§ 38-3-101 Methods of preventing offenses
§ 38-3-102 Duties of sheriff
§ 38-3-103 Other conservators of the peace
§ 38-3-104 Officers may command aid
§ 38-3-105 Acts by persons aiding officers
§ 38-3-106 Refusal to obey command to aid officers
§ 38-3-107 Neglect of duty by officer
§ 38-3-108 Duty to arrest
§ 38-3-109 Bond to keep the peace
§ 38-3-110 Form of bond — Scire facias upon forfeiture
§ 38-3-111 Officer failing to perform duties prescribed in §§?38-3-108, 38-3-109.
§ 38-3-112 Power of governor to order posse or military force from other county
§ 38-3-113 Federal officers making arrests for nonfederal offenses
§ 38-3-114 Acting as peace officers for the office of homeland security
§ 38-3-115 No public funds, personnel or property of state to be allocated to enforce federal laws governing firearms where it would violate state laws
§ 38-3-116 Inquiry regarding arrested person’s children and whether they will be left unattended by arrest — Policies and procedures for conducting welfare checks — Liability
§ 38-3-117 Interaction of law enforcement officer with person who exhibits characteristics of acquired brain injury, intellectual disability, or developmental disability
§ 38-3-118 Policies and guidelines regarding use of marked law enforcement vehicles by off-duty law enforcement officers for travel to and from vulnerable locations
§ 38-3-120 Peace officers for Tennessee valley authority
§ 38-3-121 Use of choke holds
§ 38-3-122 Fingerprinting of arrestees pursuant to incarceration or bond
§ 38-3-123 Prohibition against requiring victims of sexual offenses to submit to polygraph

Terms Used In Tennessee Code > Title 38 > Chapter 3

  • alternative technology: includes land application of effluent and sludge, aquifer recharge, aquaculture, direct reuse (nonpotable), horticulture, revegetation of disturbed land, containment ponds, sludge composting and drying prior to land application, self-sustaining incineration, methane recovery, codisposal of sludge and solid waste and individual and on-site systems. See Tennessee Code 68-221-803
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • 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.
  • Board: means the Tennessee board of water quality, oil and gas as established by §. See Tennessee Code 68-221-703
  • Certified laboratory: means any facility for performing bacteriological, chemical or other analysis on drinking water which has received interim or final certification by the department. See Tennessee Code 68-221-703
  • Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
  • Commissioner: means the commissioner of environment and conservation, the commissioner's duly authorized representative, and, in the event of the commissioner's absence or a vacancy in the office of commissioner, the deputy commissioner. See Tennessee Code 68-221-703
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Construction: means any placement, assembly or installation of facilities or equipment (including contractual obligations to purchase such facilities or equipment) at the premises where such equipment will be used, including preparation work at such premises. See Tennessee Code 68-221-703
  • Construction: means the erection, acquisition, alteration, reconstruction, improvement or extension of wastewater treatment works, including preliminary planning to determine the economic and engineering feasibility of wastewater treatment works, the engineering, architectural, legal, fiscal and economic investigations and studies, surveys, designs, plans, procedures and other similar action necessary in the building of wastewater treatment works, and the inspection and supervision of the construction of wastewater treatment works. See Tennessee Code 68-221-803
  • Contaminant: means any physical, chemical, biological or radiological substance or matter in water. See Tennessee Code 68-221-703
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Cross connection: means any physical arrangement whereby a public water supply is connected, directly or indirectly, with any other water supply system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture or other device which contains, or may contain, contaminated water, sewage or other waste or liquid of unknown or unsafe quality which may be capable of imparting contamination to the public water supply as a result of backflow. See Tennessee Code 68-221-703
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the department of environment and conservation. See Tennessee Code 68-221-703
  • Department: means the department of environment and conservation. See Tennessee Code 68-221-803
  • Dependent: A person dependent for support upon another.
  • Director: means the director of the division of water supply. See Tennessee Code 68-221-703
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Division: means the division of water supply of the department. See Tennessee Code 68-221-703
  • Docket: A log containing brief entries of court proceedings.
  • Drinking water regulations: means regulations promulgated pursuant to this part. See Tennessee Code 68-221-703
  • En banc: In the bench or "full bench." Refers to court sessions with the entire membership of a court participating rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases. They are then said to be sitting en banc.
  • 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.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fund: means the Tennessee educator liability fund. See Tennessee Code 9-8-203
  • Grant: means the award of state funds to a municipality for the construction of wastewater treatment works or for preliminary engineering pursuant to this part. See Tennessee Code 68-221-803
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • 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.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Innovative technology: means developed wastewater treatment processes and techniques which have not been fully proven under the circumstances of their contemplated use and which represent a significant advancement over the state of the art in terms of significant reduction in life cycle cost of the project when compared to an appropriate conventional technology. See Tennessee Code 68-221-803
  • 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.
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Lead free: means :

    • (A) Not containing more than two-tenths of one percent (0. See Tennessee Code 68-221-703

    • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
    • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
    • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
    • Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
    • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
    • Municipality: means any utility district existing on July 1, 1984, county, incorporated town or city, or metropolitan government which has authority to administer a wastewater treatment works, or any combination of two (2) or more of the foregoing acting jointly to construct a wastewater treatment works. See Tennessee Code 68-221-803
    • National primary drinking water regulations: means primary drinking water regulations, as amended, promulgated by the administrator pursuant to the federal act. See Tennessee Code 68-221-703
    • Oath: includes affirmation. See Tennessee Code 1-3-105
    • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
    • Oversight: Committee review of the activities of a Federal agency or program.
    • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
    • Person: means any and all persons, including individuals, firms, partnerships, associations, public or private institutions, state and federal agencies, municipalities or political subdivisions, or officers thereof, departments, agencies, or instrumentalities, or public or private corporations or officers thereof, organized or existing under the laws of this or any other state or country. See Tennessee Code 68-221-703
    • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See Tennessee Code 1-3-105
    • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
    • Preliminary engineering: means preparation of the Section 201 Facilities Plan, preparation of engineering plans, writing specifications, value engineering, and related, similar activities. See Tennessee Code 68-221-803
    • Priority ranking list: means a list generated through a system by which the department ranks in descending order of priority all applicants for state and federal grants for construction of wastewater treatment works by criteria which include at least the following:

      • (A) The nature and quantity of the receiving waters. See Tennessee Code 68-221-803

      • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
      • Property: includes both personal and real property. See Tennessee Code 1-3-105
      • Public water system: means a system for the provision of water for human consumption through pipes or other constructed conveyances, if such serves fifteen (15) or more connections or which regularly serves twenty-five (25) or more individuals daily at least sixty (60) days out of the year. See Tennessee Code 68-221-703
      • real property: include lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. 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
      • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
      • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
      • Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
      • Reserve capacity: means capacity to treat, store, transport or dispose of more wastewater than the demand on the system at the time of construction. See Tennessee Code 68-221-803
      • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
      • Service of process: The service of writs or summonses to the appropriate party.
      • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
      • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
      • Statute: A law passed by a legislature.
      • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
      • Supplier of water: means any person who owns, operates or controls a public water system. See Tennessee Code 68-221-703
      • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
      • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
      • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
      • Trustee: A person or institution holding and administering property in trust.
      • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
      • Value engineering: is a specialized cost control technique which uses a systematic and creative approach to identify and focus on unnecessarily high cost in a project in order to arrive at a cost saving without sacrificing the reliability or efficiency of the project. See Tennessee Code 68-221-803
      • Wastewater treatment works: means any facility whose purpose is to store, treat, neutralize, stabilize, recycle, reclaim or dispose of municipal wastewater, including treatment or disposal plants, interceptors, outfall, and outlet sewers, pumping stations, equipment and furnishings thereof and their appurtenances which are necessary to accomplish the foregoing purposes. See Tennessee Code 68-221-803
      • Waters: means any and all water, public or private, on or beneath the surface of the ground, which are contained within, flow through, or border upon Tennessee, or any portion thereof, except those bodies of water confined to and retained within the limits of private property in single ownership which do not combine or effect a junction with natural surface or underground waters. See Tennessee Code 68-221-703
      • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
      • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
      • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105