(a) In order for a victim of crime to meaningfully exercise the victim’s constitutional right to be heard, when relevant, at all critical stages of the criminal justice process, a victim is immune from civil liability or any civil cause of action brought by the offender that arises from the victim’s testimony at the offender’s hearing before the board of parole or a panel of the board. The immunity from suit shall not apply if the victim’s testimony is intentionally and maliciously false and defamatory.
criminal case

Have a question?
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Tennessee Code 40-38-303

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Crime: means :
    (A) Any offense the punishment for which is a Class A, B, C, D or E felony. See Tennessee Code 40-38-302
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Victim: means :
    (i) A natural person against whom a crime was committed. See Tennessee Code 40-38-302
(b)

(1) If the offender brings a cause of action against the victim based upon the victim’s testimony before the board of parole or a panel of the board, in spite of the immunity conferred by subsection (a), as an attachment to the complaint, the offender shall proffer all statements made by the victim alleged to be intentionally and maliciously false and defamatory. Within five (5) days the court shall examine the offender’s complaint to determine if the statements of the victim proffered by the offender could reasonably be construed as sufficient to overcome the victim’s immunity conferred by this section.
(2) If the court finds that the victim’s statements to the board of parole or a panel of the board may reasonably be construed as intentionally and maliciously false and defamatory, it shall allow the cause of action to proceed.
(3) If the court finds that the offender has not produced sufficient evidence to overcome the victim’s immunity conferred by subsection (a), it shall dismiss the cause of action with prejudice.
(4) If the court finds that, not only was the action without merit but was brought for the purpose of intimidating, harassing or abusing the victim in violation of the Constitution of Tennessee, Article I, § 35, it:

(A) Shall notify the appropriate warden of the offender’s institution and recommend disciplinary action against the offender, including the loss of sentence reduction credits; and
(B) May prohibit the offender from filing any future actions of a similar nature in the court.
  Previous section
Next section  
 Part 3 Contents