8-10-109 - Common law power reserved in certain counties. - Tennessee Statutes

8-10-109. Common law power reserved in certain counties.

(a)  Every constable, so elected and sworn, in those counties set out in § 8-10-108(b), including counties added to subsection § 8-10-108(b) at any time subsequent to 1969, is a conservator of the peace and vested with all the power and authority belonging to the office of constable by common law.

(b)  (1)  Notwithstanding any other provision of law to the contrary, a county legislative body may, by adopting a resolution by a two-thirds (2/3) vote at two (2) consecutive meetings of the county legislative body, remove any law enforcement powers exercised by the constables of the county.

     (2)  This subsection (b) does not apply in counties having a population of:

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according to the 1990 federal census or any subsequent federal census.

[Code 1858, § 390 (deriv. Acts 1741, ch. 5, § 3); Shan., § 481; Code 1932, § 728; Acts 1969, ch. 160, § 2; 1969, ch. 319, §§ 1, 4; 1973, ch. 382, § 2; T.C.A. (orig. ed.), § 8-1009; Acts 1997, ch. 344, §§ 5-7, 9, 10; 2009, ch. 230, § 2; 2009, ch. 515, § 2.]