Tennessee § 7-68-102 - Chapter definitions.

§ 7-68-102. Chapter definitions.

As used in this chapter: “Law enforcement agency”: Means an agency of a political subdivision of this state charged with enforcement of state, county, municipal, or federal laws, or with managing custody of detained persons in this state, and includes, but is not limited to, county and other municipal police departments and sheriffs' departments; and Includes officials, representatives, agents, and employees of an agency described in subdivision (1)(A); “Local governmental entity” means a governing body, board, commission, committee, department, or law enforcement agency of a municipality, county, or other political subdivision of this state; “Official” means an agent, employee, member, or representative of a local governmental entity; and “Sanctuary policy” means any directive, order, ordinance, resolution, practice, or policy, whether formally enacted, informally adopted, or otherwise effectuated, that: Limits or prohibits any local 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. Acts 2009, ch. 447, § 1; 2018, ch. 973, § 2. Compiler's Notes. Acts 2018, ch. 973, § 6 provided that (a) The act, which amended 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) ln 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. Amendments. The 2018 amendment rewrote the section which read:“As used in this chapter, unless the context otherwise requires:“(1) ‘Local governmental entity’ means a governing body, board, commission, committee or department of a municipality or county; and“(2) ‘Official’ means a member of a governing body, board, commission or committee of a municipality or county or the head of any department of a municipality or county.” Effective Dates. Acts 2018, ch. 973, § 7. January 1, 2019.