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PUBLIC CHAPTER NO. 312
SENATE BILL NO. 245
By Haile; Mr. Speaker McNally; Taylor
Substituted for: House Bill No. 49
By Davis
AN ACT to amend Tennessee Code Annotated, Title 8, Chapter 7, Part 1 and Title 8, Chapter 7, Part
3, relative to district attorneys general.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 8-7-309(a), is amended by adding the
following as a new subdivision:
(7) Provide legal counsel and advice to district attorneys general and their staff related
to the performance of their duties. The legal counsel and advice to district attorneys general
and their staff may be provided by attorneys employed with the district attorneys general
conference.
SECTION 2. Tennessee Code Annotated, Section 8-7-309, is amended by adding the
following as a new subsection:
(d) Legal counsel and advice provided pursuant to subdivision (a)(7) is confidential and
privileged, including any documents or other communications made or used in connection with
the legal counsel or advice. All communications and documents made confidential by this
subsection (d) are not public records as defined by § 10-7-503 and are not open to public
inspection, examination, or copying except pursuant to a valid and final court order as provided
by§ 10-7-505.
SECTION 3. Tennessee Code Annotated, Section 8-7-302, is amended by designating the
existing language as subsection (a) and adding the following:
(b) All meetings of the conference are subject to the open meetings provisions of title
8, chapter 44, except that the conference executive committee and the finance and audit
committee may hold confidential, nonpublic executive sessions to discuss:
(1) Items deemed not subject to public inspection under§§ 10-7-503 and 10-7-
504, and all other matters designated as confidential or privileged under this code;
(2) Litigation;
(3) Audits or investigations; .
(4) Information protected by federal law; and
(5) Matters involving requests, information, investigations, proceedings, or
prosecutions conducted by a district attorney general pro tern appointed under § 8-7-
•106.
(c) During a confidential, nonpublic executive session by the executive committee or
finance and audit committee of the conference, the committee shall not consider any business
other than matters described in subdivisions (b)(1)-(5).
(d) A meeting at which both subject matter open to the public and confidential subject
matter will be discussed must be conducted as follows:
SB245
(1) All business relating to subject matter that is public in nature must be
conducted first; and
(2) At the conclusion of the meeting relating to subject matter that is public in
nature, the chair shall announce that the public portion of the meeting is adjourned
and that the remainder of the meeting will concern matters that are confidential under
subdivisions (b)(1 )-(5). When everyone at the meeting who is not authorized to
attend the confidential portion of the meeting has departed, the confidential portion of
the meeting may commence.
SECTION 4. Tennessee Code Annotated, Section 8-7-106(b), is amended by deleting
"specific criminal proceedings, including grand jury proceedings," wherever it appears and
substituting "specific criminal or civil proceedings, including, but not limited to, grand jury
proceedings; actions for removal of officers under title 8, chapter 47; quo warranto actions under title
29, chapter 35; actions for abatement of nuisance under title 29, chapter 3; forfeiture actions under
title 40, chapter 33, or title 39, chapter 11, part 7; actions pursuant to the Post-Conviction Procedure
Act codified in title 40, chapter 30, part 1; actions related to the regulation, care, and maintenance of
cemeteries under § 46-1-304; and any other proceeding".
SECTION 5. This act takes effect upon becoming a law, the public welfare requiring it.
2
SENATE BILL NO. 245
PASSED: April 15, 2025
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DA~II~I ~I cNALLY
SPEAKER OF THE SENATE
CAMEROlNIEXTON,SPEAKER
HOUSE OF REPRESENTATIVES
APPROVED this 2.,.J day of ~ 2025
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