40-3-103 - Information. - Tennessee Statutes

40-3-103. Information.

(a)  All violations of the criminal laws may, with the consent of the accused and the accused's attorney and of the court, be prosecuted upon the filing of an information.

(b)  “Information” means a written statement by a district attorney general charging a person with the commission of a criminal offense.

(c)  (1)  It is the mandatory duty of the court, before consenting to a prosecution by information, to advise the accused in the presence of the accused's attorney of the accused's constitutional right to be tried only upon presentment or indictment of the grand jury of the accused's peers.

     (2)  Upon the accused's agreeing in writing in the presence of the accused's attorney to waive such right, the court may proceed in all respects as in cases prosecuted by indictment or presentment.

     (3)  The written waiver required in subdivision (c)(2) shall be attached to and become a part of the information.

[Acts 1975, ch. 258, §§ 2, 3; T.C.A., §§ 40-306, 40-307.]