HOUSE BILL 49
By Davis
SENATE BILL 245
By Haile
SB0245
000388
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AN ACT to amend Tennessee Code Annotated, Title 8,
Chapter 7, Part 1 and Title 8, Chapter 7, Part 3,
relative to district attorneys general.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 8-7-309(a), is amended by adding
the following as a new subdivision:
(7) Provide legal counsel and advice to district attorneys general and their staff
related to the performance of their duties. The legal counsel and advice to district
attorneys general and their staff may be provided by attorneys employed with the district
attorneys general conference.
SECTION 2. Tennessee Code Annotated, Section 8-7-309, is amended by adding the
following as a new subsection:
(d) Legal counsel and advice provided pursuant to subdivision (a)(7) is
confidential and privileged, including any documents or other communications made or
used in connection with the legal counsel or advice. All communications and documents
made confidential by this subsection (d) are not public records as defined by § 10-7-503
and are not open to public inspection, examination, or copying except pursuant to a valid
and final court order as provided by § 10-7-505.
SECTION 3. Tennessee Code Annotated, Section 8-7-302, is amended by designating
the existing language as subsection (a) and adding the following:
(b) All meetings of the conference are subject to the open meetings provisions of
title 8, chapter 44, except that the conference executive committee and the finance and
audit committee may hold confidential, nonpublic executive sessions to discuss:
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(1) Items deemed not subject to public inspection under §§ 10-7-503 and
10-7-504, and all other matters designated as confidential or privileged under this
code;
(2) Litigation;
(3) Audits or investigations;
(4) Information protected by federal law; and
(5) Matters involving requests, information, investigations, proceedings,
or prosecutions conducted by a district attorney general pro tem appointed under
§ 8-7-106.
(c) During a confidential, nonpublic executive session by the executive
committee or finance and audit committee of the conference, the committee shall not
consider any business other than matters described in subdivisions (b)(1)–(5).
(d) A meeting at which both subject matter open to the public and confidential
subject matter will be discussed must be conducted as follows:
(1) All business relating to subject matter that is public in nature must be
conducted first; and
(2) At the conclusion of the meeting relating to subject matter that is
public in nature, the chair shall announce that the public portion of the meeting is
adjourned and that the remainder of the meeting will concern matters that are
confidential under subdivisions (b)(1)–(5). When everyone at the meeting who is
not authorized to attend the confidential portion of the meeting has departed, the
confidential portion of the meeting may commence.
SECTION 4. Tennessee Code Annotated, Section 8-7-106(b), is amended by deleting
"specific criminal proceedings, including grand jury proceedings," wherever it appears and
substituting "specific criminal or civil proceedings, including, but not limited to, grand jury
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proceedings; actions for removal of officers under title 8, chapter 47; quo warranto actions under
title 29, chapter 35; actions for abatement of nuisance under title 29, chapter 3; forfeiture actions
under title 40, chapter 33, or title 39, chapter 11, part 7; actions pursuant to the Post-Conviction
Procedure Act codified in title 40, chapter 30, part 1; actions related to the regulation, care, and
maintenance of cemeteries under § 46-1-304; and any other proceeding".
SECTION 5. This act takes effect upon becoming a law, the public welfare requiring it.