40-14-109 - Domestic violence offenses Notice to defendant. - Tennessee Statutes

40-14-109. Domestic violence offenses Notice to defendant.

(a)  As used in this section, “domestic violence offense” means an offense that:

     (1)  Is classified as a misdemeanor in this state;

     (2)  Has as an element of the offense the use or attempted use of physical force or the threatened use of a deadly weapon; and

     (3)  Is committed by a:

          (A)  Current or former spouse, parent, or guardian of the victim;

          (B)  Person with whom the victim shares a child in common;

          (C)  Person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian; or

          (D)  Person similarly situated to a spouse, parent, or guardian of the victim.

(b)  Before the court accepts the guilty plea of a defendant charged with a domestic violence offense, it shall inform the defendant that it is a federal offense for a person convicted of a domestic violence offense to possess or purchase a firearm and that from the moment of conviction for a domestic violence offense the defendant will never again be able to lawfully possess or buy a firearm of any kind. After so informing the defendant, the court may accept the plea of guilty if the defendant clearly states on the record that the defendant is aware of the consequences of a conviction for a domestic violence offense and still wishes to enter a plea of guilty.

(c)  If a defendant is not represented by an attorney but wishes to proceed to the trial on a charge of committing a domestic violence offense, the court shall also inform the defendant of the consequences of a conviction for a domestic violence offense as provided in subsection (b).

[Acts 1997, ch. 176, § 1.]