[Repealed Effective 7/1/2024]

(a) A person who is mandated to comply with the requirements of this part, based solely upon a conviction for aggravated prostitution, under § 39-13-516, may petition the sentencing court for termination of the registration requirements based on the person’s status as a victim of a human trafficking offense, as defined by § 39-13-314, a sexual offense, under title 39, chapter 13, part 5, or domestic abuse, as defined by § 36-3-601.
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Terms Used In Tennessee Code 40-39-218

  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • Report: means appearance before the proper designated law enforcement agency for any of the purposes set out in this part. See Tennessee Code 40-39-202
  • Sexual offense: means :
    (A) The commission of any act that, on or after November 1, 1989, constitutes the criminal offense of:
    (i) Sexual battery, under §. See Tennessee Code 40-39-202
  • Testify: Answer questions in court.
  • Verdict: The decision of a petit jury or a judge.
  • Violent sexual offense: means the commission of any act that constitutes the criminal offense of:
    (A) Aggravated rape, under [former] §. See Tennessee Code 40-39-202
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(b)

(1) Upon receiving a petition, the court shall, at least thirty (30) days prior to a hearing on the petition, cause the office of the district attorney general responsible for prosecuting the person to be notified of the person’s petition for release from the registration requirements. Upon being notified, the district attorney general shall conduct a criminal history check on the person to determine if the person has been convicted of a sexual offense or violent sexual offense during the period the person was required to comply with the requirements of this part. The district attorney general shall report the results of the criminal history check to the court, together with any other comments the district attorney general may have concerning the person’s petition for release. The district attorney general may also appear and testify at the hearing in lieu of, or in addition to, submitting written comments.
(2) Notwithstanding subdivision (b)(1), a petition for termination of the registration requirements mandated by this part may be filed at any time following a verdict or finding of guilty. If the petition is filed prior to the sentencing hearing required by § 40-35-209, the court shall combine the hearing on the petition with the sentencing hearing. When the petition is filed prior to the sentencing hearing, the thirty-day notice requirement imposed pursuant to subdivision (b)(1) shall not apply; provided, however, that the district attorney general’s office shall be given notice of the petition and reasonable time to comply with the requirements of subdivision (b)(1).
(c)

(1) If the report of the district attorney general indicates that the petitioner has been convicted of a sexual offense or violent sexual offense while mandated to comply with the requirements of this part, the court shall deny the petition without conducting a hearing.
(2) If the report of the district attorney general indicates that the petitioner has not been convicted of a sexual offense or violent sexual offense while mandated to comply with the requirements of this part, the court shall conduct a hearing on the petition. At the hearing, the court shall call such witnesses, including, if applicable, an examining psychiatrist or licensed psychologist with health service designation or the prosecuting district attorney general, as the court deems necessary to reach an informed and just decision on whether the petitioner should be released from the requirements of this part. The petitioner may offer such witnesses and other proof at the hearing as is relevant to the petition.
(3) If a petition for release from the requirements of this part is denied by the court, the person may not file another such petition for a period of three (3) years.
(4) If the court determines that the petitioner has been a victim of a human trafficking offense, as defined by § 39-13-314, sexual offense, under title 39, chapter 13, part 5, or domestic abuse, as defined by § 36-3-601, and that the person should not be required to comply with the requirements of this part, the court shall grant the petition.
(d) Upon the court’s order granting the petition, the petitioner shall file a request for termination of registration requirements with the Tennessee bureau of investigation headquarters in Nashville, pursuant to § 40-39-207.
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