Part 1 Victims’ Bill of Rights 40-38-101 – 40-38-118
Part 2 Victim Impact Statement Act 40-38-201 – 40-38-208
Part 3 Constitutional Rights of Victims 40-38-301 – 40-38-303
Part 4 Senator Tommy Burks Victim Assistance Academy 40-38-401 – 40-38-405
Part 5 Statewide Automated Victim Information and Notification System 40-38-501 – 40-38-506
Part 6 Home Address Confidentiality Program 40-38-601 – 40-38-613

Terms Used In Tennessee Code > Title 40 > Chapter 38 - Victims' Rights

  • Administrator of elections: means the chief county election administrative officer appointed by the county election commission and such official's designee or designees. See Tennessee Code 40-38-601
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agriculture: means :
    1. The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105
    2. 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.
    3. 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.
    4. Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
    5. Application: means the form or forms submitted, in the manner prescribed by the secretary of state, by an individual requesting certification for the address confidentiality program. See Tennessee Code 40-38-601
    6. Application assistant: means an employee or volunteer at an agency or organization that serves victims of domestic abuse, stalking, human trafficking, rape, sexual battery, or any other sexual offense, who has received training and certification from the secretary of state to help individuals complete applications to be program participants. See Tennessee Code 40-38-601
    7. Approved hospitals: means hospitals approved by the commissioner as having adequate facilities and staff for the diagnosis and treatment of tuberculosis. See Tennessee Code 68-9-103
    8. Approved laboratory: means a publicly or privately operated laboratory approved by the department according to its rules, governing the approval and licensing of laboratories for the purposes of this part. See Tennessee Code 68-5-601
    9. Arrest: Taking physical custody of a person by lawful authority.
    10. Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
    11. 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.
    12. Bequest: Property gifted by will.
    13. Birth defects: means those abnormalities of body structure or function present at birth that adversely affect the intellectual capacity, health or abilities of affected individuals. See Tennessee Code 68-5-501
    14. Cat: means all domesticated members of the feline family. See Tennessee Code 68-8-102
    15. Certificate of birth resulting in stillbirth: means a certificate issued to record the birth of a stillborn child. See Tennessee Code 68-3-102
    16. Chest disease hospitals: means state-owned hospitals established, operated and maintained by the department for the diagnosis, treatment, prevention and cure of tuberculosis. See Tennessee Code 68-9-103
    17. Commissioner: means the commissioner of health. See Tennessee Code 68-3-102
    18. Commissioner: means the commissioner  of health or the commissioner's designee. See Tennessee Code 68-5-601
    19. Commissioner: means the commissioner of health or a duly authorized representative. See Tennessee Code 68-8-102
    20. Commissioner: means the commissioner of health or a designated representative. See Tennessee Code 68-5-501
    21. Commissioner: means the commissioner of health or the commissioner's designee. See Tennessee Code 68-10-101
    22. Commissioner: means the commissioner of health or the commissioner's duly authorized representative. See Tennessee Code 68-9-103
    23. Committee: means the genetics advisory committee. See Tennessee Code 68-5-501
    24. Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
    25. Confidential address: means the actual address of a program participant's residence, school, institution of higher education, business, or place of employment, as specified on an application to be a program participant or on a notice of change of address filed under this part. See Tennessee Code 40-38-601
    26. Confinement: means housed in a building, pen or by some other suitable escape-proof method or enclosure or being leashed. See Tennessee Code 68-8-102
    27. Continuance: Putting off of a hearing ot trial until a later time.
    28. Conviction: A judgement of guilt against a criminal defendant.
    29. Coordinator of elections: means the official appointed by the secretary of state in accordance with §. See Tennessee Code 40-38-601
    30. Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
    31. Crime: means :

      1. Any offense the punishment for which is a Class A, B, C, D or E felony. See Tennessee Code 40-38-302
      2. Dead body: means a human body from the condition of which it reasonably may be concluded that death occurred. See Tennessee Code 68-3-102
      3. Decedent: A deceased person.
      4. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
      5. Department: means the department of health. See Tennessee Code 68-3-602
      6. Department: means the department of health. See Tennessee Code 68-6-102
      7. Department: means the department of health. See Tennessee Code 68-3-702
      8. Department: means the department of health. See Tennessee Code 68-3-102
      9. Department: means the department of health. See Tennessee Code 68-5-601
      10. Department: means the Tennessee department of health. See Tennessee Code 68-8-102
      11. Department: means the department of health. See Tennessee Code 68-5-501
      12. Department: means the department of health. See Tennessee Code 68-10-101
      13. Department: means the department of health. See Tennessee Code 68-9-103
      14. Dependent: A person dependent for support upon another.
      15. Devise: To gift property by will.
      16. Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
      17. Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
      18. Division: means the division of tuberculosis control. See Tennessee Code 68-9-103
      19. Dog: means all domesticated members of the canine family. See Tennessee Code 68-8-102
      20. Donor: The person who makes a gift.
      21. family member: is a minor, the minor may be represented by a guardian where appropriate. See Tennessee Code 40-38-302
      22. Fetal death: means death prior to the complete expulsion or extraction from its mother of a product of human conception. See Tennessee Code 68-3-102
      23. Fiduciary: A trustee, executor, or administrator.
      24. File: means to present a vital record provided for in this chapter for registration by the office of vital records. See Tennessee Code 68-3-102
      25. Final disposition: means the burial, interment, cremation, removal from the state or other authorized disposition of a dead body or fetus. See Tennessee Code 68-3-102
      26. 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.
      27. Forms: means the forms that are authorized, prepared and distributed by the department to carry out this part. See Tennessee Code 68-5-601
      28. Genetic and metabolic screening: means search through systematic testing of the population at risk for metabolic or genetic conditions, to enable early dietary or medical treatment and counseling so as to ameliorate or avoid adverse consequences of those disorders. See Tennessee Code 68-5-501
      29. Genetic disorders: means those conditions caused by an alteration or abnormality in the genetic material (DNA) which may adversely affect the health and functional abilities of affected individuals. See Tennessee Code 68-5-501
      30. good faith: as used in this chapter , shall not include willful misconduct, gross negligence, or reckless disregard. See Tennessee Code 68-6-103
      31. Governmental entity: means the state, a political subdivision of the state, or any department, agency, board, commission, or other instrumentality of the state or a political subdivision of the state. See Tennessee Code 40-38-601
      32. Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
      33. 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.
      34. Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
      35. Health care provider: means a Tennessee licensed medical doctor (M. See Tennessee Code 68-6-102
      36. hearing screening test: means a screening or test provided in accordance with current hearing screening standards established by a nationally recognized organization such as the Joint Committee on Infant Hearing Screening of the American Academy of Pediatrics. See Tennessee Code 68-5-902
      37. Highway: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
      38. 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.
      39. Induced termination of pregnancy: means the intentional termination of pregnancy with the intention other than to produce a live-born infant or to remove a dead fetus. See Tennessee Code 68-3-102
      40. Institution: means any establishment, public or private, that provides inpatient or outpatient medical, surgical or diagnostic care or treatment or nursing, custodial or domiciliary care, or to which persons are committed by law. See Tennessee Code 68-3-102
      41. Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
      42. Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
      43. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
      44. Live birth: means the complete expulsion or extraction from its mother of a product of human conception, irrespective of the duration of the pregnancy, that, after expulsion or extraction, breathes or shows any other evidence of life, such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached. See Tennessee Code 68-3-102
      45. Livestock: means all equine as well as animals that are being raised primarily for use as food or fiber for human utilization or consumption including, but not limited to, cattle, sheep, swine, goats, and poultry. See Tennessee Code 1-3-105
      46. maternal mortality: means a:

        1. Pregnancy-associated death. See Tennessee Code 68-3-602
        2. Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
        3. 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.
        4. Observation period: means the time following a bite incident during which the biting animal's health status must be monitored. See Tennessee Code 68-8-102
        5. Oversight: Committee review of the activities of a Federal agency or program.
        6. Owner: means any person having a right or property in a dog or cat, or who keeps or harbors a dog or cat, or who has it in such person's care or acts as its custodian, or who permits a dog or cat to remain on or about any premises. See Tennessee Code 68-8-102
        7. Parent: includes biological and adoptive parents, as defined in §. See Tennessee Code 40-38-601
        8. Peace officer: means animal control officer, police, rabies control officer, sheriff, wildlife officer, or similar duly appointed law enforcement officer of the state or any political subdivision thereof, authorized by the Constitution, statutes, charter, or ordinances to enforce statutory, rule, charter or ordinance violations. See Tennessee Code 68-8-102
        9. Person: means any individual or governmental entity, corporation, association, organization, nonprofit institution, or other entity or such entities' representatives. See Tennessee Code 68-6-102
        10. Physician: means a person licensed to practice medicine or osteopathy pursuant to the laws of this state. See Tennessee Code 68-3-102
        11. Physician: means any doctor of medicine or doctor of osteopathy duly licensed to practice the doctor's profession in Tennessee or the state in which the doctor resides and lawfully practices the doctor's profession. See Tennessee Code 68-9-103
        12. Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
        13. Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
        14. Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
        15. Pregnancy-associated death: means the death of a woman while pregnant or within one (1) year of the end of her pregnancy, irrespective of the cause of death and regardless of the duration or site of the pregnancy. See Tennessee Code 68-3-602
        16. Pregnancy-related death: means the death of a woman while pregnant or within one (1) year of the end of her pregnancy, regardless of the duration or site of the pregnancy, from any cause related to or aggravated by the pregnancy or its management, but not from accidental or incidental causes. See Tennessee Code 68-3-602
        17. Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. Source: U.S. Courts
        18. Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
        19. Process: means judicial process and all orders, demands, notices, or other papers required or permitted by law to be served on a program participant. See Tennessee Code 40-38-601
        20. program: means the program created under this part to protect the confidentiality of the confidential address of a relocated victim of domestic abuse, stalking, human trafficking, rape, sexual battery, or any other sexual offense. See Tennessee Code 40-38-601
        21. Program participant: means a person who is certified by the secretary of state as a program participant. See Tennessee Code 40-38-601
        22. Property: includes both personal and real property. See Tennessee Code 1-3-105
        23. Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
        24. Quarantine: means a state of strictly enforced isolation from other animals or the public imposed to prevent the spread of disease. See Tennessee Code 68-8-102
        25. 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
        26. 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.
        27. 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).
        28. 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
        29. Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
        30. School youth athletic activity: means a school or a local education agency organized athletic activity when the majority of the participants are under eighteen (18) years of age, and are engaging in an organized athletic game or competition against another team, club, or entity or in practice or preparation for an organized game or competition against another team, club, or entity. See Tennessee Code 68-6-102
        31. secretary: means the secretary of state of Tennessee and any designee of the secretary. See Tennessee Code 40-38-601
        32. Service of process: The service of writs or summonses to the appropriate party.
        33. Sexual offense: means a sexual offense or violent sexual offense as defined in §. See Tennessee Code 40-38-601
        34. Shelter: means animal or humane shelter, dog pound or animal pound. See Tennessee Code 68-8-102
        35. signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
        36. Standard serological test: means a test for syphilis infection or rubella immunity approved by the department and performed by an approved laboratory. See Tennessee Code 68-5-601
        37. Statute: A law passed by a legislature.
        38. Stillbirth: means an unintended, intrauterine fetal death after a gestational age of not less than twenty (20) completed weeks or with a weight of three hundred fifty (350) grams or more. See Tennessee Code 68-3-102
        39. Subscription: includes a mark, the name being written near the mark and witnessed. See Tennessee Code 1-3-105
        40. Substitute address: means an address designated by the secretary of state under the address confidentiality program that is used instead of a confidential address as set forth by this part. See Tennessee Code 40-38-601
        41. Suicide: means a death caused by self-directed injurious behavior with any intent to die because of the result of the behavior. See Tennessee Code 68-3-702
        42. Test: means a test approved by the department to determine possible infection with STDs. See Tennessee Code 68-10-101
        43. Testify: Answer questions in court.
        44. Testimony: Evidence presented orally by witnesses during trials or before grand juries.
        45. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
        46. Trustee: A person or institution holding and administering property in trust.
        47. Tuberculosis: means a disease caused by the human tubercle bacillus, whether infectious or noninfectious. See Tennessee Code 68-9-103
        48. United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
        49. Vaccination: means the injection of a rabies vaccine for animals, which meets the standards prescribed by both the United States Department of Agriculture (USDA) license granted to the vaccine for interstate sale and by the department. See Tennessee Code 68-8-102
        50. Veterinarian: means any individual licensed by the state board of veterinary medical examiners to practice veterinary medicine in this state. See Tennessee Code 68-8-102
        51. Victim: means an individual who suffers direct or threatened physical, emotional or financial harm as the result of the commission of a crime or an immediate family member of a minor victim or a homicide victim. See Tennessee Code 40-38-203
        52. Victim: means :
          1. A natural person against whom a crime was committed. See Tennessee Code 40-38-302
          2. Victim advocate: work with prosecutors and assist the victims of a crime.
          3. Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
          4. Victim impact statement: means a statement providing information about the financial, emotional and physical effects of the crime on the victim and the victim's family and specific information about the victim, the circumstances surrounding the crime and the manner in which it was perpetrated. See Tennessee Code 40-38-203
          5. Victim representative: means a spouse, parent, child, sibling or other relative of a deceased or incapacitated victim or of a victim who is under eighteen (18) years of age or a person who has had a close personal relationship with the victim and who is designated by the court to be a victim representative. See Tennessee Code 40-38-203
          6. Vital records: means certificates or reports of birth, death, marriage, divorce or annulment and other records related thereto. See Tennessee Code 68-3-102
          7. written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
          8. Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
          9. youth athletic activity: means an athletic activity organized by a city, county, business, or nonprofit organization when the majority of the participants are under eighteen (18) years of age, and are engaging in an organized athletic game or competition against another team, club, or entity or in practice or preparation for an organized game or competition against another team, club, or entity. See Tennessee Code 68-6-102