Tennessee Statutes
§ 40-11-142 — Due diligence to determine person's criminal history
Tennessee·Title 40
(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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Related
In re: Rader Bonding Company
(Court of Criminal Appeals of Tennessee, 2018)
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.
Nearby Sections
15
§ 40-1-104
Fraudulent sale of pledged property§ 40-1-106
Officials defined as magistrates§ 40-1-107
Courts vested with original jurisdiction§ 40-1-109
Jurisdiction of general sessions courts§ 40-1-110
Judicial acts of general sessions judges§ 40-10-101
Notice of charge and right to counsel§ 40-10-102
Time allowed to procure counsel§ 40-10-103
Separation and exclusion of witnesses§ 40-10-104
Bail§ 40-10-105
Election by prisoner to perform hard labor§ 40-10-106
Reports on elections to perform hard labor§ 40-10-107
Bond of witnesses