Title 40 - Criminal Procedure
- Chapter 1 - Jurisdiction and Venue
- 40-1-101 - 40-1-103. [Repealed.]
- 40-1-104 - Fraudulent sale of pledged property.
- 40-1-105 - False affidavit to obtain parole or pardon.
- 40-1-106 - Officials defined as magistrates.
- 40-1-107 - Courts vested with original jurisdiction.
- 40-1-108 - Original jurisdiction of circuit and criminal courts.
- 40-1-109 - Jurisdiction of general sessions courts.
- 40-1-110 - Judicial acts of general sessions judges.
- 40-1-111 - Appointment of judicial commissioners Duties Terms Compensation Continuing education.
- Chapter 2 - Limitation of Prosecutions
- Chapter 3 - Methods of Prosecution
- Chapter 4 - Proceedings Before General Sessions Courts
- 40-4-101 - Preliminary proceedings.
- 40-4-102 - Investigation by grand jury.
- 40-4-103 - Plea of guilty.
- 40-4-104 - [Reserved.]
- 40-4-105 - Notice of trial to victim of personal violence.
- 40-4-106 - Payment of fine and costs.
- 40-4-107 - Security for fine and costs.
- 40-4-108 - Execution for fine and costs.
- 40-4-109 - [Repealed.]
- 40-4-110 - Appeal of proceedings.
- 40-4-111 - Bail pending appeal.
- 40-4-112 - Appeal from sentence imposed.
- 40-4-113 - [Repealed.]
- 40-4-114 - [Repealed.]
- 40-4-115 - [Repealed.]
- 40-4-116 - Liability for neglect of duty.
- 40-4-117 - Bail Forfeiture.
- 40-4-118 - [Repealed.]
- 40-4-119 - , 40-4-120. [Reserved.]
- 40-4-121 - Jurisdiction of general sessions courts in certain counties.
- 40-4-122 - Municipal courts divested of jurisdiction.
- 40-4-123 - Distribution of fines, forfeitures and penalties.
- 40-4-124 - Effect on private acts and city charters.
- Chapter 5 - Magistrates and Judicial Commissioners
- Chapter 6 - Warrants
- Chapter 7 - Arrest
- Chapter 8 - Rewards for Apprehension
- Chapter 9 - Uniform Criminal Extradition Act
- 40-9-101 - Short title.
- 40-9-102 - Chapter definitions.
- 40-9-103 - Warrant of arrest for crime in another state.
- 40-9-104 - Arrest without warrant for felony in another state.
- 40-9-105 - Commitment awaiting extradition.
- 40-9-106 - Admission to bail.
- 40-9-107 - Forfeiture of bail.
- 40-9-108 - Disposition of prisoner on expiration of time specified in warrant of commitment No discharge pending proceedings before governor.
- 40-9-109 - Governor's duty to cause arrest and extradition of fugitives.
- 40-9-110 - Contents of demands from other states.
- 40-9-111 - Investigation by prosecuting officer.
- 40-9-112 - Allegations required in demand for extradition.
- 40-9-113 - Acts resulting in crime in state in which accused is not present.
- 40-9-114 - Guilt or innocence not inquired into.
- 40-9-115 - Demand for person held on charge of crime in Tennessee.
- 40-9-116 - Issuance of warrant of arrest.
- 40-9-117 - Recall or reissuance of warrant.
- 40-9-118 - Authority given by governor's warrant.
- 40-9-119 - Information to person arrested Habeas corpus.
- 40-9-120 - Confinement of prisoner en route.
- 40-9-121 - Demand for fugitive from Tennessee.
- 40-9-122 - Warrant to agent to return prisoner.
- 40-9-123 - Application for requisition of person charged with crime.
- 40-9-124 - Application for requisition of escapee, bail jumper, parole violator, probationer, or community corrections violator.
- 40-9-125 - Form and contents of application.
- 40-9-126 - Expenses paid by state.
- 40-9-127 - Expenses paid by county.
- 40-9-128 - Trial for crimes not specified in requisition.
- 40-9-129 - Construction of chapter.
- 40-9-130 - Waiver.
- Chapter 10 - Preliminary Examination
- 40-10-101 - Notice of charge and right to counsel.
- 40-10-102 - Time allowed to procure counsel.
- 40-10-103 - Separation and exclusion of witnesses.
- 40-10-104 - Bail.
- 40-10-105 - Election by prisoner to perform hard labor.
- 40-10-106 - Reports on elections to perform hard labor.
- 40-10-107 - Bond of witnesses.
- 40-10-108 - Form of bond.
- 40-10-109 - Increase of bond Surety.
- 40-10-110 - Minors as witnesses.
- 40-10-111 - Commitment of witnesses.
- 40-10-112 - Bail of witnesses.
- 40-10-113 - Magistrates acting in association.
- Chapter 11 - Bail
- Chapter 12 - Grand Jury Proceedings
- Chapter 13 - Indictments
- Chapter 14 - Rights of Defendants
- Chapter 15 - Pretrial Diversion
- 40-15-101 - Default of defendant.
- 40-15-102 - Pretrial diversion meetings.
- 40-15-103 - Deferring pending proceedings.
- 40-15-104 - Pretrial investigation.
- 40-15-105 - Memorandum of understanding Suspended prosecution.
- 40-15-106 - Certification that defendant not disqualified by prior conviction, pretrial diversion or expunged offense.
- 40-15-107 - Uniform application for pretrial diversion.
- Chapter 16 - Immunity From Prosecution
- Chapter 17 - Evidence and Witnesses
- Chapter 18 - Trial and Verdict
- 40-18-101 - Designation of state's day.
- 40-18-102 - Rules of practice.
- 40-18-103 - [Obsolete except for persons previously convicted of Class X felonies] Time for trial Continuance.
- 40-18-104 - Drawing of jurors' names.
- 40-18-105 - Challenge of juror acting as bail.
- 40-18-106 - Jurors sworn together.
- 40-18-107 - Boarding jurors.
- 40-18-108 - Discharge of jury.
- 40-18-109 - Retrial after discharge of jury.
- 40-18-110 - Charge as to lesser included offenses Written request.
- 40-18-111 - General verdict of guilty.
- 40-18-112 - Uncertainty as to intent or means of offense.
- 40-18-113 - Multiple defendants.
- 40-18-114 - Assessment of fine by jury.
- 40-18-115 - Women jurors in felony cases.
- 40-18-116 - Sequestration of jurors.
- 40-18-117 - Instructions concerning insanity.
- 40-18-118 - Peremptory challenges.
- Chapter 19 - Defects in Proceedings
- Chapter 20 - Judgment and Sentence
- Chapter 21 - Suspension of Sentence [Repealed]
- Chapter 22 - Judicial Recommendation of Clemency
- 40-22-101 - Postponement of execution of sentence pending application for clemency.
- 40-22-102 - Suspension of execution to permit application for pardon.
- 40-22-103 - Transmittal of documents and recommendations to commissioner.
- 40-22-104 - Prisoner placed under commissioner.
- 40-22-105 - Custody or appearance bond.
- 40-22-106 - Execution of sentence in absence of parole or pardon.
- 40-22-107 - Entry of pardon or parole Discharge of bond.
- 40-22-108 - Supervision pending application.
- 40-22-109 - Parole or recommendation of pardon.
- 40-22-110 - Maximum term of parole Power to pardon unaffected.
- 40-22-111 - Notice of grant of parole.
- 40-22-112 - Duties of probation and parole officer.
- 40-22-113 - Supervision by state parole officer.
- 40-22-114 - Transmittal of papers and recommendations to governor.
- 40-22-115 - Notice of governor's action.
- 40-22-116 - Entry of parole or pardon.
- 40-22-117 - Construction of chapter.
- Chapter 23 - Execution of Judgment
- 40-23-101 - Commencement of sentence Credit for pretrial detention and jail time pending appeal.
- 40-23-102 - Defendant in custody at time of judgment.
- 40-23-103 - Sheriff to commit defendant.
- 40-23-104 - Sentence to workhouse for felony term Removal by trial judge.
- 40-23-105 - Felons sentenced to jail compelled to hard labor.
- 40-23-106 - Notice to commissioner of convicts for penitentiary.
- 40-23-107 - Safekeeping of inmates Transfers to penitentiary.
- 40-23-108 - Order specifying number of guards for removal of prisoners.
- 40-23-109 - Warrant to summon aid in removal of prisoners.
- 40-23-110 - Summons of additional guards.
- 40-23-111 - Qualifications of guard.
- 40-23-112 - Juror disqualified to act as guard.
- 40-23-113 - Report by sheriff to department of correction.
- 40-23-114 - Death by lethal injection Election of electrocution.
- 40-23-115 - Maintenance of death chamber.
- 40-23-116 - Manner of executing sentence of death Witnesses.
- 40-23-117 - Death sentence stands if not carried out at scheduled time.
- 40-23-118 - Warrant for apprehension of condemned inmate.
- 40-23-119 - Order of execution after arrest of condemned prisoner.
- Chapter 24 - Fines
- 40-24-101 - Payment of fines Manner.
- 40-24-102 - Release of fines and forfeitures.
- 40-24-103 - Confession of judgment.
- 40-24-104 - Nonpayment of fines.
- 40-24-105 - Collection of fines, costs and litigation taxes Conversion to civil judgement.
- 40-24-106 - Fines accruing to state.
- 40-24-107 - Criminal injuries compensation fund County criminal injuries compensation reserve.
- 40-24-108 - Sexual assault program services.
- 40-24-109 - Services to victims of certain types of crimes.
- Chapter 25 - Fees of Officers
- 40-25-101 - Application of general provisions as to fees.
- 40-25-102 - Express authorization required.
- 40-25-103 - Fees to officers acting in lieu of named officers.
- 40-25-104 - Costs adjudged.
- 40-25-105 - Prosecutor not entitled to fees.
- 40-25-106 - Witnesses living near court.
- 40-25-107 - State and county expense fees on misdemeanors.
- 40-25-108 - Loss of fees by clerk's neglect.
- 40-25-109 - Fees on unserved process.
- 40-25-110 - Fees lost by escape of prisoner Exception.
- 40-25-111 - Payment for transporting prisoners Limitation on charges.
- 40-25-112 - Limitation on sheriff's fees.
- 40-25-113 - Certification of items in bill of costs.
- 40-25-114 - Discretion of court.
- 40-25-115 - Certification of jury expenses in misdemeanor cases.
- 40-25-116 - Certificate required for payment.
- 40-25-117 - Refund of expenses collected from defendant.
- 40-25-118 - Certification of fees for boarding juries and prisoners under indictment.
- 40-25-119 - Contents of bill of fees.
- 40-25-120 - Taxation of final costs to state.
- 40-25-121 - Collection and refund of costs for which state not liable.
- 40-25-122 - Seal not required on certificates.
- 40-25-123 - Payment of costs by defendant Suspension of costs and litigation tax for indigent defendants.
- 40-25-124 - Costs where several defendants.
- 40-25-125 - Costs on peace warrant.
- 40-25-126 - Taxing of costs of malicious or frivolous prosecution.
- 40-25-127 - Taxing of costs on abandonment of prosecution.
- 40-25-128 - Taxing prosecutor where defendant has made settlement.
- 40-25-129 - Cases in which state or county liable.
- 40-25-130 - Circumstances when state or county liable.
- 40-25-131 - State liability.
- 40-25-132 - County liability.
- 40-25-133 - Costs included.
- 40-25-134 - Judgment for costs.
- 40-25-135 - Remission and distribution of costs collected.
- 40-25-136 - Certification of bills of costs against state or county.
- 40-25-137 - Audit and payment of bills of costs.
- 40-25-138 - Warrants payable to person entitled to fees.
- 40-25-139 - Payments to correct errors on bills of costs.
- 40-25-140 - Felony cases transferred to federal court.
- 40-25-141 - Misdemeanor cases transferred.
- 40-25-142 - Payment to federal authorities.
- 40-25-143 - Collecting from inmate trust fund account.
- Chapter 26 - Appeal
- Chapter 27 - Executive Clemency
- 40-27-101 - Power of governor.
- 40-27-102 - Conditions and restrictions Warrants.
- 40-27-103 - Return of governor's warrant.
- 40-27-104 - Remission of imprisonment.
- 40-27-105 - Commutation of death penalty on application for pardon.
- 40-27-106 - Commutation on certificate of supreme court.
- 40-27-107 - Record of reasons for clemency.
- 40-27-108 - Restoration of citizenship on pardon of manslaughter.
- 40-27-109 - Exoneration.
- Chapter 28 - Probation, Paroles and Pardons
- Chapter 29 - Restoration of Citizenship
- Chapter 30 - Post-Conviction Procedure
- Chapter 31 - Interstate Compact on Detainers
- 40-31-101 - Enactment of agreement Text.
- 40-31-102 -
- 40-31-103 - Enforcement of agreement Cooperation with party states.
- 40-31-104 - Escape from temporary custody.
- 40-31-105 - Surrender of prisoner mandatory.
- 40-31-106 - [Repealed.]
- 40-31-107 - Central administrator and information agent Designation Report.
- 40-31-108 - Distribution of copies of enactment.
- Chapter 32 - Destruction of Records Upon Dismissal or Acquittal
- Chapter 33 - Forfeitures
- Chapter 34 - Contract Sentencing
- 40-34-101 - Short title.
- 40-34-102 - Authority to establish program.
- 40-34-103 - Sentence agreements Notice to officials and victims.
- 40-34-104 - Coordination of contract sentencing program.
- 40-34-105 - Establishment of alternative objectives of programs Removal of prisoner from program.
- 40-34-106 - Prisoners not exempt from department regulations.
- 40-34-107 - Report to select oversight committee on corrections.
- 40-34-108 - Maximum reduction of sentence.
- Chapter 35 - Criminal Sentencing Reform Act of 1989
- Chapter 36 - Community Corrections
- Chapter 37 - [RESERVED]
- Chapter 38 - Victims' Rights
- Chapter 39 - Sexual Offender Registration and Monitoring