40-38-303. Victim's immunity from suit except for testimony that is intentionally and maliciously false and defamatory.

Statutes | Tenn. Code Ann. § 40-38-303

(a) In order for a victim of crime to meaningfully exercise the victims constitutional right to be heard, when relevant, at all critical stages of the criminal justice process, a victim is immune from civil liability or any civil cause of action brought by the offender that arises from the...

40-38-302. Part definitions.

Statutes | Tenn. Code Ann. § 40-38-302

As used in this part, unless the context otherwise requires: (1) "Crime" means: (A) Any offense the punishment for which is a Class A, B, C, D or E felony (B) First degree murder or (C) Assault under § 39-13-101(a)(1) (2) "Critical stages of the criminal justice process" are:...

40-38-301. Intent of general assembly.

Statutes | Tenn. Code Ann. § 40-38-301

(a) It is the intent of the general assembly by enactment of this part to implement and make fully operational the provisions of the Constitution of Tennessee, art. I, § 35, relative to the rights of victims of crime. The proposed amendment that became article I, § 35 was ratified by the...

40-38-208. Submission of statement or cooperation in preparation of statement not required.

Statutes | Tenn. Code Ann. § 40-38-208

This part shall not be construed to require a victim or victim representative to submit a victim impact statement or to cooperate in the preparation of a victim impact statement.

40-38-207. Impact statement to be considered as evidence

Statutes | Tenn. Code Ann. § 40-38-207

Any victim impact statement submitted to the court under § 40-38-205 shall be considered as evidence in determining whether the factors in §§ 40-35-113 and 40-35-114 apply.

40-38-206. Filing of presentence report.

Statutes | Tenn. Code Ann. § 40-38-206

The presentence report shall be filed with the clerk of the court within ten (10) days prior to the sentencing hearing as provided in § 40-35-208.

40-38-205. Impact statement to be part of presentence report - Contents - Number of statements.

Statutes | Tenn. Code Ann. § 40-38-205

Prior to imposition of sentence in a felony case, the department of correction shall prepare a written victim impact statement as part of the presentence report on the defendant. The statement shall include applicable information obtained during consultation with the victim or the victim...

40-38-204. Notification of opportunity to present impact statement - Policy - Development of impact statement form.

Statutes | Tenn. Code Ann. § 40-38-204

(a) If a defendant is convicted of a felony involving one (1) or more identifiable victims who suffered death or physical, emotional, or financial injury, the department of correction shall ensure notification of the victim or the victim representative and advise the victim or victim representative...

40-38-203. Part definitions.

Statutes | Tenn. Code Ann. § 40-38-203

As used in this part, unless the context otherwise requires: (1) "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 (2)...

40-38-202. Sentencing judge to consider impact statement prior to sentencing.

Statutes | Tenn. Code Ann. § 40-38-202

The sentencing judge shall solicit and consider a victim impact statement prior to sentencing a convicted offender who has caused physical, emotional, or financial harm to a victim, as defined in § 40-38-203.