55-10-306 - Record of traffic cases Report of convictions to department. - Tennessee Statutes

55-10-306. Record of traffic cases Report of convictions to department.

(a)  Every magistrate or judge of a court shall keep or cause to be kept a record of every traffic complaint, warrant, traffic citation or other legal form of traffic charge deposited with or presented to the court or the traffic violations bureau of its jurisdiction, and shall keep a record of every official action by the court or the traffic violations bureau of its jurisdiction in reference thereto, including, but not limited to, a record of every conviction, forfeiture of bail, judgment of acquittal and the amount of fine or forfeiture resulting from every traffic complaint, warrant, or citation deposited with or presented to the court or traffic violations bureau.

(b)  (1)  Within thirty (30) days after the conviction or forfeiture of bail of a person upon a charge of violating any provision of chapter 8, parts 1-5 of this chapter and § 55-12-139 or other law regulating the operation of vehicles on highways, every such magistrate or judge of the court or clerk of the court of record in which the conviction was had or bail was forfeited shall prepare and immediately forward to the department an abstract of the record of the court covering the case in which the person was so convicted or forfeited bail, which abstract must be certified by the person so required to prepare the same to be true and correct. Report need not be made of any conviction involving the illegal parking or standing of a vehicle.

     (2)  Upon receipt of the fee of sixty-five dollars ($65.00) as specified in § 55-12-129, the commissioner shall make a payment of ten dollars ($10.00) for the furnishing of a completed report of a conviction resulting in suspension or revocation, including forfeiture of bail not vacated or payment of a fine or penalty, for one (1) or more of the offenses of reckless driving, driving while intoxicated or drugged, drag racing, driving while unlicensed, driving on a revoked or suspended license, driving an unregistered vehicle, driving a vehicle with revoked registration, failing to stop after a traffic accident, or vehicular homicide.

(c)  The abstract must be made on a form furnished by the commissioner and shall include the name and address of the party charged, the number, if any, of that party's operator's or chauffeur's license, the registration number of the vehicle involved, the nature of the offense, the date of the hearing, the plea, the judgment, or whether bail was forfeited, the amount of fine or forfeiture as the case may be, whether a driver education or improvement course was completed and the date of completion of the course, and shall include information as to whether or not there was in effect at the time of the violation an automobile liability policy or bond with respect to the operation of the motor vehicle involved.

(d)  Every court of record shall also forward a like report to the department upon the conviction of any person of manslaughter or other felony in the commission of which a vehicle was used.

(e)  The department shall keep all abstracts received under this section at its main office and the same shall be open to public inspection during reasonable business hours.

(f)  (1)  The administrative office of the courts, in conjunction with the department of safety, shall, on an annual basis, provide information and training to the clerks of court concerning the importance and necessity of preparing and forwarding to the department of safety the abstract forms for the convictions required by this section.

     (2)  The training and information required by this subsection (f) is not required to take the same form every year; provided, that the information is conveyed in a manner designed to be viewed, understood and retained by the clerks. The information may be conveyed one year by a training session at the annual court clerks conference and another year may be conveyed by mailing, e-mail or telephone.

     (3)  Any such training shall also include the effect and consequences of any changes in the abstract reporting requirements that may result from changes in state and federal law.

     (4)  The training and information distribution required by this subsection (f) shall apply to all clerks of court having original jurisdiction over traffic offenses, including municipal court clerks.

[Acts 1955, ch. 329, § 107; 1959, ch. 286, § 1; 1976, ch. 613, § 1; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A., § 59-1027; Acts 1986, ch. 842, § 11; 2001, ch. 292, § 5; 2005, ch. 120, § 1; 2008, ch. 1181, § 2.]