(a) Victims, under the Tennessee Constitution, Article I, § 35, have the right to be informed of proceedings and the right to be informed of each of the rights conferred upon the victims.
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Terms Used In Tennessee Code 40-38-111

  • Arrest: Taking physical custody of a person by lawful authority.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) When a victim appears before a judicial commissioner, magistrate or general sessions court clerk or one of the clerk’s duly sworn deputies to obtain an arrest warrant, the commissioner, magistrate, general sessions court clerk or the clerk’s duly sworn deputy shall notify the victim of the victim’s rights under the Tennessee Constitution, Article I, § 35. The victims of crime state coordinating council will provide, upon request, sufficient copies of the form or brochure to be used to provide notice to victims under this subsection (b).
(c) If a law enforcement officer obtains an arrest warrant on behalf of a victim, the agency employing the officer shall notify the victim of the victim’s rights under the Tennessee Constitution, Article I, § 35 and of the first court date at which the defendant will be required to appear. The victims of crime state coordinating council will provide, upon request, sufficient copies of the form or brochure to be used to provide notice to victims under this subsection (c).
(d) At the defendant’s initial court appearance, the judge shall inform the victim, if the victim is present, of the victim’s rights under the Tennessee Constitution, Article I, § 35. The judge shall also inform the victim that the clerk of the court will have a form on which the rights are listed and a telephone number that the victim can call for further information regarding future proceedings involving the defendant.
(e) Following the indictment or presentment being returned by a grand jury against the defendant for a violent crime, the district attorney general of the district in which the indictment or presentment was returned shall notify the victim of the offense of that victim’s rights under the Tennessee Constitution, Article I, § 35, and of the dates of all future trial court proceedings involving the defendant.
(f) Following the indictment or presentment being returned by a grand jury against the defendant for a nonviolent crime, the district attorney general of the district in which the indictment or presentment was returned shall notify the victim of the offense of that victim’s rights under the Tennessee Constitution, Article I, § 35 and shall give the victim a telephone number to call for further information regarding future trial court proceedings involving the defendant.
(g) As used in this section, “violent crime” means any of the following offenses:

(1) Aggravated arson, as defined in § 39-14-302;
(2) Aggravated assault, as defined in § 39-13-102 which results in serious bodily injury;
(3) Aggravated child abuse and neglect, as defined in § 39-15-402;
(4) Aggravated kidnapping, as defined in § 39-13-304;
(5) Aggravated rape, as defined in § 39-13-502;
(6) Aggravated robbery, as defined in § 39-13-402;
(7) Aggravated sexual battery, as defined in § 39-13-504;
(8) Aggravated vehicular homicide, as defined in § 39-13-218;
(9) Carjacking, as defined in § 39-13-404;
(10) Criminally negligent homicide, as defined in § 39-13-212;
(11) Especially aggravated burglary, as defined in § 39-13-1004;
(12) Especially aggravated kidnapping, as defined in § 39-13-305;
(13) Especially aggravated robbery, as defined in § 39-13-403;
(14) First degree murder, as defined in § 39-13-202;
(15) Incest, as defined in § 39-15-302;
(16) Kidnapping, as defined in § 39-13-303;
(17) Rape, as defined in § 39-13-503;
(18) Rape of a child, as defined in § 39-13-522;
(19) Reckless homicide, as defined in § 39-13-215;
(20) Second degree murder, as defined in § 39-13-210;
(21) Sexual battery by an authority figure, as defined in § 39-13-527;
(22) Sexual battery, as defined in § 39-13-505;
(23) Stalking, as defined in § 39-17-315;
(24) Statutory rape, as defined in § 39-13-506;
(25) Vehicular assault, as defined in § 39-13-106;
(26) Vehicular homicide, as defined in § 39-13-213; or
(27) Voluntary manslaughter, as defined in § 39-13-211.
(h) As used in this section, “nonviolent crime” means any crime not defined as a “violent crime” in subsection (g).
(i)

(1) Any identifying information concerning a crime victim obtained pursuant to this section shall be confidential.
(2) For purposes of subdivision (i)(1), “identifying information” means the name, home and work addresses, telephone numbers and social security number.
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