(a) Members of the commission shall be as follows:

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Terms Used In Tennessee Code 37-3-804

  • Commission: means the Tennessee second look commission. See Tennessee Code 37-3-802
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
(1) The director of the Tennessee bureau of investigation or the director’s designee;
(2) The executive director of the commission on children and youth or the director’s designee;
(3) The executive director of Tennessee’s chapter of children’s advocacy centers or the director’s designee;
(4) The commissioner of children’s services or the commissioner’s designee;
(5) The director of the administrative office of the courts or the director’s designee;
(6) Two (2) members of the house of representatives to be appointed by the speaker of the house of representatives;
(7) Two (2) senators to be appointed by the speaker of the senate;
(8) Two (2) law enforcement officers appointed by the governor with experience investigating severe child abuse cases: one (1) such officer shall be from a county with a population of more than two hundred fifty thousand (250,000), according to the 2000 federal census or any subsequent federal census, and one (1) such officer shall be from a county with a population of less than two hundred fifty thousand (250,000), according to the 2000 federal census or any subsequent federal census;
(9) A district public defender appointed by the district public defenders conference;
(10) A district attorney general appointed by the district attorneys general conference;
(11) A physician with experience conducting exams used to determine whether or not severe child abuse has occurred, appointed by the commission’s co-chairs;
(12) An attorney with recognized expertise representing children in child abuse and neglect proceedings, appointed by the commission’s co-chairs; and
(13) Two (2) individuals with experience as advocates for children from the nonprofit sector, appointed by the commission’s co-chairs.
(b)

(1)

(A) Members of the commission set out in subdivisions (a)(1)-(5) shall serve on the commission as long as they hold the positions designated in subdivisions (a)(1)-(5).
(B)

(i) Except as otherwise provided for in subdivision (b)(2), members of the commission appointed pursuant to subdivisions (a)(6)-(13) shall serve four-year terms.
(ii) Notwithstanding any other provision of this section to the contrary, following three (3) successive absences by a member appointed pursuant to subdivisions (a)(6)-(13) from commission meetings, the co-chairs may declare a vacancy and request that a new member be appointed pursuant to this section who meets the criteria of the replaced member.
(2) The initial members’ terms shall be staggered as follows:

(A) Members of the commission appointed pursuant to subdivisions (a)(6) and (7) shall serve initial terms of two (2) years;
(B) Members of the commission appointed pursuant to subdivisions (a)(8)-(10) shall serve initial terms of three (3) years; and
(C) Members of the commission appointed pursuant to subdivisions (a)(11)-(13) shall serve initial terms of four (4) years.
(3) Except as provided in subdivision (b)(4), no commission member shall serve more than two (2) terms, including any partial term.
(4)

(A) Initial appointments shall be made no later than September 1, 2010; all subsequent appointments shall be made no later than February 1 of the year in which an appointment is due to be made. The initial members’ terms of office shall commence upon appointment; however, for purposes of calculating the initial terms of the members’ offices, the initial appointments shall be deemed to have been made on February 1, 2011.
(B) If a vacancy occurs, it shall be filled by the appointing authority in the same manner as the original appointment and shall be for the unexpired term only.
(C) If a subsequent appointment is not made by the date provided in this subdivision (b)(4), the incumbent member shall serve until the member’s successor is appointed.
(c) The speakers of the respective houses each shall appoint a co-chair from the members named to the commission.
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