Bill > SB0521

This bill creates a new law enforcement investigatory privilege in Tennessee that protects certain information related to open criminal investigations or prosecutions from being subpoenaed in civil or criminal proceedings. Specifically, the privilege covers all information governed by Rule 16 of the Rules of Criminal Procedure during an active investigation. An investigation is considered closed when the district attorney decides not to pursue charges, a criminal defendant is acquitted, or after a conviction, the time to file certain post-conviction petitions has expired or such petitions have been resolved. The bill allows the district attorney general to file a motion to quash or modify subpoenas seeking privileged information where the state has an investigative or prosecutorial interest. Importantly, the bill explicitly states that this privilege does not infringe on a criminal defendant's constitutional rights and does not alter existing law enforcement subpoena procedures. The bill also amends existing statutes to clarify that Rule 17 of the Rules of Criminal Procedure governs the issuance of subpoenas in criminal cases, with this rule taking precedence over any conflicting local court rules. The law will take effect immediately upon becoming law.

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https://wapp.capitol.tn.gov/apps/Billinfo/default.aspx?BillNumber=SB0521&ga=114