(a) Whenever a witness, summoned by subpoena issued as hereinbefore provided, fails to appear, or, having appeared, fails to answer, as provided in § 3-3-112, and the facts are reported to either house, the speaker of the senate or the speaker of the house of representatives, as the case may be or the chair of the committee in any event, shall certify such facts forthwith to the district attorney general for any county or counties in which such failing or refusing witness is subject to indictment and trial under this chapter, whose duty it shall be to bring the matter before the grand jury for its action, at the first opportunity, and to prosecute such offending witness by virtue of the office as such district attorney general, and is also the district attorney general’s duty ex officio to prefer an indictment against such offending person.

Terms Used In Tennessee Code 3-3-121

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Committee: as used in this chapter , except when more particularly provided in this chapter, includes:

    (1) A committee appointed by either the house of representatives or the senate. See Tennessee Code 3-3-101
  • Ex officio: Literally, by virtue of one's office.
  • 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.
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Subpoena: A command to a witness to appear and give testimony.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) It is also the duty of the district attorney general for any county or counties in which any person or witness is subject to indictment and trial under §§ 3-3-113, 3-3-114 and 3-3-120, to bring the matter of any violations of those sections before the grand jury for its action, at the first opportunity, and to prosecute such offending person by virtue of the office as such district attorney general, and it is the district attorney general’s duty ex officio to prefer an indictment against such offending person.
  Previous section
Next section  
 Chapter 3 Contents