Disclosure of Indictment Before Arrest

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  1. No judge, attorney, clerk, other officer of the court or grand juror shall disclose the fact of any indictment found until the defendant has been arrested or given bail for appearance to answer the indictment; however, nothing in this section shall preclude law enforcement from releasing information contained within the indictment or the fact of the indictment for the purpose of apprehending the subject of the indictment.
  2. A violation of subsection (a) is a Class A misdemeanor punishable, on conviction, as a Class A misdemeanor.
  3. This section does not apply to any disclosure by the issuance of process.

Code 1858, §§ 5100, 5101; Shan., §§ 7062, 7063; Code 1932, §§ 11606, 11607; T.C.A. (orig. ed.), § 40-1715; Acts 1989, ch. 591, §§ 1, 6; 2008, ch. 643, § 1.

Cross-References. Penalty for Class A misdemeanor, §40-35-111.

Textbooks. Tennessee Criminal Practice and Procedure (Raybin), §§ 9.24, 9.41.

Law Reviews.

The Tennessee Court System — Criminal Court (Frederic S. Le Clercq), 8 Mem. St. U.L. Rev. 319.


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