Tennessee § 40-11-142 Due diligence to determine person's criminal history

Tennessee Statutes

§ 40-11-142 — Due diligence to determine person's criminal history

Tennessee § 40-11-142

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This text of Tennessee § 40-11-142 (Due diligence to determine person's criminal history) is published on Counsel Stack Legal Research, covering Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tenn. Code Ann. § 40-11-142 (2026).

Text

(a)After an officer arrests a person, but prior to the determination of bail for the arrest offense by the judge or magistrate, due diligence must be exercised in determining the existence of any prior arrest or conviction. The results of this investigation must be made a part of the person's law enforcement file.

(b)Using due diligence to determine a person's criminal history means making use of all available databases, including the Tennessee bureau of investigation interstate identification index (III), the Tennessee criminal history database, driver license history, relevant information related to those prior convictions provided pursuant to § 40-6-203 , and other official records regarding the person's prior criminal and arrest history.

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(a) After an officer arrests a person, but prior to the determination of bail for the arrest offense by the judge or magistrate, due diligence must be exercised in determining the existence of any prior arrest or conviction. The results of this investigation must be made a part of the person's law enforcement file. (b) Using due diligence to determine a person's criminal history means making use of all available databases, including the Tennessee bureau of investigation interstate identification index (III), the Tennessee criminal history database, driver license history, relevant information related to those prior convictions provided pursuant to § 40-6-203 , and other official records regarding the person's prior criminal and arrest history.

Legislative History

Amended by 2024 Tenn. Acts, ch. 1048,s 3, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 1048,s 2, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 260, s 2, eff. 7/1/2023. Added by 2016 Tenn. Acts, ch. 1075, s 1, eff. 7/1/2016.