(a) It is the intent of the general assembly by enactment of this part to implement and make fully operational the provisions of Constitution of Tennessee, Article I, § 35 , relative to the rights of victims of crime. The proposed amendment that became the Constitution of Tennessee, Article I, § 35 was ratified by the voters of Tennessee at the November 3, 1998, general election, but there was some question as to whether it required the general assembly to define certain terms before the amendment could be implemented and in full force and effect.
criminal case

Ask a criminal law question, get an answer ASAP!
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Tennessee Code 40-38-301

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Crime: means :
    (A) Any offense the punishment for which is a Class A, B, C, D or E felony. See Tennessee Code 40-38-302
  • Victim: means :
    (i) A natural person against whom a crime was committed. See Tennessee Code 40-38-302
(b) It is the further intent of the general assembly that this part only govern the implementation of the Constitution of Tennessee, Article I, § 35. If any other provision of law confers additional, enhanced or more expansive rights upon victims of crime than are set out in this part or the Constitution of Tennessee, Article I, § 35, a victim shall also be entitled to the additional, enhanced or expansive statutory rights.
(c) If any other provision of law contains a broader definition of “crime,” “victim” or “critical stages of the criminal justice process” for any purpose other than implementation of the Constitution of Tennessee, Article I, § 35, the broader definition shall control for such purpose.
  Previous section
Next section  
 Part 3 Contents