A prosecution is commenced, within the meaning of this chapter, by finding an indictment or presentment, the issuing of a warrant, the issuing of a juvenile petition alleging a delinquent act, binding over the offender, by the filing of an information as provided for in chapter 3 of this title, or by making an appearance in person or through counsel in general sessions or any municipal court for the purpose of continuing the matter or any other appearance in either court for any purpose involving the offense. A prosecution is also commenced, within the meaning of this chapter, by finding an indictment or presentment or the issuing of a warrant identifying the offender by a deoxyribonucleic acid (DNA) profile.
Code 1858, § 4987; Shan., § 6946; mod. Code 1932, § 11485; Acts 1975, ch. 258, § 4; 1977, ch. 179, §§ 1, 2; T.C.A. (orig. ed.), § 40-206; Acts 2007, ch. 4, § 1; 2013, ch. 205, § 1.
Compiler's Note. Acts 2013, ch. 205, § 2 provided that the act, which added the last sentence of this section, shall apply to commencement of prosecution for any offense, regardless of when committed, except those offenses for which prosecution is barred on July 1, 2013, because the applicable time limitation set out in §40-2-101 has expired.
Textbooks. Tennessee Criminal Practice and Procedure (Raybin), §§ 16.56, 16.84.
Tennessee Jurisprudence, 18 Tenn. Juris., Limitations of Actions, § 18.
Law Reviews.
The Right to a Preliminary Hearing and Effective Assistance of Counsel at a Preliminary Hearing in Tennessee, 43 Tenn. L. Rev. 635 (1976).
Attorney General Opinions. Retired misdemeanor cases. OAG 11-4, 2011 Tenn. AG LEXIS 4 (1/7/11).
Multiple crimes in single warrant. OAG 15-20, 2015 Tenn. AG LEXIS 20 (3/13/15).