Part 1 Admission to Bail 40-11-101 – 40-11-153
Part 2 Forfeiture of Bail 40-11-201 – 40-11-215
Part 3 Professional Bondsmen 40-11-301 – 40-11-320
Part 4 Continuing Education for Professional Bail Bonding Agents 40-11-401 – 40-11-406
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Terms Used In Tennessee Code > Title 40 > Chapter 11 - Bail

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Adult day care: means services provided to five (5) or more adult recipients, for more than three (3) hours per day, by a provider of such services who is not related to such adult, pursuant to an individualized plan of care designed to maintain or restore each adult's optimal capacity for self care through medical or social services. See Tennessee Code 71-2-401
  • Adult day care center: means a facility that provides adult day care services. See Tennessee Code 71-2-401
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agency: means the Tennessee wildlife resources agency. See Tennessee Code 70-9-103
  • Agency: means the wildlife resources agency. See Tennessee Code 70-1-101
  • Agency: means the Tennessee wildlife resources agency. See Tennessee Code 70-4-402
  • Agency: means the primary agency within the state that has statutory authority to manage wildlife populations. See Tennessee Code 70-8-103
  • agency: means and only where the context requires in any other provision of law, a place or facility, regardless of whether it is currently licensed, that is operated as a family child care home, a group child care home, a child care center, or a drop-in center, as those terms are defined in this part, or that provides child care for five (5) or more children who are not related to the primary caregiver for three (3) or more hours per day. See Tennessee Code 71-3-501
  • Agriculture: means :
    (i) The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105
  • 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.
  • Angling: means any effort made to take, kill, injure, capture, or catch any fish and every act of assistance in any effort. See Tennessee Code 70-1-101
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Area agency on aging: means any agency that has been designated by the commission to plan for and provide services to the elderly and disabled within a defined geographic area. See Tennessee Code 71-2-103
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Assistance: means either money payments made to or in behalf of aged persons in need, or medical care and treatment, nursing home care, drugs including hospitalization, and outpatient care or any other type of remedial care recognized under state law in behalf of aged persons in need, or any of these, but does not include subdivisions (1)(A)-(1)(D) unless the federal Social Security Act (42 U. See Tennessee Code 71-2-202
  • Assistance: means , unless otherwise required by the context, temporary assistance. See Tennessee Code 71-3-103
  • Assistance: means money payments made to or in behalf of blind persons in need, or medical care, or both, including hospitalization, outpatient care and treatment, nursing home care, drugs or any other type of remedial care recognized under state law in behalf of blind persons in need, but does not include subdivisions (1)(A)-(1)(D) unless the Social Security Act (42 U. See Tennessee Code 71-4-102
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bag limit: means the maximum number of wildlife other than fish that may be taken, caught, killed, or possessed, by any person for any particular period of time, as provided by rule and regulation adopted by the commission. See Tennessee Code 70-1-101
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Bequest: Property gifted by will.
  • Big game: means deer, bear, wild turkey, and all species of large mammals that may be introduced or transplanted into this state for hunting. See Tennessee Code 70-1-101
  • Bonds: means bonds or interim certificates issued pending preparation or delivery of definitive bonds of a local government issued pursuant to this chapter. See Tennessee Code 9-21-105
  • bondsman: extends to and includes the agents, representatives or employees of a professional bondsman, or those acting for the bondsman, whether with or without compensation or salary. See Tennessee Code 40-11-301
  • Cage: means the primary enclosure in which an animal is held. See Tennessee Code 70-4-402
  • Carcass: means the dead body of any wildlife or a portion of any such dead body. See Tennessee Code 70-1-101
  • care providers: means the person or persons or entity or entities directly responsible for providing for the supervision, protection, and basic needs of the child. See Tennessee Code 71-3-501
  • Caretaker relative: means the father, mother, grandfather or grandmother of any degree, brother or sister of the whole or half-blood, stepfather, stepmother, stepbrother, stepsister, aunt or uncle of any degree, first cousin, nephew or niece, the relatives by adoption within the previously named classes of persons, and the biological relatives within the previous degrees of relationship, and the legal spouses of persons within the previously named classes of persons, even if the marriage has been terminated by death or divorce, with whom a child is living. See Tennessee Code 71-3-103
  • Chambers: A judge's office.
  • Child care: means the provision of supervision and protection, and, at a minimum, meeting the basic needs, of a child or children for less than twenty-four (24) hours a day. See Tennessee Code 71-3-501
  • Child care center: means any place or facility operated by any person or entity that provides child care for three (3) or more hours per day for at least thirteen (13) children who are not related to the primary caregiver. See Tennessee Code 71-3-501
  • children: means :
    (A) A person or persons under eighteen (18) years of age. See Tennessee Code 71-3-103
  • children: means a person or persons under eighteen (18) years of age. See Tennessee Code 71-3-501
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Commercial propagator: means any person or entity that may sell, barter, trade, propagate or transfer Class I wildlife, excluding transfers to other commercial propagators located within the boundaries of Tennessee, and that meets all other applicable license, permit, zoning and other requirements necessary to conduct business in the city, county and state where located. See Tennessee Code 70-4-402
  • Commission: means the Tennessee fish and wildlife commission. See Tennessee Code 70-9-103
  • Commission: means the Tennessee fish and wildlife commission, and "commissioner" means a member of the fish and wildlife commission. See Tennessee Code 70-1-101
  • Commission: means the Tennessee fish and wildlife commission. See Tennessee Code 70-4-402
  • Commission: means the commission on aging and disability. See Tennessee Code 71-2-103
  • Commissioner: means the commissioner of environment and conservation, the commissioner's duly authorized representative and, in the event of the commissioner's absence or a vacancy in the office of commissioner, the deputy commissioner of environment and conservation. See Tennessee Code 69-10-101
  • Commissioner: means the commissioner of environment and conservation, the commissioner's duly authorized representatives, and in the event of the commissioner's absence or a vacancy in the office of commissioner, the deputy commissioner. See Tennessee Code 69-11-102
  • Commissioner: means the commissioner of environment and conservation and the commissioner's authorized representatives. See Tennessee Code 70-8-303
  • Commissioner: means the commissioner of human services. See Tennessee Code 71-1-102
  • Commissioner: means the commissioner of human services. See Tennessee Code 71-2-401
  • Commissioner: means the chief administrative officer in charge of the department of human services. See Tennessee Code 71-3-501
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • conservation: include the use, and the use of, all methods and procedures for the purpose of increasing the number of individuals of each resident species of plant up to levels adequate to assure their survival in their ecosystems. See Tennessee Code 70-8-303
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Creel limit: means the maximum number of fish that may be taken, caught, killed, or possessed, by any person for any particular period of time, as provided by rule and regulation adopted by the commission. See Tennessee Code 70-1-101
  • Cultivated ginseng: means ginseng growing in tilled beds under shade of artificial structures or under natural shade where shrubs or other competing vegetation have been removed and the soil has been prepared to enhance the growth of the ginseng. See Tennessee Code 70-8-202
  • Dam: means any artificial barrier, together with appurtenant works, that does or may impound or divert water, and that either:
    (A) Is or will be twenty feet (20') or more in height from the natural bed of the stream or watercourse at the downstream toe of the barrier, as determined by the commissioner. See Tennessee Code 69-11-102
  • Days: means calendar days, including Sundays and holidays. See Tennessee Code 69-11-102
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the department of environment and conservation. See Tennessee Code 69-10-101
  • Department: means the department of environment and conservation. See Tennessee Code 70-8-303
  • Department: means the department of human services. See Tennessee Code 71-1-102
  • Department: means the department of human services. See Tennessee Code 71-2-202
  • Department: means the department of human services. See Tennessee Code 71-2-401
  • Department: means the department of human services. See Tennessee Code 71-3-103
  • Department: means the department of human services. See Tennessee Code 71-3-501
  • Department: means the department of finance and administration. See Tennessee Code 71-3-1102
  • Department: means the department of human services. See Tennessee Code 71-4-102
  • Dependent: A person dependent for support upon another.
  • Dependent child: means , except as otherwise stated in this part, a child living with a caretaker relative if the child is deprived of parental support due to death of a parent, continued absence of a parent from the home, physical or mental incapacity of a parent, or unemployment or underemployment of either or both parents and if the child's legally responsible relatives are not able to provide adequate care and support of such child without temporary assistance. See Tennessee Code 71-3-103
  • 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.
  • Devise: To gift property by will.
  • Director: means the executive director of the Tennessee wildlife resources agency, the director's duly authorized representative, and, in the event of the director's absence or a vacancy in the office of director, the assistant director of the Tennessee wildlife resources agency. See Tennessee Code 70-9-103
  • Director: means the director of a division within the department. See Tennessee Code 71-1-102
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Division: means the division of water management of the department of environment and conservation. See Tennessee Code 69-11-102
  • Division: means one (1) of the divisions created within the department of human services for the purposes of administration. See Tennessee Code 71-1-102
  • Docket: A log containing brief entries of court proceedings.
  • Donor: The person who makes a gift.
  • Drone: means a drone as defined in §. See Tennessee Code 70-4-301
  • Drop-in center: means a place or facility operated by any person or entity providing child care, at the same time, for fifteen (15) or more children, who are not related to the primary caregiver, for short periods of time, not to exceed eighteen (18) hours per week and for not more than nine (9) hours per day for any individual child during regular working hours, Monday through Friday six o'clock a. See Tennessee Code 71-3-501
  • Ecosystem: means a system of living organisms and their environment, each influencing the existence of the other and both necessary for the maintenance of life. See Tennessee Code 70-8-103
  • Endangered species: means :
    (A) Any species or subspecies of wildlife whose prospects of survival or recruitment within the state are in jeopardy or are likely within the foreseeable future to become so due to any of the following factors:
    (i) The destruction, drastic modification, or severe curtailment of its habitat. See Tennessee Code 70-8-103
  • Endangered species: means any species or subspecies of plant whose continued existence as a viable component of the state's flora is determined by the commissioner to be in jeopardy, including, but not limited to, all species of plants determined to be an "endangered species" pursuant to the Endangered Species Act. See Tennessee Code 70-8-303
  • Endangered Species Act: means the federal Endangered Species Act of 1973, Public Law 93-205 (87 Stat. See Tennessee Code 70-8-303
  • Enlargement: means any change in, or addition to, an existing dam or reservoir, that does or may raise the water storage elevation of the dam. See Tennessee Code 69-11-102
  • Enrollee: means an individual who is eligible and enrolled in the program. See Tennessee Code 71-3-1102
  • Enterprise: means any one (1) of or combination of two (2) or more public works projects, undertakings or projects which the local government is or may hereafter be authorized to construct and from which the local government has heretofore derived or may hereafter derive revenues, and such enterprise includes all improvements, betterments, extensions and replacements thereto, and all appurtenances, facilities, lands, rights in land, water rights, franchises and structures in connection therewith or incidental thereto. See Tennessee Code 9-21-105
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executive director: means the executive director of the wildlife resources agency. See Tennessee Code 70-1-101
  • Executive director: means the director of the state agency that has statutory authority to manage wildlife populations. See Tennessee Code 70-8-103
  • Export: means to transport, cause to be transported or deliver to any person for the purpose of transportation from any place in this state to any place outside of this state. See Tennessee Code 70-8-202
  • Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Falconry: means hunting by means of a trained raptor. See Tennessee Code 70-1-101
  • Family: means the eligible unit of children and parent or parents or caretaker relative or relatives residing in a common residence. See Tennessee Code 71-3-103
  • Family child care home: means any place or facility that is operated by any person or entity that provides child care for three (3) or more hours per day for at least five (5) children but not more than seven (7) children who are not related to the primary caregiver. See Tennessee Code 71-3-501
  • Farm pond: means any impoundment used only for providing water for agricultural and domestic purposes for the owner or occupant of the farm, the owner's or occupant's family, and invited guests, such as livestock and poultry watering, irrigation of crops, recreation, and conservation, but does not include any impoundment for which the water, or privileges or products of the water, are available to the general public. See Tennessee Code 69-11-102
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fish: means all species of trout, salmon, walleye, northern pike, bass, crappie, bluegill, catfish, perch, sunfish, drum, carp, sucker, shad, minnow, and such other species of fish that are presently found in the state or may be introduced or transplanted into this state for consumptive or nonconsumptive use. See Tennessee Code 70-1-101
  • Fishing: means any effort made to take, kill, injure, capture, or catch any fish and every act of assistance in any effort. See Tennessee Code 70-1-101
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Fur bearer: means beaver, raccoon, skunk, groundhog, coyote, gray fox, red fox, mink, muskrat, otter, weasel, bobcat, and opossum, and all subspecies or variations of the foregoing, and any other animals that may be declared by the commission under regulation to be a fur bearer. See Tennessee Code 70-1-101
  • Game birds: means all species of grouse, pheasant, woodcock, wilson snipe, crow, quail, waterfowl, gallinules, rails, mourning dove, and all species of birds that may be introduced into this state for hunting. See Tennessee Code 70-1-101
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Ginseng: means the plant panax quinquefolius of the araliaceae family. See Tennessee Code 70-8-202
  • Governing body: means the legislative body of any local government of this state or any other authority charged with the governing of the affairs of any local government in this state. See Tennessee Code 9-21-105
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grantor: The person who establishes a trust and places property into it.
  • Group child care home: means any place or facility operated by any person or entity that provides child care for three (3) or more hours per day for at least eight (8) children who are not related to the primary caregiver. See Tennessee Code 71-3-501
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
  • Highway: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
  • Hours: means the hours of the day or night when wildlife may be taken lawfully. See Tennessee Code 70-1-101
  • Hunting: means chasing, driving, flushing, attracting, pursuing, worrying, following after or on the trail of, searching for, trapping, shooting at, stalking, or lying in wait for, any wildlife, whether or not such wildlife is then or subsequently captured, killed, taken, or wounded and every act of assistance to any other person, but "hunting" does not include stalking, attracting, searching for, or lying in wait for, wildlife by an unarmed person solely for the purpose of watching wildlife or taking pictures of wildlife. See Tennessee Code 70-1-101
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Inherent risks of whitewater activities: means those dangers or conditions that are an integral part of whitewater activities, including, but not limited to:
    (A) Water. See Tennessee Code 70-7-201
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Landowner: includes any governmental entity. See Tennessee Code 70-7-101
  • Landowner: means the owner or lessee of land or the duly authorized agent of such owner or lessee. See Tennessee Code 70-8-202
  • Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Livestock: means all equine as well as animals that are being raised primarily for use as food or fiber for human utilization or consumption including, but not limited to, cattle, sheep, swine, goats, and poultry. See Tennessee Code 1-3-105
  • Local government: means any county, municipality or metropolitan government in this state. See Tennessee Code 9-21-105
  • Management: includes the entire range of activities that constitute a modern scientific resource program, including, but not limited to, research, census, law enforcement, habitat acquisition and improvement, and education. See Tennessee Code 70-8-103
  • Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
  • Mobile facility: means a facility designed for the transporting of animals or for the holding of animals on a temporary basis. See Tennessee Code 70-4-402
  • Month: means a calendar month. See Tennessee Code 1-3-105
  • Motor vehicle: means any self-propelled vehicle, and any vehicle propelled or drawn by a self-propelled vehicle, wherever operated, but does not include any vessel. See Tennessee Code 70-1-101
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Nongame birds: means all species of birds not classified as game birds. See Tennessee Code 70-1-101
  • Nonresident: means any person who is not a resident. See Tennessee Code 70-1-101
  • Nursery farmer: means any person engaged in the practice of growing or propagating nursery stock for sale. See Tennessee Code 70-8-303
  • Nursery stock: means all trees, shrubs, or other perennial plants or parts of such trees, shrubs, or other perennial plants grown or kept for, or capable of, propagation, distribution or sale on a commercial basis. See Tennessee Code 70-8-303
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • OHV: means any off-road motorcycles, three or four-wheel all-terrain vehicles or dune buggies. See Tennessee Code 70-9-103
  • Older Americans Act: means the Older Americans Act of 1965, as amended (42 U. See Tennessee Code 71-2-103
  • Ophthalmologist: means a physician licensed to practice medicine in this state and who is actively engaged in the treatment of diseases of the human eye. See Tennessee Code 71-4-102
  • Optimum carrying capacity: means that point at which a given habitat can support healthy populations of wildlife species, having regard to the total ecosystem, without diminishing the ability of the habitat to continue that function. See Tennessee Code 70-8-103
  • Optometrist: means any person licensed to practice optometry in this state and holding a current certificate of registration. See Tennessee Code 71-4-102
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: means any person who owns an interest in, controls, or operates a dam. See Tennessee Code 69-11-102
  • Owner: means the person in whose name the OHV is owned. See Tennessee Code 70-9-103
  • Participant: means any person who engages in a whitewater activity. See Tennessee Code 70-7-201
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Perimeter fence: means a secondary fence that prevents the public from touching the cage in which the animal is held. See Tennessee Code 70-4-402
  • Person: means any individual, firm, association, organization, partnership, business trust corporation, company, county, municipal or quasi-municipal corporation, public utility, utility or other district, the state of Tennessee and its departments, divisions, institutions, and agencies, and the duly authorized officers, agents, and representatives thereof, or any combination of any of the above. See Tennessee Code 69-11-102
  • Person: means an individual, association, partnership, or corporation. See Tennessee Code 70-1-101
  • Person: means any individual, corporation, association or partnership. See Tennessee Code 70-8-103
  • Person: means an individual, corporation, partnership, trust, association, or any other private entity, or any officer, agent, department or instrumentality of the federal government, any state or political subdivision of the state, or any foreign government. See Tennessee Code 70-8-303
  • Personal possession permit: means a noncommercial type permit issued to private citizens for ownership or possession of nonbreeding animals in small numbers. See Tennessee Code 70-4-402
  • Personal property: All property that is not real property.
  • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See Tennessee Code 1-3-105
  • Petit jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
  • Plant: means any member of the plant kingdom, including seeds, roots, cuttings, and other parts of the plant. See Tennessee Code 70-8-303
  • Plantlets: means young or small plants, which naturally create stolons with plantlets on the ends as a form of asexual reproduction. See Tennessee Code 70-8-202
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Poisonous: means any toxic substance secreted from the skin of an animal and that causes injury or death when absorbed or ingested. See Tennessee Code 70-4-402 v2
  • Possession: means both actual and constructive possession, and any control of the object or objects referred to. See Tennessee Code 70-1-101
  • Possession limit: means the maximum limit in number or amount of wildlife that may be lawfully in the possession of any one (1) person. See Tennessee Code 70-1-101
  • premises: includes real property, waters, private ways, trees and any building or structure located on the land or premises, owned by any governmental entity, including, but not limited to, the Tennessee valley authority. See Tennessee Code 70-7-101
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Professional bondsman: means any person, firm, partnership or corporation, engaged for profit in the business of furnishing bail, making bonds or entering into undertakings, as surety, in criminal proceedings, or for the appearance of persons charged with any criminal offense or violation of law or ordinance punishable by fine, imprisonment or death, before any of the courts of this state, including municipal courts or securing the payment of fines, judgments or damages imposed and of costs assessed by those courts upon preliminary or final disposition thereof. See Tennessee Code 40-11-301
  • Program: means any program established to provide health coverage to children pursuant to this part. See Tennessee Code 71-3-1102
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public hunting area: means a specific land or water area, or both, not intensively managed that is established for the protection of wildlife species and public use by both consumptive and nonconsumptive users. See Tennessee Code 70-1-101
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Public road: means the traveled portion of, and the shoulders on each side of, any road or highway maintained for public travel by a county, city, city and county, the state, or the United States government, and includes all bridges, culverts, overpasses, fills, and other structures within the limits of the right-of-way of any such road or highway. See Tennessee Code 70-1-101
  • Public works project: means any federal, state, county or municipal or other governmental project. See Tennessee Code 70-8-303
  • Quorum: The number of legislators that must be present to do business.
  • Raptor: means all birds found in the wild that are members of the order of falconiformes, strigiformes, and specifically, but not by way of limitation, means falcons, hawks, owls, and eagles, except the golden and bald eagle. See Tennessee Code 70-1-101
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • real property: include lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
  • Recipient: means a person who was receiving old age assistance benefits during the month of December 1973, and is now qualified under the provisions of Public Law 93-66 to continue to receive a state money payment as a supplement to the federally-provided supplemental security income benefits. See Tennessee Code 71-2-202
  • Recipient: means a person who was receiving aid to the blind benefits during the month of December, 1973, and is now qualified under Public Law 93-66 to continue to receive a state money payment as a supplement to the federally provided supplemental security income benefits. See Tennessee Code 71-4-102
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Refuge: means a specific land or water area, or both, that is established for the protection of one (1) or more species of wildlife with no, or limited forms of, consumptive uses, and limited nonconsumptive use to the degree compatible with desired wildlife protection. See Tennessee Code 70-1-101
  • Refunding bonds: means bonds issued to refund all or any part of bonds, notes or other obligations, except notes issued in anticipation of bonds, heretofore or hereafter issued or lawfully assumed by a local government pursuant to this chapter, or any other provision of this code or any other general or special law. See Tennessee Code 9-21-105
  • Region: means one (1) or more counties grouped for the purpose of local administration. See Tennessee Code 71-1-102
  • Regional director: means the director of a region. See Tennessee Code 71-1-102
  • Regional director: means the director of a region under chapter 1, part 1 of this title. See Tennessee Code 71-2-202
  • Regional director: means the director of a region under chapter 1, part 1 of this title. See Tennessee Code 71-4-102
  • Related: means , for purposes of this part, a person who is related to the adult day care services recipient as a legal or biological parent, spouse, child, sibling, aunt, uncle, nephew or niece of any degree, grandparent or grandchild of any degree, or cousin to the third degree, or a step parent, or a step grandparent of any degree. See Tennessee Code 71-2-401
  • Related: means the children, step-children, grandchildren, step-grandchildren, siblings of the whole or half-blood, step-siblings, nieces, nephews or foster children of the primary caregiver. See Tennessee Code 71-3-501
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Reservoir: means any basin that contains or will contain the water impounded by a dam. See Tennessee Code 69-11-102
  • Resident: means any person who resides in this state for a period of ninety (90) consecutive days with the genuine intent of making this state that person's place of permanent abode, and who, when absent, intends to return to this state. See Tennessee Code 70-1-101
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Revenues: means all fees, rents, tolls, rates, rentals, interest earnings, or other charges received or receivable by the local government from any public works project or enterprise then existing or thereafter to be constructed, including any revenues derived or to be derived by a local government from a lease, agreement or contract with any other local government, local government instrumentality, the state, or a state or federal agency for the use of or in connection with a public works project or enterprise, or all other charges to be levied and collected in connection with and all other income and receipts of whatever kind or character derived by the local government from the operation of any public works project or enterprise or arising from any public works project or enterprise. See Tennessee Code 9-21-105
  • Road: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
  • Sale: means any transfer of possession or ownership for money or other consideration. See Tennessee Code 70-8-202
  • Sell: includes the offering or possessing for sale, bartering, exchanging or trading. See Tennessee Code 70-1-101
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • sex: means a person's immutable biological sex as determined by anatomy and genetics existing at the time of birth and evidence of a person's biological sex. See Tennessee Code 1-3-105
  • signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
  • Small game: means fur bearers, game birds, swamp rabbits, bullfrogs, cottontail rabbits, fox squirrels, gray squirrels, red squirrels, and all species of small mammals and birds that may be introduced into this state for hunting. See Tennessee Code 70-1-101
  • Special concern species: means any species or subspecies of plant that is uncommon in Tennessee, or that has unique or highly specific habitat requirements or scientific value that requires careful monitoring of its status. See Tennessee Code 70-8-303
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Subscription: includes a mark, the name being written near the mark and witnessed. See Tennessee Code 1-3-105
  • Take: means to harass, hunt, capture, or kill, or to attempt to harass, hunt, capture, or kill wildlife. See Tennessee Code 70-8-103
  • Taking: means the capture or killing of a wild animal and includes travel, camping, and other acts preparatory to taking that occur on lands or waters upon which the affected person has the right or privilege to take such wild animal. See Tennessee Code 70-4-301
  • Temporary assistance: means the program to provide economic support and other support services to families that is provided by the state utilizing funds made available by congress and the secretary of health and human services to the state pursuant to the Social Security Act ( 42 U. See Tennessee Code 71-3-103
  • Temporary exhibitors: means those transient animal acts not permanently located within the boundaries of this state. See Tennessee Code 70-4-402
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Tennessee medicaid program: means the federal- and state-financed, state-run program of medical assistance established pursuant to Title XIX (42 U. See Tennessee Code 71-3-1102
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Threatened: means any species or subspecies of wildlife that is likely to become an endangered species within the foreseeable future. See Tennessee Code 70-8-103
  • Threatened species: means any species or subspecies of plant that appears likely, within the foreseeable future, to become endangered throughout all or a significant portion of its range in Tennessee, including, but not limited to, all species of plants determined to be a "threatened species" pursuant to the Endangered Species Act. See Tennessee Code 70-8-303
  • Title XIX: means Title XIX of the Social Security Act, Subchapter XIX, Chapter 7 of Title 42, United States Code (42 U. See Tennessee Code 71-3-1102
  • Title XXI: means Title XXI of the Social Security Act, Subchapter XXI, Chapter 7 of Title 42, United States Code (42 U. See Tennessee Code 71-3-1102
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Transport: means to carry or convey from one place to another, and includes an offer to transport, or receipt or possession for transportation. See Tennessee Code 70-1-101
  • Trapping: means taking, killing, and capturing wildlife by the use of any trap, snare, deadfall, or other device commonly used to capture wildlife, and the shooting or killing of wildlife lawfully trapped, and includes all lesser acts such as placing, setting, or staking such traps, snares, deadfalls, and other devices, whether or not such acts result in taking of wildlife, and every attempt to take and every act of assistance to any other person in taking or attempting to take wildlife with traps, snares, deadfalls, or other devices. See Tennessee Code 70-1-101
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • Venomous: means any toxic substance that is actively injected by an animal through a bite or sting and that causes injury or death. See Tennessee Code 70-4-402 v2
  • Venue: The geographical location in which a case is tried.
  • Watchable wildlife: is a ny species or subspecies that is defined in this section as nongame, endangered, threatened or wildlife in need of management. See Tennessee Code 70-8-103
  • Water: means that liquid, including solids or other matter dissolved or suspended in the liquid, that is or will be impounded. See Tennessee Code 69-11-102
  • Water storage elevation: means the maximum elevation of water surface that can be obtained by the dam or reservoir. See Tennessee Code 69-11-102
  • Waters of the state: means any waters within the territorial limits of the state of Tennessee. See Tennessee Code 70-1-101
  • Well: means one of these three (3) types of holes in the earth: a geothermal well, a monitoring well, or a water well. See Tennessee Code 69-10-101
  • Whitewater: means rapidly moving water. See Tennessee Code 70-7-201
  • Whitewater activity: means navigation on rapidly moving water in a watercraft. See Tennessee Code 70-7-201
  • Whitewater professional: means a person, corporation, LLC, partnership, natural person or any other entity engaged for compensation in whitewater activity. See Tennessee Code 70-7-201
  • Wholesale fish dealer: means any person in the business of buying from a commercial fisher, fish or other edible aquatic life, or parts of fish or other edible aquatic life, or products taken from the waters of this state for the purpose of canning, preserving or processing. See Tennessee Code 70-2-206
  • Wholesale mussel dealer: means any person who buys freshwater mussels or parts of mussels for the purpose of selling, processing or handling for shipment, to wholesalers, retailers or consumers. See Tennessee Code 70-2-206
  • Wild animal: means any wild creature, the taking of which is authorized by the fish and game laws of the state. See Tennessee Code 70-4-301
  • Wild bird: means all game birds, nongame birds, and raptors. See Tennessee Code 70-1-101
  • Wild ginseng: means ginseng occurring in its native woodland habitat, and includes the ginseng that is growing naturally in that habitat or that was introduced or increased in abundance in its natural habitat by sowing ginseng seed, introducing plantlets sourced from wild ginseng stock, or by transplanting ginseng plants from other woodland areas. See Tennessee Code 70-8-202
  • Wildlife: means wild vertebrates, mollusks, crustaceans, and fish. See Tennessee Code 70-1-101
  • Wildlife management area: means a specific land or water area, or both, that is established for the intensive management of both habitat and wildlife species for optimum enhancement and use by both consumptive and nonconsumptive users. See Tennessee Code 70-1-101
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
  • Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.