Tennessee HB 1611: Criminal Procedure - As enacted, authorizes the issuance of electronic citations, and not just written citations on paper, for certain misdemeanor criminal offenses in lieu of arrest. - Amends TCA Title 40 and Title 55.

Bill Text

Senate Judiciary Committee 1
Amendment No. 1 to SB1622

Bell
Signature of Sponsor

AMEND Senate Bill No. 1622 House Bill No. 1611*

SA0489
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by deleting all language after the enacting clause and substituting instead the following:
SECTION 1. Tennessee Code Annotated, Section 40-7-118(a)(1), is amended by
deleting the subdivision and substituting instead the following:
(1) "Citation" means an order prepared as a written or electronic citation and
issued by a peace officer on paper or on an electronic data device requiring a person
accused of violating the law to appear in a designated court or government office at a
specified date and time. The signature of the person to whom the order is issued is
required, and the order must be filed, electronically or otherwise, with a court having
jurisdiction over the alleged offense;
SECTION 2. Tennessee Code Annotated, Section 40-7-118(e), is amended by deleting
the subsection and substituting instead the following:
(1) In issuing a citation, the officer shall:
(A) Prepare a citation that includes the name and address of the cited
person, the offense charged, and the time and place of appearance;
(B) Have the offender sign the citation. The officer shall deliver one (1)
copy to the offender and retain the other; and
(C) Release the cited person from custody.
(2)
(A) An electronic signature may be used to sign a citation issued
electronically and has the same force and effect as a written signature.

Senate Judiciary Committee 1
Amendment No. 1 to SB1622

Bell
Signature of Sponsor

AMEND Senate Bill No. 1622 House Bill No. 1611*

SA0489
013613
-2-

(B) Whenever a citation is issued electronically, the officer shall provide
the cited person with a paper copy of the citation.
(C) Replicas of citation data sent by electronic transmission must be sent
within three (3) days of the issuance of the citation to the court having jurisdiction
over the alleged offense.
SECTION 3. Tennessee Code Annotated, Section 55-10-207(c)(1), is amended by
deleting the language "The traffic citation delivered to the court shall be sworn to by the issuing
officer before a magistrate or official lawfully assigned this duty by a magistrate." and is further
amended by adding the following language at the end of the subdivision:
An electronic signature may be used to sign a citation issued electronically and has the
same force and effect as a written signature.
SECTION 4. This act shall take effect upon becoming a law, the public welfare requiring
it.