(a) The Tennessee bureau of investigation shall process requests for criminal background checks from any authorized persons, organizations or entities permitted by law to seek criminal history background checks on certain persons, pursuant to a format and under procedures as it may require.
Terms Used In Tennessee Code 38-6-109
Contract: A legal written agreement that becomes binding when signed.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
(b)(1) At the request of any persons, organizations or entities authorized by law to make fingerprint requests, the Tennessee bureau of investigation shall receive fingerprint samples from the persons, organizations or entities permitted by law to make those requests and shall check the prints against its records by using its computer files of criminal offenders contained in the Tennessee crime information center (T.C.I.C.) to process these requests and, to the extent permitted by federal law, shall also check the prints against records maintained by the federal bureau of investigation to determine if prior criminal history or convictions exist.(2) Upon completion of the search, the bureau shall report its findings to the requesting persons, organizations or entities authorized by law to receive such information.(c)(1) Agencies or organizations that have an agreement to do so with the Tennessee bureau of investigation and that have any responsibility or authority under law for conducting criminal history background reviews of persons may also access directly the computer files of the T.C.I.C. using only names or other identifying data elements to obtain available Tennessee criminal history background information for purpose of background reviews.(2) If review by the method permitted by subdivision (c)(1) indicates the need for further verification of the individual’s criminal history, and if authorized by the requesting entity’s legal authority, the requesting entity may submit fingerprint samples for a criminal history background check by the Tennessee bureau of investigation as otherwise authorized by this section.(d) The fees for fingerprint searches shall be the same for a Tennessee search as for a federal bureau of investigation search and shall be according to the fee schedule established by the federal bureau of investigation.(e) The instant check unit of the Tennessee bureau of investigation shall contact the agency making the entry of an order of protection into the national crime information center within one (1) day if the subject of the order of protection attempts to purchase a firearm.(f) If a person who has been adjudicated as a mental defective or judicially committed to a mental institution attempts to purchase a firearm, and the instant check unit of the Tennessee bureau of investigation confirms the person’s record by means of a record indicating the person’s name, birth date, social security number, and either the person’s sex or race, the unit shall contact, within twenty-four (24) hours, the chief law enforcement officer of the jurisdiction where the attempted purchase occurred for the purpose of initiating an investigation into a possible violation of law.(g)(1) Notwithstanding another law to the contrary, clerks of court, county clerks, registers of deeds, and county trustees may enter into agreements with a fingerprint vendor that is under contract with the Tennessee bureau of investigation for purposes of providing fingerprint capture services for fingerprint-based background checks permitted by law. An agreement between clerks of court, county clerks, registers of deeds, or county trustees and a fingerprint vendor that is under contract with the Tennessee bureau of investigation must be limited to fingerprint capture services for fingerprint-based background checks permitted by law and processed by the Tennessee bureau of investigation. The terms of an agreement between the fingerprint vendor and clerks of court, county clerks, registers of deeds, or county trustees must not conflict with or negate a contractual obligation that the fingerprint vendor has with the Tennessee bureau of investigation.(2) The fingerprint vendor shall provide all fingerprint images captured by the fingerprint vendor pursuant to subdivision (g)(1) to the Tennessee bureau of investigation. The bureau shall maintain, preserve, and enter the information into an automated fingerprint identification system (AFIS), if appropriate.
