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Tennessee Code Title 40. Criminal Procedure § 40-38-302

Current as of January 02, 2024 | Updated by Findlaw Staff

As used in this part, unless the context otherwise requires:

(1) “Crime” means:

(A) Any offense the punishment for which is a Class A, B, C, D or E felony;

(B) First degree murder; or

(C) Assault under § 39-13-101(a)(1);

(2) “Critical stages of the criminal justice process” are:

(A) Bond hearings or bond reduction hearings if hearing from the victim is deemed relevant by the appropriate district attorney general;

(B) Any hearing on a motion to dismiss or on a plea agreement requiring approval by the trial court;

(C) The defendant's sentencing hearing;

(D) Any hearing at which the issue of whether the defendant should pay restitution or the amount of restitution that should be paid is discussed;

(E) Any parole hearing at which the defendant's release on parole will be discussed or determined; and

(F) Any other hearing that proposes a final disposition of the case;

(3) “Family member” means the victim's spouse, natural parent, child, adopted child, grandparent, grandchild, stepparent, adoptive parent, or brother or sister of the whole or half-blood or by adoption. If a “family member” is a minor, the minor may be represented by a guardian where appropriate; and

(4)(A) “Victim” means:

(i) A natural person against whom a crime was committed;

(ii) If the victim is a minor, then the parent or legal guardian of the minor; or

(iii) If the victim is deceased or is physically or emotionally unable to exercise the victim's rights, then the following persons, or their designees, in the order of preference in which they are listed:

(a) A family member; or

(b) A person who resided with the victim;

(B) “Victim” does not include any person charged with or alleged to have committed the crime or who is charged with some form of criminal responsibility for commission of the crime.

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Cite this article: FindLaw.com - Tennessee Code Title 40. Criminal Procedure § 40-38-302 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-40-criminal-procedure/tn-code-sect-40-38-302/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

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