Bill > HB0907

This bill creates a new law enforcement investigatory privilege in Tennessee that protects certain information related to ongoing criminal investigations and prosecutions. Specifically, the privilege shields all information governed by Rule 16 of the Rules of Criminal Procedure during an open criminal investigation or prosecution. 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 a post-conviction petition has expired or been resolved. The bill prohibits the issuance of subpoenas for information protected by this privilege during an open investigation, and allows the district attorney general to file a motion to quash or modify subpoenas seeking such protected information. The legislation emphasizes that this privilege does not infringe on a criminal defendant's constitutional rights and does not alter existing procedures for law enforcement subpoenas. Additionally, the bill 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 act will take effect immediately upon becoming law.

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https://wapp.capitol.tn.gov/apps/Billinfo/default.aspx?BillNumber=HB0907&ga=114