Circumstances When State or County Liable

  1. Law
  2. Tennessee Code
  3. Criminal Procedure
  4. Fees of Officers
  5. Circumstances When State or County Liable

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The state, or the county in which the offense was committed or is triable, according to the nature of the offense, pays the costs accrued on behalf of the state, and for which the state or county is liable under §40-25-129, in the following cases, when:

  1. The defendant is acquitted by a verdict of the jury upon the merits;
  2. The prosecution is dismissed, or a nolle prosequi entered by the state;
  3. The action has abated by the death of the defendant;
  4. The defendant is discharged by the court or magistrate before indictment preferred or found, or after indictment and before verdict; or
  5. The defendant has been convicted, but the execution issued upon the judgment has been returned “nulla bona” or where the court hearing the case has made a finding at any evidentiary hearing that the defendant is indigent and remains indigent at the time of conviction.

Code 1858, § 5585 (deriv. Acts 1813, ch. 137 (136 in Scott's Revisal), §§ 2, 3, 5; 1832, ch. 8, § 2; 1837-1838, ch. 141, § 1; 1853-1854, ch. 38, § 1; 1853-1854, ch. 72, § 2); Acts 1885 (Ex. Sess.), ch. 14; 1897, ch. 20, § 1; Shan., § 7619; Code 1932, § 12247; Acts 1980, ch. 625, § 2; T.C.A. (orig. ed.), § 40-3332.

Compiler's Notes. This section may be affected by §9-1-116, concerning entitlement to funds, absent appropriation.

Cross-References. Cases in which state or county liable, §40-25-129.

Costs adjudged, §40-25-104.

Costs included, §40-25-133.

County liability, §40-25-132.

State liability, §40-25-131.

Taxing of cases on abandonment of prosecution, §40-25-127.

Taxing of costs of malicious or frivolous prosecution, §40-25-126.

Taxing prosecutor where defendant has made settlement, §40-25-128.

Textbooks. Tennessee Jurisprudence, 8 Tenn. Juris., Costs, § 13, 14, 19, 38; 17 Tenn. Juris., Justices of Peace and General Sessions Courts, § 11; 25 Tenn. Juris., Witnesses, § 9.

Attorney General Opinions. Payment allocation, where defendant indigent, only as to costs or fines, OAG 98-099 (5/27/98).

County liability for cost of incarcerating misdemeanant before sentencing, OAG 98-0159 (8/24/98).

Cost of interpreters for indigent defendants in general sessions court, OAG 99-211 (10/20/99).


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