40-7-120 - Release citations for misdemeanants. - Tennessee Statutes

40-7-120. Release citations for misdemeanants.

(a)  As used in this section, except as otherwise specifically indicated:

     (1)  “Citation” means a written order issued by a sheriff requiring a person accused of violating the law to appear in a designated court at a specified date and time. The order shall require the signature of the person to whom it is issued; and

     (2)  “Magistrate” means any state judicial officer, including the judge of a municipal court, having original trial jurisdiction over misdemeanors or felonies.

(b)  A sheriff or sheriff's designee may, at a county jail, issue a release citation to any person who has been arrested for a violation of law which is punishable as a misdemeanor and who has been booked and processed for that violation.

(c)  The citation shall demand the person cited to appear in court at a stated time and place, and it shall state the name and address of the person cited, the name of the issuing sheriff and the offense charged. The time specified on the citation to appear shall be as fixed by the sheriff issuing the citation.

(d)  The citation shall be executed in triplicate, the original to be delivered to the court specified in the citation, one (1) copy to be given to the person cited, and one (1) copy to be retained by the sheriff issuing the citation. The original citation delivered to the court shall be sworn to by the issuing sheriff before a magistrate or official lawfully assigned that duty by a magistrate. The person cited shall signify the person's acceptance of the citation and the person's agreement to appear in court as directed by signing the original citation.

(e)  Whenever a release citation has been prepared, accepted and the original citation delivered to the court as provided in this section, the original citation delivered to the court shall constitute a complaint to which the person cited must answer, and neither the arresting officer nor the sheriff issuing the citation shall be required to file any other affidavit of complaint with the court.

(f)  The signature of the person cited shall create a presumption of knowledge of notice to appear and a presumption of intent to violate this section if the person should not appear as required by the citation.

(g)  The citation shall give notice to the person cited that the person's failure to appear as ordered is punishable as a separate misdemeanor offense. Each citation issued pursuant to this section shall have printed on it in large, conspicuous block letters, the following:

NOTICE: FAILURE TO APPEAR IN COURT ON THE DATE ASSIGNED BY THIS CITATION WILL RESULT IN YOUR ARREST FOR A SEPARATE CRIMINAL OFFENSE WHICH IS PUNISHABLE BY A JAIL SENTENCE OF UP TO SIX (6) MONTHS AND/OR A TWO HUNDRED FIFTY DOLLAR ($250) FINE.

(h)  Any person who intentionally, knowingly or willfully fails to appear in court on the date and time specified on the citation commits a separate misdemeanor offense, regardless of the disposition of the charge for which the person was originally arrested, and upon conviction shall be punished by imprisonment in the county jail or workhouse for not more than six (6) months, or by a fine of not more than two hundred fifty dollars ($250) or, in the discretion of the court, by both imprisonment and fine. Proof that the defendant failed to appear when required constitutes prima facie evidence that the failure to appear is willful.

(i)  If the person cited fails to appear in court on the date and time specified, the court may issue a bench warrant for the person's arrest.

(j)  Nothing in this section shall be construed to affect a sheriff's authority to conduct a lawful search even though the citation is issued after arrest.

(k)  No citation shall be issued under the provisions of this section if:

     (1)  The person arrested requires medical examination or medical care, or if the person is unable to care for the person's own safety;

     (2)  A reasonable likelihood exists that the arrested person will fail to appear in court;

     (3)  The person demands to be taken immediately before a magistrate or refuses to sign the citation;

     (4)  The person arrested is so intoxicated that the person could pose a danger to the person's own self or to others;

     (5)  There are one (1) or more outstanding arrest warrants for the person;

     (6)  There is a reasonable likelihood that the offense would continue or resume, or that persons or property would be endangered by the arrested person;

     (7)  The person arrested cannot or will not offer satisfactory evidence of identification, including the providing of a field-administered fingerprint or thumbprint which a peace officer may require to be affixed to any citation; and

     (8)  The prosecution of the offense for which the person was arrested, or of another offense, would thereby be jeopardized.

(l)  The provisions of this section govern all aspects of the issuance of release citations to an arrested person, notwithstanding any provision of Rule 3.5 of the Tennessee Rules of Criminal Procedure to the contrary.

(m)  No sheriff may issue a release citation as authorized in this section after the issuance of a mittimus.

(n)  The provisions of this section are intended to be in addition and supplemental to the provisions of § 40-7-118, and shall not be construed to supersede the provisions of that section as it exists on July 1, 1989.

(o)  The provisions of this section do not apply to any county having a metropolitan form of government with a population of more than four hundred seventy thousand (470,000), according to the 1980 federal census or any subsequent federal census.

[Acts 1989, ch. 556, §§ 1-3.]