Tennessee Code Title 7. Consolidated Governments and Local Governmental Functions and Entities § 7-68-107

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

(a) Notwithstanding another law to the contrary, each local governmental entity and official shall maintain the following information relative to the operational enforcement of federal and state immigration laws as confidential, and such information is not subject to public inspection:

(1) The name of a federal, state, or local officer, agent, or official participating in federal immigration enforcement activities in this state when the name is accompanied by contact information, a residential address, or other personal identifying information of the officer, agent, or official;

(2)(A) The name of a federal, state, or local officer, agent, or official participating in federal immigration enforcement activities in this state if:

(i) The release would endanger the safety of the individual during an active or planned enforcement operation;

(ii) The individual is currently serving in an undercover capacity; or

(iii) A documented threat assessment by the supervising agency head, or a designee, demonstrates a specific, ongoing risk of harm; and

(B) Nothing in this subdivision (a)(2):

(i) Prevents the disclosure of information, including the name of the officer, relating to an investigation of alleged misconduct by a law enforcement officer to the extent required by law;

(ii) Prevents a local governmental entity or official from disclosing the name of an officer, agent, or official after the conclusion of an operation if the entity or official determines that disclosure does not present a reasonable risk to the safety of the officer, agent, or official or the integrity of current or future operations; or

(iii) Requires the name of an officer, agent, or official from being redacted from an affidavit, warrant, charging instrument, or other judicial record; and

(3) Information related to specific future immigration enforcement operational activities, such as the date and time, location, logistics, or strategies of such activities.

(b) Subsection (a) does not:

(1) Apply to information that is public pursuant to federal law or a court order; or

(2) Prohibit federal, state, and local law enforcement agencies and officers from sharing information necessary to facilitate the enforcement of federal and state immigration laws.

(c) Subsection (a) preempts any policy, procedure, or rule of a local governmental entity or official in conflict with subsection (a).

(d)(1) A local government official who, acting with criminal negligence, releases information in violation of subsection (a) commits a Class E felony.

(2) A local government official who, acting with criminal negligence, releases information in violation of subsection (a) is subject to ouster under title 8, chapter 47, if applicable.

(3) As used in this subsection (d), “criminal negligence” means the same as defined in § 39-11-106.

(e) This section does not preclude the enforcement of other applicable criminal and civil penalties under federal or state law.

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Cite this article: FindLaw.com - Tennessee Code Title 7. Consolidated Governments and Local Governmental Functions and Entities § 7-68-107 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-7-consolidated-governments-and-local-governmental-functions-and-entities/tn-code-sect-7-68-107/

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