Tennessee § 4-42-102 - Chapter definitions.

§ 4-42-102. Chapter definitions.

As used in this chapter: “Law enforcement agency”: Means an agency in this state charged with enforcement of state or federal laws, or with managing custody of detained persons in this state, and includes, but is not limited to, state police, campus police, and the department of safety; and Includes officials, representatives, agents, and employees of an agency described in subdivision (1)(A); “Official” means an agent, employee, member, or representative of a state governmental entity, but does not mean the attorney general and reporter; “Sanctuary policy” means any directive, order, ordinance, resolution, practice, or policy, whether formally enacted, informally adopted, or otherwise effectuated, that: Limits or prohibits any state governmental entity or official from communicating or cooperating with federal agencies or officials to verify or report the immigration status of any alien; Grants to aliens unlawfully present in the United States the right to lawful presence within the boundaries of this state in violation of federal law; Violates 8 U.S.C. § 1373; Restricts in any way, or imposes any conditions on, a state or local governmental entity's cooperation or compliance with detainers from the United States department of homeland security, or other successor agency, to maintain custody of any alien or to transfer any alien to the custody of the United States department of homeland security, or other successor agency; Requires the United States department of homeland security, or other successor agency, to obtain a warrant or demonstrate probable cause before complying with detainers from the department to maintain custody of any alien or to transfer any alien to its custody; or Prevents law enforcement agencies from inquiring as to the citizenship or immigration status of any person; and “State governmental entity” means any state agency, bureau, commission, council, department, law enforcement agency, or unit thereof, but does not mean the office of the attorney general and reporter. Acts 2018, ch. 973, § 1. Compiler's Notes. Acts 2018, ch. 973, § 1 enacted a new chapter 59, §§ 4-59-101 — 4-59-104 ; however, the enactment by Acts 2018, ch. 973, § 1 was designated as chapter 42, §§ 4-42-101 — 4-42-104 by authority of the Code Commission. Acts 2018, ch. 973, § 6 (a) The act, which enacted this section, shall be implemented in a manner consistent with federal laws regulating immigration, protecting the civil rights of all persons, and respecting the privileges and immunities of United States citizens. (b) In complying with the requirements of this act, no law enforcement officer shall consider an individual's race, color, or national origin, except to the extent permitted by the United States or Tennessee constitution, and federal law. Effective Dates. Acts 2018, ch. 973, § 7. January 1, 2019.