Transfer of Documents From Criminal Cases to Not-for-Profit Depositories

1. Law
2. Tennessee Code
3. Public Libraries, Archives and Records
4. Public Records
5. Miscellaneous Provisions
6. Transfer of Documents From Criminal Cases to Not-for-Profit Depositories

1. The district attorney general of a judicial district, after giving written notice of the proposed transfer prior to such transfer to the presiding officer of the legislative body in which such record, document or evidence is located, may permanently transfer custody and ownership of all original records, documents and physical evidence in the district attorney general's possession that was collected, compiled and maintained in a particular criminal case or investigation to a university or other institution of higher education, museum, library or other not-for-profit corporation organized for the primary purpose of preserving and displaying items of historical significance, if:
   1. The university, museum, library or not-for-profit corporation has formally requested transfer of the records, documents and evidence in a particular case or investigation;
   2. The documents, records and evidence requested are, in the opinion of such district attorney general, of historical significance and their display would enhance public understanding, education or appreciation of a particular time or event in history;
   3. The documents, records and evidence requested have by operation of law become public records; and
   4. The district attorney general or clerk duplicates or photographs all documents and records transferred in a manner approved by the public records commission.
2. If such original records, documents or physical evidence are in the sole custody of the criminal court clerk of any judicial district, such clerk may permanently transfer custody and ownership of such records, documents or physical evidence with the approval of the district attorney general of the appropriate judicial district, after giving written notice of the proposed transfer prior to such transfer to the presiding officer of the legislative body for the jurisdiction in which such record, document or evidence is located.
3. If it is determined that such documents, records and evidence are to be transferred, the district attorney general shall make the final decision as to the date, time and method by which such transfer is effectuated.
4. Upon the transfer of such documents, records and evidence as provided by this section, any party desiring to view such material shall do so at the site where the material has been transferred.
5. As used in this section, “historical significance” means that the event giving rise to the documents, records or evidence being transferred occurred twenty (20) years or more prior to April 18, 1994.
6. This section does not apply to records or documents which are made confidential by any provision of law.

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