Tennessee Code Title 38. Prevention and Detection of Crime § 38-8-352

(a) As used in this section:

(b) A prosecuting agency that maintains a Brady list shall adopt a policy that must be sent to all law enforcement agencies in the district for comment before the policy is adopted.  At a minimum, the policy must include the following:

(c) As soon as practicable, before a prosecuting agency makes a determination to place a law enforcement officer's name on a Brady list, the prosecuting agency shall send a written notice by mail or email to the law enforcement officer's current or last known employment address.  On receipt of the notice, the law enforcement officer's current or last known employer shall provide the written notice to the officer at the officer's last known address The written notice must include, at a minimum, the following:

(d) If the prosecuting agency places an officer's name on a Brady list, then the prosecuting agency shall send a written notice by mail or email to the officer's current or last known employment address.  Upon receipt of the notice, the officer's current or last known employer shall provide the written notice to the officer at the officer's last known address.  The written notice must include, at a minimum, the following:

(e) If an officer submits a request for reconsideration pursuant to this section and the officer's request for reconsideration is approved by the prosecuting agency on its merits, then the officer's name must be removed from the Brady list.  If the officer's request for reconsideration is denied by the prosecuting agency, then the officer's name must remain on the Brady list.  If an officer does not submit a request for reconsideration or fails to comply with the requirements for submitting a request for reconsideration, then the officer's name must remain on the Brady list.

(f) This section does not limit the duty of a prosecuting agency to produce Brady disclosure information in all cases as required by the United States Constitution, the Tennessee Constitution, and the Tennessee rules of criminal procedure and rules of evidence, before, during, and after the initial placement of the law enforcement officer's name on a Brady list while the decision or a request for reconsideration is still under consideration.

(g) This section does not limit or restrict a prosecuting agency's ability to remove a law enforcement officer's name from a Brady list upon receipt of additional supporting and corroborating information or a change in factual circumstances at any time if the prosecuting agency determines that the law enforcement officer's name no longer requires placement on a Brady list.

(h) A Brady list or any other files, evidence, or records used to make a Brady list determination that are in the possession of a prosecuting agency are confidential and not subject to a public records request under the Tennessee Public Records Act, compiled in title 10, chapter 7.  This subsection (h) does not prohibit the release of these records to the officer or the officer's legal counsel upon the request of the officer or the officer's legal counsel, or as otherwise provided by law or court order.  This subsection (h) does not prohibit the release of these records to another law enforcement agency or prosecuting agency in another district.

(i) This section does not create a private cause of action against a prosecuting agency, an employee of a prosecuting agency, or the employer of the law enforcement officer.