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PUBLIC CHAPTER NO. 686
SENATE BILL NO. 1464
By Johnson; Mr. Speaker McNally; Haile, Yager, Watson, Lowe, Harshbarger, Stevens,
Hatcher, White, Briggs, Rose, Taylor, Seal, Reeves, Jackson, Walley, Bowling, Pody
Substituted for: House Bill No. 2506
By Mr. Speaker Sexton, Howell, Atchley, Grills, Wright, Raper, Moody, Stinnett, Russell,
Greg Martin, McCalmon, Bricken, Terry, Garringer, Littleton, Alexander, Vital
AN ACT to amend Tennessee Code Annotated, Title 4; Title 5; Title 6; Title 7; Title 8; Title 10; Title
38; Title 39; Title 40; Title 41 and Chapter 253 of the Public Acts of 2021, relative to
confidential records.
WHEREAS, the General Assembly finds that maintaining confidentiality of personal
identifying information of federal, State, and local officers, agents, and officials engaged in the
enforcement of federal and State immigration laws and sensitive information related to immigration
enforcement operations in this State is paramount to the protection and safety of such officers,
agents, and officials, the integrity of such enforcement operations, and public safety; and
WHEREAS, the General Assembly finds that protecting law enforcement officers engaged in
the enforcement of federal and State immigration laws from threats, harassment, intimidation, and
violence is necessary to preserve public safety, and that public access to government records when
disclosure does not create a safety risk promotes transparency and public confidence in
government; and
WHEREAS, the confidential maintenance of such information protects such persons from
targeted harassment, threats, or violence due to their enforcement duties; prevents disclosure of
sensitive information that could compromise immigration enforcement operations; maintains the
public confidence in immigration enforcement activities by ensuring such persons can effectively
carry out their duties without fear of retaliation; and aligns with existing privacy laws to protect
federal and State law enforcement officers' and employees' personal identifying information; now,
therefore,
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 4, Chapter 42, is amended by adding the
following new section:
4-42-105.
(a) Notwithstanding another law to the contrary, each state governmental entity and
official shall maintain the following information relative to the operational enforcement of
federal and state immigration laws as confidential, and such information is not subject to
public inspection:
(1) The name of a federal, state, or local officer, agent, or official participating
in federal immigration enforcement activities in this state when the name is
accompanied by contact information, a residential address, or other personal
identifying information of the officer, agent, or official;
(2)(A) The name of a federal, state, or local officer, agent, or official
participating in federal immigration enforcement activities in this state if:
(i) The release would endanger the safety of the individual
during an active or planned enforcement operation;
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(ii) The.individual is currently serving in an undercover capacity;
or
(iii) A documented threat assessment by the supervising
agency head, or a designee, demonstrates a specific, ongoing risk of
harm; and
(B) Nothing in this subdivision (a)(2):
(i) Prevents the disclosure of information, including the name of
the officer, relating to an investigation of alleged misconduct by a law
enforcement officer to the extent required by law;
(ii) Prevents a state governmental entity or official from
disclosing the name of an officer, agent, or official after the conclusion
of an operation if the entity or official determines that disclosure does
not present a reasonable risk to the safety of the officer, agent, or
official or the integrity of current or future operations; or
(iii) Requires the name of an officer, agent, or official from
being redacted from an affidavit, warrant, charging instrument, or other
judicial record; and
(3) Information related to specific future immigration enforcement operational
activities, such as the date and time, location, logistics, or strategies of such activities.
(b) Subsection (a) does not:
(1) Apply to information that is public pursuant to federal law or a court order;
or
(2) Prohibit federal, state, and local law enforcement agencies and officers
from sharing information necessary to facilitate the enforcement of federal and state
immigration laws.
(c) Subsection (a) preempts any policy, procedure, or rule of a state governmental
entity or official in conflict with subsection (a).
SECTION 2. Tennessee Code Annotated, Title 4, Chapter 42, is amended by adding the
following as a new section:
4-42-106.
(a) A state government official who, acting with criminal negligence, releases
information in violation of§ 4-42-105(a) commits a Class E felony.
(b) A state government official who, acting with criminal negligence, releases
information in violation of § 4-42-105(a) is subject to ouster under title 8, chapter 47, if
applicable.
(c) As used in this section, "criminal negligence" means the same as defined in§ 39-
11-106.
(d) This section does not preclude the enforcement of other applicable criminal and
civil penalties under federal or state law.
SECTION 3. Tennessee Code Annotated, Title 7, Chapter 68, is amended by' adding the
following new section:
(a) Notwithstanding another law to ttie contrary, each local governmental entity and
official shall maintain the following information relative to the operational enforcement of
federal and state immigration laws as confidential, and such information is not subject to
public inspection:
(1) The name of a federal, state, or local officer, agent, or official participating
in federal immigration enforcement activities in this state when the name is
accompanied by contact information, a residential address, or other personal
identifying information of the officer, agent, or official;
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(2)(A) The name of a federal, state, or local officer, agent, or official
participating in federal immigration enforcement activities in this state if:
(i) The release would endanger the safety of the individual
during an active or planned enforcement operation;
(ii) The individual is currently serving in an undercover capacity;
or
(iii) A documented threat assessment by the supervising
agency head, or a designee, demonstrates a specific, ongoing risk of
harm; and
(8) Nothing in this subdivision (a)(2):
(i) Prevents the disclosure of information, including the name of
the officer, relating to an investigation of alleged misconduct by a law
enforcement officer to the extent required by law;
(ii) Prevents a local governmental entity or official from
disclosing the name of an officer, agent, or official after the conclusion
of an operation if the entity or official determines that disclosure does
not present a reasonable risk to the safety of the officer, agent, or
official or the integrity of current or future operations; or
(iii) Requires the name of an officer, agent, or official from
being redacted from an affidavit, warrant, charging instrument, or other
judicial record; and
(3) Information related to specific future immigration enforcement operational
activities, such as the date and time, location, logistics, or strategies of such activities.
(b) Subsection (a) does not:
(1) Apply to information that is public pursuant to federal law or a court order;
or
(2) Prohibit federal, state, and local law enforcement agencres and officers
from sharing information necessary to facilitate the enforcement of federal and state
immigration laws. •
(c) Subsection (a) preempts any policy, procedure, or rule of a local governmental
entity or official in conflict with subsection (a).
(d)(1) A local government official who, acting with criminal negligence, releases
information in violation of subsection (a) commits a Class E felony.
(2) A local government official who, acting with criminal negligence, releases
information in violation of subsection (a) is subject to ouster under title 8, chapter 47,
if applicable.
(3) As used in this subsection (d), "criminal negligence" means the same as
defined in§ 39-11-106.
(e) This section does not preclude the enforcement of other applicable criminal and
civil penalties under federal or state law.
SECTION 4. Tennessee Code Annotated, Section 7-68-102(3), is amended by deleting the
subdivision and substituting:
(3) "Official" means an agent, employee, member, or representative of a local
governmental entity and includes the mayor of a county, incorporated city or town, or
metropolitan government; and
SECTION 5. Tennessee Code Annotated, Section 8-47-101, is amended by deleting the
language "or who shall commit any act constituting a violation of any penal statute involving moral
turpitude" and substituting instead:
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or who shall commit any act constituting a violation of any penal statute involving moral
turpitude, or who shall, acting with criminal negligence, unlawfully release confidential
information relative to the operational enforcement of federal and state immigration laws
SECTION 6. Tennessee Code Annotated, Section 10-7-504(f)(1), is amended by adding the
following new subdivision:
(L) The name of a law enforcement officer who is designated as working undercover
during the period of undercover assignment and for a reasonable period thereafter if the law
enforcement agency determines that disclosure would present a reasonable risk to the safety
of the officer or to the integrity of current or future operations; provided, that this subdivision
(f)(1 )(L) does not apply to training or certification records maintained by the peace officer
standards and training commission created pursuant to§ 38-8-102.
SECTION 7. Tennessee Code Annotated, Section 10-7-504(f)(9), is amended by deleting the
subdivision.
SECTION 8. Tennessee Code Annotated, Section 10-7-504(f)(8), is amended by adding the
following new subdivision (f)(8)(C) and redesignating the current subdivision (f)(8)(C) as subdivision
(f)(8)(D):
(C) Any person required by law to treat information described in subdivision (f)(1)(I)
as confidential commits an offense if the person acts with criminal negligence, as defined in §
39-11-106, in releasing the information to the public. A violation of this subdivision (f)(8)(C) is
a Class E felony.
SECTION 9. Tennessee Code Annotated, Section 10-7-504(f)(8)(B)(i}, is amended by
deleting the language "punishable only by a fine of five hundred dollars ($500)".
SECTION 10. Tennessee Code Annotated, Section 10-7-504(f)(8)(D), is amended by
deleting the language "Subdivision (f)(8)(A)" and substituting "This subdivision (f)(8)".
SECTION 11. Tennessee Code Annotated, Section 10-7-504(9), is amended by adding the
following new subdivision (g)(6):
(A) Any person required by law to treat information described in subdivision (g)(1) as
confidential commits an offense if:
(i) The person acts with criminal negligence, as defined in § 39-11-106, in
releasing the information to the public; or
(ii) The person knows the information is to be treated as confidential and
intentionally releases the information to the public.
(B)(i) A violation of subdivision (g)(6)(A)(i) is a Class B misdemeanor.
(ii) A violation of subdivision (g)(6)(A)(ii) is a Class A misdemeanor.
(C) Any person required by law to treat information described in subdivision
(g)(1)(A)(iii) as confidential commits an offense if the person acts with criminal negligence, as
defined in § 39-11-106, in releasing the information to the public. A violation of this
subdivision (g)(6)(C) is a Class E felony.
(D) This subdivision (g)(6) does not apply if:
(i) The law enforcement personnel whose information is treated as confidential
under subsection (g) expressly authorizes the release of such information; or
(ii) The information is released 'pursuant to court order.
SECTION 12. Section 1 of this act takes effect upon becoming a law, the public welfare
requiring it. For all other purposes, this act takes effect July 1, 2026, the public welfare requiring it,
and applies to prohibited conduct occurring on or after that date.
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SENATE BILL NO. 1464
PASSED: March 26, 2026
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'" RANDY Mc LLY
SPEAKER OF THE:;ATE
CAl\nEROtf"SEXTON, SPEAKER
HOUSE OF REPRESENTATIVES
l.1:_ APPROVED this day of ~ ; I 2026
u.
BILL LEE, GOVERNOREvery fact on this page links to its source, starting with the official bill record.