(a) After an officer arrests a person, but prior to the determination of bail for the arrest offense by the judge or magistrate, the arresting officer or the officer’s agency must exercise due diligence in determining the existence of any prior arrest or conviction. The results of this investigation must be made a part of the person’s law enforcement file.
Terms Used In Tennessee Code 40-11-142
Arrest: Taking physical custody of a person by lawful authority.
Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
Conviction: A judgement of guilt against a criminal defendant.
Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
(b) Using due diligence to determine a person’s criminal history means the officer makes use of all available databases, including the Tennessee bureau of investigation interstate identification index (III), the Tennessee criminal history database, driver license history, relevant information related to those prior convictions provided pursuant to § 40-6-203, and other official records regarding the person’s prior criminal and arrest history to which the officer or officer’s agency has access.
