Tennessee § 40-24-107 - Criminal injuries compensation fund — County criminal injuries compensation reserve.

§ 40-24-107. Criminal injuries compensation fund — County criminal injuries compensation reserve.

When any person is convicted by a circuit court or a comparable court of record with jurisdiction over criminal matters of a crime of any nature after July 1, 1984, except those crimes for which the law imposes as a maximum possible punishment a fine of less than five hundred dollars ($500) and no imprisonment, there is levied a privilege tax of twenty-six dollars and fifty cents ($26.50) in addition to any other costs or fees imposed in the action. If the person is convicted of a crime against the person, the privilege tax shall be fifty dollars ($50.00) in addition to any other costs or fees. In addition to all other taxes imposed and in addition to other costs or fees, if any person is convicted of a crime against the person of a child under the age of eighteen (18) that constitutes a criminal offense under § 39-12-101, § 39-13-101, §§ 39-13-501 — 39-13-505, § 39-15-302, or § 39-17-1005, there is levied a privilege tax of five hundred dollars ($500). If any person is convicted by a court of general sessions or a comparable court with jurisdiction over criminal matters of a crime of any nature after July 1, 1984, except those crimes for which the law imposes as a maximum possible punishment a fine of less than five hundred dollars ($500) and no imprisonment, there is levied a privilege tax of twenty-six dollars and fifty cents ($26.50) in addition to any other costs or fees imposed in the action. If the person is convicted of a crime against the person, the privilege tax shall be fifty dollars ($50.00) in addition to any other costs or fees. Nothing in this subsection (a) shall be construed as applying to violations of the motor vehicle laws unless the violation is covered by the provisions of title 55, chapter 10, part 4, relating to driving while intoxicated, § 55-10-205, relating to reckless driving, if the reckless driving was proximately caused by the use of an intoxicant or § 55-10-101, relating to the duty to stop at the scene of an accident resulting in injury or death. Whether a person convicted of a crime is exempted from payment of the tax imposed by this subsection (a) shall be determined by the maximum possible sentence imposed by law for the offense rather than the sentence the person actually receives. The tax imposed by this subsection (a) shall be collected by the clerks of the various courts from each person convicted and all funds so collected, with the exception of one dollar ($1.00), which shall be retained by the clerk to defray the expenses of collecting and processing the funds, shall be paid over to the department of revenue for apportionment pursuant to § 67-4-606. In addition to all other revenues set forth in this section, all revenue to which the general fund of the state is otherwise entitled from the sale of illegal contraband seized by any law enforcement agency of the state shall be deposited to the criminal injuries compensation fund. When an offender liable to pay the tax has been convicted and sentenced to a county correctional institution or program, or to an institution or program maintained by the department, the clerk of court shall certify to the appropriate official as provided in this subsection (b) whether payment of the tax has been made. If the offender liable to pay the tax has been convicted and sentenced to an institution or program maintained by the department, the clerk of court shall certify to the commissioner of correction, in the form as the commissioner may direct, whether payment of the tax has been made. The commissioner shall then cause any amount owing to be collected from the prisoner during the offender's period of confinement by the department. If the offender liable to pay the tax has been convicted and sentenced to a correctional institution or program maintained by a county, the clerk of court shall certify to the county officer with supervisory authority over the institution or program whether payment of the tax has been made. The county officer shall then cause any amount owing to be collected from the offender during the offender's period of confinement. The commissioner, or appropriate county official, shall submit reasonable reports as may be requested by the board of claims with respect to the status of an offender's obligation under this section. The total sums collected under this subsection (b) shall be apportioned pursuant to § 67-4-606. There is created in the state treasury a fund to be known as the “criminal injuries compensation fund.” Moneys shall be deposited to the fund as provided by law and shall be invested for the benefit of the fund pursuant to § 9-4-603. Moneys in the fund shall not revert to the general fund of the state, but shall remain available and be appropriated exclusively for providing compensation under the Criminal Injuries Compensation Act, compiled in title 29, chapter 13 and this section. The state treasurer shall annually determine the amount of awards paid to victims of drunk drivers pursuant to title 29, chapter 13, for the preceding fiscal year and shall set aside in a separate reserve within the fund an amount equal to three (3) times the awards paid during that fiscal year. The separate reserve may only be used to pay awards to victims of drunk drivers in the event current revenues to the fund are insufficient to pay awards to the victims. In addition to all other funds that are set forth in this section to be deposited into the criminal injuries compensation fund, all forfeitures of appearance bonds in felony cases shall be paid over to the state treasurer for deposit into the criminal injuries compensation fund. Acts 1976, ch. 736, § 16(a)-(d); 1977, ch. 427, § 3; 1978, ch. 839, § 4; 1979, ch. 331, § 1; impl. am. Acts 1979, ch. 359, §§ 5, 26; 1980, ch. 893, § 1; 1981, ch. 163, §§ 1-3; T.C.A., § 40-3207; Acts 1984, ch. 752, §§ 4, 5; 1984, ch. 997, § 1; 1985, ch. 278, § 10; 1985, ch. 335, § 1; 1985, ch. 403, § 2; 1985, ch. 478, § 25; 1986, ch. 880, § 3; 1990, ch. 755, §§ 11-13; 1992, ch. 761, §§ 5, 6, 9; 1995, ch. 490, § 2; 1996, ch. 675, § 34; 2002, ch. 835, § 1; 2003, ch. 235, §§ 2, 3; 2005, ch. 429, §§ 22, 23; 2008, ch. 1043, § 2. Cross-References. Child sexual abuse generally, title 37, ch. 1, part 6. Contributions by parolees, probationers and employed releasees, § 40-28-201 . Criminal injuries compensation law, title 29, ch. 13. Exemption from contribution to criminal injuries compensation fund, § 40-28-202 . Litigation tax, title 67, ch. 4, part 6. Victim-witness coordinator, § 8-7-206 . Law Reviews. Tennessee's Criminal Injuries Compensation Act, 7 Mem. St. U.L. Rev. 241. Attorney General Opinions. Payment allocation, where defendant indigent, only as to costs or fines, OAG 98-099 (5/27/98). Violations of T.C.A. § 39-15-401 , the child abuse and neglect statute, do not rise to the level of harm contemplated by subdivision (a)(1)(B) of this section, OAG 03-104 (8/19/03).