Tennessee

Eyewitness Identification Reform

Tennessee has no eyewitness identification reform policy.

Recording of Interrogations

Tennessee has no law requiring recorded interrogations.

Post Conviction DNA Testing

Any prisoner convicted of a crime listed in T.C.A. § 40-30-303 may apply for post-conviction DNA testing at any time. Effective: 2001.

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Post-Conviction Fingerprint Analysis

State statute allows any party at any time to file a petition requesting post-conviction fingerprint analysis in cases of first degree murder, all class A and B felonies, some lesser included offenses, and other offenses at the discretion of the judge if there's a reasonable probability that the petitioner would not have been prosecuted or convicted, or that they would have had a more favorable verdict or sentence. The petitioner may be granted the analysis provided that the evidence exists, was never tested or not subject to the analysis requested, or a new method or technology is requested, and the purpose of the request is to demonstrate innocence. Effective: July 1, 2021.

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Evidence Preservation

State statute requires that following a motion for post-conviction DNA testing all evidence that could be subjected to DNA analysis collected in relation to first degree murders, second degree murders, aggravated rapes, rapes, aggravated sexual battery or rape of a child, and attempt cases must be preserved. The evidence must be maintained upon receiving notice from the court and during the pendency of the proceedings. Effective: 2001.

Tennessee's statute does NOT meet the best practices standards outlined by the NIST Technical Working Group on Biological Evidence Preservation.

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Exoneree Compensation

Any exonerated or pardoned person is entitled to a total of $1,000,000 for the entirety of a wrongful incarceration. The board of claims, in determining the amount of compensation, shall consider the person's physical and mental suffering and loss of earnings. The claim must be filed within one year of exoneration. Effective: 1984; Amended most recently: 2013.

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