§ 38-6-102 — Criminal investigation division - Criminal intelligence unit - Investigations into domestic terrorism - Emergency situation traffic stops

Tennessee § 38-6-102

• Jurisdiction: Tennessee
• Title: 38

Text

(a) The criminal investigation division shall consist of not less than six (6) persons who shall be experienced in the detection of crime and in criminal work generally. The director, with the approval of the governor, however, may increase the number of persons employed in the criminal investigation division, to such number as may be found to be feasible and necessary. At least two (2) of the criminal investigators shall be normally detailed to service in each grand division of the state, but the director shall have power to detail any and all of the investigators to service in grand divisions in case of emergency. The director, upon the request of the district attorney general of any judicial district, may assign the criminal investigators to aid that district attorney general in the investigation of any crime committed in the district attorney general's judicial district, but only when the district attorney general requests such aid. When detailed by the director to aid the district attorney general, the criminal investigators shall have full power to issue subpoenas for witnesses, serve the subpoenas, administer oaths to witnesses as they may summon, to take written statements from them and, when so detailed, shall have the same powers with reference to the execution of criminal process, making arrests, and the like, as does the sheriff of the county in which the investigators are at work. (b) (1) Investigators of the bureau of investigation are authorized, without a request from the district attorney general, to make investigations in connection with any matters pertaining to: (A) Fugitives from justice; (B) Commission of any offense prohibited by title 39, chapter 16, part 4, or any other offense involving corruption of or misconduct by a public official; (C) Employees or prospective employees of the bureau or the department of safety; (D) Organized crime activities; (E) Fraudulent conduct involving social security administration Title II and Title XVI disability programs; provided, however, that the authority conferred upon the bureau by this subdivision (b)(1)(E) shall automatically terminate upon discontinuation of federal funding for reimbursement of bureau costs associated with investigations of fraudulent conduct involving Title II and Title XVI disability programs; (F) Victimization of children by means of a computer or other electronic communications device; (G) Commission of an offense involving any form of trafficking prohibited by title 39, chapter 13, part 3; or (H) Commission of an offense prohibited by title 39, chapter 14, part 3. (2) (A) For the purposes of subsection (b), "organized crime" is defined as the unlawful activities of the members of an organized, disciplined association engaged in supplying illegal goods and services, including, but not limited to, gambling, prostitution, loan sharking, narcotics, labor racketeering, and other unlawful activities of members of such organizations. (B) The bureau is authorized to investigate allegations of felonious conduct resulting in serious bodily injury to a state inmate who is housed in a county or private correctional facility where the alleged perpetrator is an official, employee or trustee of the county or a private vendor if, after the district attorney general is notified by the department of correction of such felonious conduct, the district attorney general refuses to request the bureau to make an investigation. The bureau shall forward the results of any such investigation to the department of correction and the district attorney general. (C) The bureau also is authorized, upon the request of the governor, the attorney general and reporter, any member of the board, the commissioner of correction or a district attorney general to conduct investigations into allegations of fraud, corruption, or dishonesty involving the granting, revoking or denying of paroles, release classification status or executive clemency of any type. The governor, a district attorney general, the attorney general and reporter, or the board of parole acting at the request of the governor, may request the assistance of the bureau to determine whether any recipient of executive clemency of any type has been or is presently abiding by the terms and conditions imposed upon the governor's granting of executive clemency of any type. (D) The bureau shall coordinate its activities whenever possible with municipal, county, and federal police agencies with emphasis toward providing strike force capabilities to high crime areas within the state. (E) The bureau shall continue to utilize the communications systems of the department of safety. (F) The bureau is also authorized, in consultation with the appropriate department or agency, to conduct an investigation into a violation of a criminal offense: (i) In which the victim of the offense is a state employee or contractor who was acting in the employee or contractor's official capacity at the time of the offense; (ii) That resulted in state property being damaged or destroyed as a result of the offense; or (iii) That delayed the administration of state government at a significant cost to the state. (c) Whenever a district attorney general refuses or neglects to present the results of any investigation undertaken under this section to a grand jury, the director, or the director's designated representative, may appear before the grand jury and seek a presentment, and the grand jury shall have the power to issue compulsory process for the appearance of witnesses. In the event the grand jury returns a presentment and the district attorney general refuses to prosecute, the director may petition for the appointment of a district attorney general pro tempore as provided for in § 8-7-106 . (d) The director shall cause to be established within the criminal investigation division a criminal intelligence unit (CIU). It shall be the responsibility of the CIU, through the automated criminal intelligence system of Tennessee (ACIST), as well as through criminal investigators assigned to each of the bureau's four regional offices, to gather and maintain criminal intelligence on criminal gang activity. Intelligence collected pursuant to this section shall be reviewed for compliance with 28 CFR Part 23.20 and shall be disseminated to local, state, and federal law enforcement agencies pursuant to 28 CFR Part 23.20 . The bureau shall analyze all criminal intelligence collected, and shall compile statistical information for dissemination through the national incident-based reporting system (NIBRS) and the bureau's annual report. (e) (1) Investigators of the bureau of investigation are authorized, without a request from the district attorney general, to make investigations based upon intelligence information pertaining to domestic terrorism that the bureau received under a government information security classification. Investigators may make investigations based upon intelligence information pertaining to domestic terrorism that the bureau received from nonclassified sources upon the request of the district attorney general. (2) Investigators of the bureau of investigation are authorized, without a request from the district attorney general, to make traffic stops in emergency situations in which the safety of the public is in jeopardy and no officer from the appropriate law enforcement agency is immediately available to make the stop. For purposes of this subdivision (e)(2), "emergency situations" is limited to driving under the influence of an intoxicant pursuant to § 55-10-401 , and reckless endangerment pursuant to § 39-13-103 involving the traffic stop. Investigators may also assist stranded motorists. (f) On or before January 1, 2022, the district attorneys general conference shall file a report with the speakers of the senate and house of representatives and the chairs of the judiciary committee of the senate and criminal justice committee of the house of representatives detailing by geographic location within this state: (1) The aggregate number of reports of potential violations of criminal offenses described in subdivision (b)(2)(F); (2) The action taken by the appropriate district attorney for each report; and (3) The legal disposition of any case resulting from each report.

Legislative History

Amended by 2021 Tenn. Acts, ch. 64, s 41, eff. 3/29/2021. Amended by 2020EX2 Tenn. Acts, ch. 3, s 22, eff. 8/20/2020. Amended by 2016 Tenn. Acts, ch. 1041, s 1, eff. 4/28/2016. Amended by 2015 Tenn. Acts, ch. 503, s 2, eff. 7/1/2015. Acts 1951, ch. 173, § 2 (Williams, § 11465.11); Acts 1957, ch. 134, § 1; 1957, ch. 216, § 1; 1961, ch. 297, § 1; 1970, ch. 362, § 1; 1979, ch. 359, § 9; 1980, ch. 636, § 2; impl. am. Acts 1980, ch. 636, § 13; T.C.A. (orig. ed.), § 38-502; Acts 1995, ch. 469, § 1; 1996, ch. 944, § 47; 1996, ch. 1066, § 1; 1997 , ch. 541, § 1; 1998, ch. 1049, § 6; 1998, ch. 1069, § 2; 1999, ch. 520, § 38; 2000, ch. 852, § 9; 2001, ch. 313, § 1; 2002, ch. 849, § 9; 2003 , ch. 355, § 15; 2008 , ch. 988, § 1; 2008 , ch. 1039, § 1.