Tennessee Code Title 40. Criminal Procedure § 40-39-402

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

(a) There is created within the TBI a registry of persistent domestic violence offenders.

(b) The TBI shall maintain this registry based upon information supplied to the TBI by the court clerks pursuant to subsections (c) and (d) and information available to the TBI from the department of correction and local law enforcement agencies. The TBI shall make the registry available for public inquiry on the internet.

(c) The registry must consist of the persistent domestic violence offender's name, date of birth, conviction date, county or counties of convictions, and a current photograph of the persistent domestic violence offender. If available after reasonable inquiry, the court clerk shall provide the TBI with a copy of the persistent domestic violence offender's driver license, or other state or federal identification, and such other identifying data as the TBI determines is necessary to properly identify the persistent domestic violence offender and exclude innocent persons. However, the registry available for public inquiry must not include the persistent domestic violence offender's address, social security number, driver license number, or any other state or federal identification number.

(d)(1) If a person is convicted of an offense committed against a domestic abuse victim and the person convicted has at least one (1) prior conviction for an offense committed against a domestic abuse victim, then the court shall, upon proof of any prior convictions committed against a domestic abuse victim, order the defendant to register as a persistent domestic violence offender under this part.

(2) If a court orders a defendant to register under this part, then the court clerk shall forward to the TBI a certified copy of the qualifying conviction and the date of birth of the defendant. The court clerk shall forward the information to the TBI within seven (7) days of the date of the conviction.

(e) Notwithstanding § 40-35-111 and in addition to any other punishment that may be imposed for a conviction of the offense, a defendant required to register under this part must be assessed a registration fee in the amount of one hundred fifty dollars ($150), which must be paid to the clerk of the court imposing the sentence, who shall:

(1) Retain fifty dollars ($50.00) of the fee for the administration of this part, which must be reserved for the purposes authorized by this part at the end of each fiscal year; and

(2) Remit one hundred dollars ($100) of the fee to the department of finance and administration's office of criminal justice programs for the purpose of administering grants to fund family violence prevention and intervention services. The funding shall not revert to the general fund at the end of the fiscal year and must be carried forward for the purposes authorized by this subdivision (e)(2).

(f) The TBI shall remove from the registry the name and other identifying information of a persistent domestic violence offender required to register under this part:

(1) Five (5) years after the date of the most recent conviction for an offense committed against a domestic abuse victim if the defendant has one (1) prior conviction for an offense committed against a domestic abuse victim;

(2) Seven (7) years after the date of the most recent conviction for an offense committed against a domestic abuse victim if the defendant has two (2) prior convictions for an offense committed against a domestic abuse victim;

(3) Ten (10) years after the date of the most recent conviction for an offense committed against a domestic abuse victim if the defendant has three (3) prior convictions for an offense committed against a domestic abuse victim; and

(4) Twenty (20) years after the date of the most recent conviction for an offense committed against a domestic abuse victim if the defendant has four (4) or more prior convictions for an offense committed against a domestic abuse victim.

(g) This section applies only to persons convicted of an offense committed against a domestic abuse victim that occurred on or after January 1, 2026; provided, however, that a prior conviction is not required to occur on or after January 1, 2026.

Previous Part of Code Next Part of Code

Back to Chapter List

Cite this article: FindLaw.com - Tennessee Code Title 40. Criminal Procedure § 40-39-402 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-40-criminal-procedure/tn-code-sect-40-39-402/

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.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Did FindLaw Help You Understand This Legal Issue?

Make It a Preferred Google Search Source

Add to Google

Latest Blog Posts

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)