Criminal Procedure

Plain English Breakdown

Checked against official source text during the last sync.

Law Enforcement Investigatory Privilege Act

This bill creates a privilege for law enforcement to protect information during ongoing criminal investigations and prosecutions.

What This Bill Does

• Creates a law enforcement investigatory privilege that protects certain information governed by Rule 16 of the Rules of Criminal Procedure during open criminal cases.
• Defines when an investigation or prosecution is considered closed, such as after the district attorney decides not to charge someone or if a defendant is acquitted.
• Prohibits subpoenas from being issued for protected information in both civil and criminal proceedings.
• Allows the district attorney general to file motions to quash or modify subpoenas that seek protected information.

Who It Names or Affects

• Law enforcement agencies
• District attorneys
• People involved in ongoing criminal investigations

Terms To Know

Subpoena

A legal document ordering someone to appear in court or produce documents.

Investigatory privilege

The right of law enforcement to keep certain information confidential during an investigation.

Limits and Unknowns

• Does not specify how long the investigatory privilege lasts after a case is closed.
• Does not change existing constitutional rights for criminal defendants.
• Does not alter current procedures for issuing subpoenas by law enforcement.

Official Summary Text

This bill creates a law enforcement investigatory privilege that protects all information
governed by Rule 16 of the Rules of Criminal Procedure
, which sets forth the limits of discovery,
in an open criminal investigation or prosecution. A criminal inves
tigation or prosecution is deemed closed when
(i) the
district attorney general chooses not to seek charges against a suspect and closes the investigation
(ii) a criminal defendant is acquitted, or (iii) after conviction, the time to file a petition under
present law has expired or such petition is resolved by the court. However, these provisions do not infringe upon the constitutional rights of a criminal defendant and do not alter or amend the procedure for subpoena by law enforcement as described in pr
e
sent law.

This bill prohibits a subpoena from being issued or granted in a civil or
criminal proceeding for information protected by the law enforcement investigatory privilege in an open criminal investigation or prosecution.
T
he district attorney gene
ral may file a motion to quash or modify a subpoena in any matter where the state has an investigative or prosecutorial interest in information or materials
that
are protected by the law enforcement investigatory privilege and sought by a subpoena.

Current Bill Text

HOUSE BILL 907
By Garrett

SENATE BILL 521
By Roberts

SB0521
000687
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 24,
Chapter 1, Part 2 and Title 40, Chapter 17, Part 1,
relative to law enforcement investigatory privilege.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 24, Chapter 1, Part 2, is amended by
adding the following as a new section:
(a) There is created a law enforcement investigatory privilege.
(b) The law enforcement investigatory privilege protects all information governed
by Rule 16 of the Rules of Criminal Procedure in an open criminal investigation or
prosecution. A criminal investigation or prosecution is deemed closed when:
(1) The district attorney general chooses not to seek charges against a
suspect and closes the investigation;
(2) A criminal defendant is acquitted; or
(3) After conviction, the time to file a petition under § 40-30-102 has
expired or the petition filed under § 40-30-102 is resolved by the trial court.
(c) A subpoena must not be issued or granted in a civil or criminal proceeding for
information protected by the law enforcement investigatory privilege in an open criminal
investigation or prosecution. The district attorney general may file a motion to quash or
modify a subpoena in any matter where the state has an investigative or prosecutorial
interest in information or materials which are protected by the law enforcement
investigatory privilege and sought by a subpoena.
(d) Subsections (a) and (b) do not infringe upon the constitutional rights of a
criminal defendant.

- 2 - 000687

(e) Subsection (a) or (b) does not alter or amend the procedure for subpoena by
law enforcement as detailed in § 40-17-123.
SECTION 2. Tennessee Code Annotated, Section 40-17-122, is amended by deleting
the section and substituting:
Except as provided in Section 1, Rule 17 of the Rules of Criminal Procedure
governs when a clerk or other authorized officer of the court is required to issue a
subpoena in a criminal case in criminal court and the consequences of a person's refusal
to appear, testify, or produce evidence when subpoenaed is governed pursuant to that
rule. If any local rule of court conflicts with Rule 17, then Rule 17 prevails and the clerk
or other authorized officer of the court shall issue subpoenas and the judge shall punish
the refusal to respond to subpoenas in accordance with the rule.
SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it.