Tennessee Code 39-15-504 – Preservation of testimony of victim
Terms Used In Tennessee Code 39-15-504
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Vulnerable adult: means a person eighteen (18) years of age or older who, because of intellectual disability or physical dysfunction, is unable to fully manage the person's own resources, carry out all or a portion of the activities of daily living, or fully protect against neglect, exploitation, or hazardous or abusive situations without assistance from others. See Tennessee Code 39-15-501
In a case where an alleged offense under this part has been committed against an elderly or vulnerable adult, the state may make a motion that the testimony of the victim be preserved. Upon the filing of the motion, the court shall set a hearing on that motion within fifteen (15) days. At the hearing, the court shall set a date for the deposition of the victim to be taken. The date for the deposition of the victim must be within sixty (60) days of the filing of the original motion. Rule 15 of the Tennessee Rules of Criminal Procedure governs the manner by which the court is to proceed. It is presumed that a victim under this part needs to have testimony preserved. Rule 15 of the Tennessee Rules of Criminal Procedure governs all other motions to preserve testimony of a witness, made by either party.