40-11-150. Determination of risk to victim prior to release — Conditional release — Discharge of conditions — Notification to law enforcement.
- § 40-11-151. Notice to person employing bail bondsman.
- § 40-11-152. Global positioning monitoring system as a condition of bail.
- § 40-11-153. Release within twelve hours of the time of arrest prohibited for certain offenses — Exceptions — Requirements.
- § 40-11-201. Conditional judgment on failure to appear.
- § 40-11-202. Scire facias.
- § 40-11-203. Exoneration by surrender of defendant.
- § 40-11-204. Relief on forfeited recognizances.
- § 40-11-205. Refund of forfeiture payments on reversal.
- § 40-11-206. State purchase of land sold to collect on forfeiture.
- § 40-11-207. Notice to district attorney general of sale of land.
- § 40-11-208. Bid by district attorney general.
- § 40-11-209. Certificate of district attorney general.
- § 40-11-210. Disposition of copies of certificate.
- § 40-11-211. Certificate received and delivered to state or county.
- § 40-11-212. Sheriff's deed delivered to district attorney general.
- § 40-11-213. Delivery of deed to county.
- § 40-11-214. Payment of costs — Notice to clerk of court.
- § 40-11-215. Redemption of property.
- § 40-11-301. Part definitions.
- § 40-11-302. Applicability of part — Exclusion from insurance company laws — Acting as sureties — Bonding capacity.
- § 40-11-303. Semiannual report of bondsmen.
- § 40-11-304. Receipts furnished by bondsmen.
- § 40-11-305. Investigation of solvency.
- § 40-11-306. Prohibition of execution of bonds.
- § 40-11-307. Charges for fixing case prohibited.
- § 40-11-308. Guarantees of immunity prohibited.
- § 40-11-309. Fixing of cases prohibited.
- § 40-11-310. Giving or procuring legal assistance unlawful.
- § 40-11-311. Illegal contracts void — Recovery of payments and penalty.
- § 40-11-312. Penalty.
- § 40-11-313. Peace officers, their deputies, and certain county officials prohibited from acting as professional bondsmen.
- § 40-11-314. [Reserved.]
- § 40-11-316. Maximum premium — Initiation fee.
- § 40-11-317. Criminal background check — Experience — Bankruptcy.
- § 40-11-318. Bounty hunting.
- § 40-11-319. Notice of arrest of bondsman.
- § 40-11-320. Prerequisite to employing bounty hunter.
- § 40-11-401. Continuing education required.
- § 40-11-402. Certificate of compliance.
- § 40-11-403. Noncompliance.
- § 40-11-404. Courses — Certificate of compliance — Fees.
- § 40-11-405. Rights of trial judges — Appeal from nonapproval of bondsman.
- § 40-12-101. Impaneling bystanders.
- § 40-12-102. Persons guilty of conspiracy ineligible.
- § 40-12-103. Reconvening to consider felony.
- § 40-12-104. Application to testify by person having knowledge of commission of offense.
- § 40-12-105. Notice of grand jury meeting to be posted by court clerk.
- § 40-12-106. Prosecution of persons applying to testify not barred — Express immunity.
- § 40-12-107. Supplemental to present law.
- § 40-12-201. Use of investigative grand jury.
- § 40-12-202. Committee review of application.
- § 40-12-203. Filing of petition.
- § 40-12-204. Record of filing.
- § 40-12-205. Grant or denial of petition.
- § 40-12-206. Members — Powers.
- § 40-12-207. Persons present during proceedings.
- § 40-12-208. Record of proceedings.
- § 40-12-209. Confidentiality of proceedings and documents.
- § 40-12-210. Conditions for disclosure of proceedings and documents.
- § 40-12-211. Breach of confidentiality — Penalty.
- § 40-12-212. Indictments.
- § 40-12-213. Subpoena power — Examination of witnesses.
- § 40-12-214. Subpoenas to banks exempt from notice requirement.
- § 40-12-215. Grant of immunity.
- § 40-12-216. Witness' right to consult counsel.
- § 40-12-217. Dissolution — Extension of time to complete investigation.
- § 40-12-218. Construction of part.
- § 40-13-101. “Indictment” defined.
- § 40-13-102. Offenses indictable.
- § 40-13-103. Prosecutor required.
- § 40-13-104. Prosecutor not required.
- § 40-13-105. Concurrence in true bill.
- § 40-13-106. Endorsement when indictment not found.
- § 40-13-107. Endorsement of names of witnesses.
- § 40-13-108. Presentation of indictment.
- § 40-13-109. Entry in minutes of felony indictments.
- § 40-13-110. Copies of minutes — New indictment.
- § 40-13-111. Inspection of indictment before arrest.
- § 40-13-112. Disclosure of indictment before arrest.
- § 40-13-201. Form generally.
- § 40-13-202. Statement of offense.
- § 40-13-203. Certainty as to person charged.