Tennessee § 40-11-142 - Due diligence to determine person’s criminal history.

§ 40-11-142. Due diligence to determine person’s criminal history.

After an officer arrests a person for one (1) of the offenses listed in this subsection (a), but prior to the determination of bail for the arrest offense by the judge or magistrate, the arresting officer or the officer's agency shall exercise due diligence in determining the existence of prior arrests for, and violations of, § 39-13-106, § 39-13-115, § 39-13-213(a)(2), § 39-13-218, or § 55-10-401. Using due diligence to determine a person's criminal history means the officer makes use of all available databases, including the Tennessee bureau of investigation interstate identification index (III), the Tennessee criminal history database, driver license history, relevant information related to those prior convictions provided pursuant to § 40-6-203, and other official records regarding the person's prior criminal and arrest history to which the officer or officer's agency has access. Acts 2016, ch. 1075, § 1. Code Commission Notes. Acts 2016, ch. 1075, § 1 enacted a new section § 40-11-153 , but the section has been redesignated as § 40-11-142 by authority of the Code Commission. Compiler's Notes. Former § 40-11-142 (Acts 1978, ch. 506, § 43; T.C.A., § 40-1242), concerning release pending sentence and notice of appeal, was repealed by Acts 1997, ch. 504, § 3, effective July 1, 1997.