Tennessee § 38-6-109 - Verification of criminal violation information.

§ 38-6-109. Verification of criminal violation information.

The Tennessee bureau of investigation shall process requests for criminal background checks from any authorized persons, organizations or entities permitted by law to seek criminal history background checks on certain persons, pursuant to a format and under procedures as it may require. At the request of any persons, organizations or entities authorized by law to make fingerprint requests, the Tennessee bureau of investigation shall receive fingerprint samples from the persons, organizations or entities permitted by law to make those requests and shall check the prints against its records by using its computer files of criminal offenders contained in the Tennessee crime information center (T.C.I.C.) to process these requests and, to the extent permitted by federal law, shall also check the prints against records maintained by the federal bureau of investigation to determine if prior criminal history or convictions exist. Upon completion of the search, the bureau shall report its findings to the requesting persons, organizations or entities authorized by law to receive such information. Agencies or organizations that have an agreement to do so with the Tennessee bureau of investigation and that have any responsibility or authority under law for conducting criminal history background reviews of persons may also access directly the computer files of the T.C.I.C. using only names or other identifying data elements to obtain available Tennessee criminal history background information for purpose of background reviews. If review by the method permitted by subdivision (c)(1) indicates the need for further verification of the individual's criminal history, and if authorized by the requesting entity's legal authority, the requesting entity may submit fingerprint samples for a criminal history background check by the Tennessee bureau of investigation as otherwise authorized by this section. The fees for fingerprint searches shall be the same for a Tennessee search as for a federal bureau of investigation search and shall be according to the fee schedule established by the federal bureau of investigation. The instant check unit of the Tennessee bureau of investigation shall contact the agency making the entry of an order of protection into the national crime information center within one (1) day if the subject of the order of protection attempts to purchase a firearm. If a person who has been adjudicated as a mental defective or judicially committed to a mental institution attempts to purchase a firearm, and the instant check unit of the Tennessee bureau of investigation confirms the person's record by means of a record indicating the person's name, birth date, social security number, and either the person's sex or race, the unit shall contact, within twenty-four (24) hours, the chief law enforcement officer of the jurisdiction where the attempted purchase occurred for the purpose of initiating an investigation into a possible violation of law. Acts 1985, ch. 478, § 28; 1996, ch. 1079, § 121; 2000, ch. 981, § 15; 2008, ch. 830, § 1; 2016, ch. 729, § 1; 2018, ch. 799, § 1. Compiler's Notes. For transfer of certain duties from the department of human services to the department of health, see Executive Order No. 6 (January 12, 1996). Amendments. The 2016 amendment added (e). The 2018 amendment added (f). Effective Dates. Acts 2016, ch. 729, § 2. April 7, 2016. Acts 2018, ch. 799, § 7. July 1, 2018.