State Liability

  1. Law
  2. Tennessee Code
  3. Criminal Procedure
  4. Fees of Officers
  5. State Liability

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  1. The costs that have accrued in any criminal prosecution for offenses punishable with death or by confinement in the penitentiary, in cases accruing under § 40-25-130(1), (3) and (5), shall be paid by the state.
  2. The state shall also pay the accrued costs in all criminal prosecutions for offenses punishable with death or by confinement in the penitentiary where the accused shall have been convicted by trial or by guilty plea. In those cases where the accused receives concurrent sentences, the state shall not be liable to pay the costs in more than three (3) of the prosecutions where concurrent sentences are given.

Code 1858, § 5586; Acts 1891 (Ex. Sess.), ch. 22, § 1; Shan., § 7620; Code 1932, § 12248; Acts 1970, ch. 461, § 1; T.C.A. (orig. ed.), § 40-3333.

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.

Circumstances when state or county liable, §40-25-130.

Costs adjudged, §40-25-104.

Costs adjudged in habeas corpus cases, §29-21-125.

Costs included, §40-25-133.

Costs on discharge of criminal defendant, §29-21-126.

County liability, §40-25-132.

Housing state prisoners, reimbursement of costs, §41-8-106.

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


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