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District Attorneys - As enacted, authorizes the attorney general to conduct a study of a district attorney general's disposition of charges and other ancillary matters within the 30th judicial district; authorizes the at, the official text

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                          $tate of \lrennessee

                          PUBLIC CHAPTER NO. 928

                          HOUSE BILL NO. 483

               By Representatives Farmer, Leatherwood, White, Davis

                          Substituted for: Senate Bill No. 443

                          By Senators Taylor, Rose

AN        ACT  to  amend  Tennessee  Code        Annotated                                  Title  81  relative  to  district  attorneys
                                                                                         1

general.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

         SECTION 1. Tennessee Code Annotated, Title 8, Chapter 6, Part 1, is amended by
adding the following as a new section:

8-6-113.

          (a) The attorney general and reporter is authorized to conduct a study of a district
attorney general's disposition of charges and other ancillary matters within the thirtieth
judicial district. The purpose of the study is to ensure the proper administration 9f justice
necessary to protect the safety of the community and to provide accountability to the
public. If the attorney general and reporter determines that auditing services are required
to conduct the study, the attorney general and reporter may request that the comptroller
of the treasury provide the necessary auditing services.

          (b) A study conducted pursuant to subsection (a) must review:

                    (1) The disposition of charges resulting from the Memphis safe task force
          that were brought to and by the district attorney general, including, but not limited
          to, plea agreements entered, convictions obtained, sentences entered, charges
          dismissed, any other. action indicating a declination to prosecute, and the
          reasoning for the district attorney general's decision to reduce, nolle prosequi, or
          dismiss a charge: As used in this subdivision (b)(1 ), "Memphis safe task force"
          means a federal task force operating with the objective of ending street and
          violent crime in Memphis to the greatest possible extent through the promotion
          and facilitation of hypervigilant policing, aggressive prosecution, complex
          investigations, financial enforcement, and large-scale saturation of besieged
          neighborhoods with law enforcement personnel, while coordinating closely with
          state and local officials;

                    (2) The recommendations given by the district attorney general regarding
          conditions of pretrial release and requirement of bail or release on recognizance
          for charges;

                    (3) The use of funds by the district attorney general, including potential
          improper use of grant funds; and

                    (4) Any other alleged misconduct or unlawful acts committed in the
          course of the district attorney general's duties.

          (c)

                    (1) For the purposes of a study pursuant to this section or any
          subsequent legislative action resulting from such a study, the attorney general
          and reporter must be accorded access to and may examine any information,
          records, books, data, or reports maintained by a district attorney general,
          whether or not the information is subject to public inspection. A district attorney
          general shall fully cooperate with the attorney general and reporter in providing
          such access.
HB483

                             (2) The attorney general and reporter shall maintain inviolate any
                   privileged or confidential information so acquired and any record or writing so
                   defined by law; provided, however, that the attorney general and reporter may
                   provide any such information, record, or writing to the speaker of the house of
                   representatives and the speaker of the senate to the extent the attorney general
                   and reporter deems it necessary to include such information in the attorney
                   general and reporter's study report and to members of the general assembly for
                   the purpose of considering or taking subsequent legislative action. If the attorney
                   general and reporter provides any such information, record, or writing to
                   members of the general assembly pursuant to this subdivision (c)(2), then the
                   members of the general assembly must maintain inviolate any privileged or
                   confidential information so acquired and any record or writing so defined by law.

                   (d) The attorney general and reporter shall submit a report of the findings of the
         study to the speaker of the house of representatives and the speaker of the senate by
          January 1, 2027.

                   (e) If the attorney general and reporter finds clear evidence that the district
          attorney general in the thirtieth judicial district has peremptorily and categorically refused
         to prosecute criminal offenses based on an unjustifiable and unconstitutional standard,
         without regard to facts or circumstances, or taken other official action that constitutes a
         failure or refusal to prosecute according to the law, then the attorney general and
          reporter may petition the supreme court for appointment of a district attorney general pro
         tern pursuant to § 8-7-106.

         SECTION 2. Tennessee Code Annotated, Section 8-7-106(a), is amended by adding the
following as a new subdivision:

                   (3) If a district attorney general has peremptorily and categorically refused to
          prosecute criminal offenses based on an unjustifiable and unconstitutional standard,
         without regard to facts or circumstances or taken other official action that constitutes a
         failure or refusal to prosecute according to the law, then the attorney general and
          reporter may petition the supreme court for appointment of a district attorney general pro
         tern. If the supreme court finds that the district attorney general has refused to attend
         and prosecute according to law, then the supreme court shall appoint some other
         attorney, from a list provided by the district attorneys general conference, as district
         attorney general pro tern in the district attorney general's place for the sole purpose of
         prosecuting persons accused of committing those certain offenses. The acts of such
         district attorney general pro tern are valid as if done by the regular officer, and the district
         attorney general pro tern is entitled to the same privileges and emoluments.

         SECTION 3. If any provision of this act or its application to any person or circumstance
is held invalid, then the invalidity does not affect other provisions or applications of the act that
can be given effect without the invalid provision or application, and to that end, the provisions of
this act are severable.

         SECTION 4. This act takes effect upon becoming a law, the public welfare requiring it.

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                     HOUSE BILL NO. 483

PASSED:  April 22, 2026

                         CAMERO~EXTON, SPEAKER
                         HOUSE OF REPRESENTATIVES

                                                           RANDY MCNALU
                                                PEAKER OF THE SENATE

1 f:L APPROVED this  day of __,_,_,,;,__~~.,._  2026

    .~•.. UL.

BILL LEE, GOVERNOR
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