Tennessee § 37-1-154 - Law enforcement records — Inspection limited — Exceptions for certain violent offenders.

§ 37-1-154. Law enforcement records — Inspection limited — Exceptions for certain violent offenders.

Unless a charge of delinquency is transferred for criminal prosecution under § 37-1-134, the interest of national security requires or the court otherwise orders in the interest of the child, the law enforcement records and files shall not be open to public inspection or their contents disclosed to the public; but inspection of the records and files is permitted by: A juvenile court having the child before it in any proceeding; Counsel for a party to the proceeding; The officers of public institutions or agencies to whom the child is committed; Law enforcement officers of other jurisdictions when necessary for the discharge of their official duties; and A court in which such child is convicted of a criminal offense for the purpose of a presentence report or other dispositional proceeding, or by officials of penal institutions and other penal facilities to which such child is committed, or by a parole board in considering such child's parole or discharge or in exercising supervision over such child. Notwithstanding subsection (a), petitions and orders of the court in a delinquency proceeding under this part shall be opened to public inspection and their content subject to disclosure to the public if: The juvenile is fourteen (14) years of age or older at the time of the alleged act; and The conduct constituting the delinquent act, if committed by an adult, would constitute first degree murder, second degree murder, rape, aggravated rape, aggravated sexual battery, rape of a child, aggravated rape of a child, aggravated robbery, especially aggravated robbery, kidnapping, aggravated kidnapping, or especially aggravated kidnapping; or The conduct constituting the delinquent act, if committed by an adult, would constitute an act of terrorism, as defined by § 39-13-803, or an attempt to commit an act of terrorism. Notwithstanding the provisions of this section, if a court file or record contains any documents other than petitions and orders, including, but not limited to, a medical report, psychological evaluation or any other document, such document or record shall remain confidential. Except as otherwise permitted in this section, it is an offense for a person to intentionally disclose or disseminate to the public the law enforcement records concerning a charge of delinquency, including the child's name and address. A violation of this subsection (d) shall be punished as criminal contempt of court as otherwise authorized by law. Notwithstanding other provisions of this section, where notice is required under § 49-6-3051, an abstract of the appropriate adjudication contained in the court file or record shall be made and provided to the parent, guardian, or other custodian of the juvenile, including the department, and this abstract shall be presented to the school in which the juvenile is, or may be, enrolled, in compliance with § 49-6-3051. Acts 1970, ch. 600, § 52; T.C.A., § 37-252; Acts 1994, ch. 998, § 1; 1999, ch. 366, § 2; 2003, ch. 238, § 3; 2005, ch. 265, § 5; 2020, ch. 806, § 1. Amendments. The 2020 amendment redesignated former (b)(1) and (2) as present (b)(1)(A) and (B); in (b)(1)(B), inserted “aggravated sexual battery,” and “aggravated rape of a child,”; and added present (b)(2). Effective Dates. Acts 2020, ch. 806, § 6. October 1, 2020. Cross-References. Confidentiality of public records, § 10-7-504 . Contempt, title 29, ch. 9; Tenn. R. Crim. P. 42. Rule Reference. This section is referred to in Rule 14 of the Rules of the Tennessee Court of Appeals. Law Reviews. Rules of Procedure for Courts with Juvenile Jurisdiction in Tennessee (R.B.J. Campbelle, Jr.), 18 No. 2 Tenn. B.J. 20 (1982). Attorney General Opinions. Construction of statutes requiring notification of the school when a student has been found delinquent by virtue of committing certain offenses, OAG 07-127, 2007 Tenn. AG LEXIS 127 (8/27/07). A city/county school, university or college would not be prohibited by FERPA or HIPAA from sharing criminal incident report data with law enforcement. Law enforcement officers and juvenile courts may share information regarding minor children when necessary for the discharge of their official duties. OAG 10-70, 2010 Tenn. AG LEXIS 76 (5/21/10).