Tennessee Pawnbrokers Act

Tennessee Statutes
Title 45. Banks And Financial Institutions
Chapter 6. Pawnbrokers
Part 2. Pawnbrokers Act Of 1988

§ 45-6-201. Short title

This part shall be known and may be cited as the "Tennessee Pawnbrokers Act of 1988."

Cite as T.C.A. § 45-6-201

§ 45-6-202. Purpose

The making of pawn loans and the acquisition and disposition of tangible personal property by and through pawnshops vitally affects the general economy of this state and the public interest and welfare of its citizens. It is the policy of this state and the purpose of this part to:
(1)    Ensure a sound system of making loans and acquiring and disposing of tangible personal property by and through pawnshops and to prevent unlawful property transactions, particularly in stolen property, through licensing and regulating pawnbrokers and certain persons employed by or in pawnshops;
(2)    Provide for licensing fees, investigation fees, and minimum capital requirements of licensees;
(3)    Ensure financial responsibility to the state and the public;
(4)    Ensure compliance with federal and state laws; and
(5)    Assist local governments in the exercise of their police power.

Cite as T.C.A. § 45-6-202

§ 45-6-203. Definitions
Currentness
As used in this part, unless the context otherwise requires:
(1) “Dealer and trader” means a person who holds a current certificate of registration with the department of revenue pursuant to title 67, chapter 6, part 6;
(2) “Maturity date of pawn transaction” means the date the pawn transaction is due to be paid, which date shall not be less than thirty (30) days after the date of the pawn transaction;
(3) “Net assets” means the book value of the current assets of a person or pawnbroker less its applicable liabilities as stated in this subdivision (3);
(A) “Applicable liabilities” includes trade or other accounts payable; accrued sales, income, or other taxes; accrued expenses and notes or other payables that are unsecured or secured in whole or in part by current assets. “Applicable liabilities” does not include liabilities secured by assets other than current assets;
(B) “Current assets” includes the investments made in cash, bank deposits, merchandise inventory, and loans due from customers excluding the pawnshop charge. “Current assets” do not include the investments made in fixed assets of real estate, furniture, fixtures, or equipment, investments made in stocks, bonds, or other securities or investments made in prepaid expenses or other general intangibles; and
(C) “Net assets” must be represented by a capital investment unencumbered by any liens or other encumbrances to be subject to the claims of general creditors. If the pawnshop is a corporation, the capital investment consists of common or preferred shares and capital or earned surplus, as those terms are defined by the Tennessee Business Corporation Act, compiled in title 48, chapters 11-27, as amended; if it is any other form of business entity, the capital investment consists of a substantial equivalent of that of a corporation and is determined by generally accepted accounting principles;
(4)(A) “Pawn” or “pawn transaction” means either of the following transactions:
(i) “Buy-sell” agreement means any agreement whereby a pawnbroker agrees to hold a property (pledged goods) for a specified period of time not to be less than sixty (60) days to allow the seller the exclusive right to repurchase the property. A buy-sell agreement is not a loan of money, but shall still meet all recording procedures to law enforcement officers as with a pawn transaction; or
(ii) “Loan of money” transaction means any loan on the security of pledged goods and being a written bailment of pledged goods as a security lien for the loan, for the cash advanced, interest and fees authorized by Acts 1995, ch. 186, redeemable on certain terms and with the implied power of sale on default;
(B) For purposes of all state and federal bankruptcy laws, a pledgor's interest in the pledgor's pledged goods during the pendency of a pawn transaction shall be deemed to be that of a right of redemption only;
(5) “Pawnbroker” means any person, partnership or corporation engaged in the business of lending money on the security of pledged goods; or engaged in the business of purchasing tangible personal property on condition that it may be redeemed and repurchased by the seller for a fixed price within a fixed period of time; or engaged in the business of advancing money to a customer in consideration for the customer surrendering possession of tangible personal property on an agreement by which the property may be returned to the customer's possession on repayment of the money advanced; and engaged in the business of selling new and used tangible personal property, whether unredeemed tangible personal property resulting from a pawn transaction, or acquired by a purchase of tangible personal property not acquired in a pawn transaction or purchased merchandise for resale from dealers and traders;
(6) “Pawnshop” means the location at which or premises in which a pawnbroker regularly conducts business;
(7) “Person” means any individual, corporation, joint venture, association or any other legal entity however organized;
(8) “Pledged goods” means tangible personal property, other than choses in action, securities, printed evidences of indebtedness or title documents, which tangible personal property is purchased by, deposited with, or otherwise actually delivered into the possession of a pawnbroker in connection with a pawn transaction, and includes “pawn” or “pledged property” or similar words; and
(9) “Pledgor” means the pawn loan customer of the pawnbroker, entering into a pawn transaction with the pawnbroker.
Credits
1988 Pub.Acts, c. 724, § 3; 1994 Pub.Acts, c. 539, § 1; 1995 Pub.Acts, c. 186, §§ 1, 2, eff. May 8, 1995.


§ 45-6-204. Authority of licensed pawnbrokers

(a)    A pawnbroker licensed pursuant to this part has the power to:
(1)    Make loans on the security of pledged goods as a pawn or pawn transaction;
(2)    Purchase tangible personal property under a buy-sell agreement from individuals as a pawn or pawn transaction on the condition it may be redeemed or repurchased by the seller at a fixed price within a fixed time not to be less than sixty (60) days;
(3)    Lend money on bottomry and respondentia security, at marine interest;
(4)    Deal in bullion, stocks and public securities;
(5)    Make loans on real estate, stocks and personal property;
(6)    Purchase merchandise for resale from dealers and traders;
(7)    Make over-the-counter purchases of goods that the seller does not intend to buy back. The pawnbroker shall hold the goods for a period of not less than twenty (20) business days before offering the merchandise for resale; and
(8)    Use its capital and funds in any lawful manner within the general scope and purposes of its creation.
(b)    Notwithstanding the provisions of this section, except for a pawn or pawn transaction authorized by Acts 1995, ch. 186, no pawnbroker shall have the power as enumerated in this section without first complying with the law regulating the particular transactions involved.

Cite as T.C.A. § 45-6-204

§ 45-6-205. Licenses and permits
Currentness
It is unlawful for any person, firm, or corporation to establish or conduct a business of pawnbroking unless the person, firm, or corporation has first procured a license to conduct the business in the manner and form as provided in this part.

§ 45-6-206. Licenses and permits; eligibility
Currentness
(a) To be eligible for a pawnbroker's license, an applicant must:
(1) Be of good moral character;
(2) Have net assets, as defined herein, of at least seventy-five thousand dollars ($75,000), readily available for use exclusively in conducting the business of each licensed pawnbroker;
(3) Show that the business will be operated lawfully and fairly within the purpose of this part; and
(4) Each licensed pawnbroker shall conform to the requirements set forth in § 45-6-221.
(b) Despite a person's eligibility for a pawnbroker's license under subsection (a), the county clerk shall find ineligible an applicant who has a prior felony conviction within ten (10) years next preceding that:
(1) Directly relates to the duties and responsibilities of the occupation of a pawnbroker; or
(2) Otherwise makes the applicant presently unfit for a pawnbroker's license.
(c) If an applicant for a pawnbroker's license is a business entity, the eligibility requirements of subsections (a) and (b) apply to each operator or beneficial owner, and as to a corporation, to each officer, shareholder, and director.
Credits
1988 Pub.Acts, c. 724, § 6; 1994 Pub.Acts, c. 935, § 1, eff. Jan. 1, 1995; 1995 Pub.Acts, c. 186, § 4, eff. May 8, 1995; 1997 Pub.Acts, c. 409, § 4, eff. Oct. 1, 1997; 2012 Pub.Acts, c. 778, § 2, eff. July 1, 2012.
T. C. A. § 45-6-206, TN ST § 45-6-206
Current with laws from the 2016 Second Reg. Sess., eff. through February 1, 2016

§ 45-6-207. Licenses and permits; petitions
Currentness
(a) Every person, firm or corporation desiring to engage in the business of pawnbroker shall petition the county clerk in the county in which the pawnbroker establishment is to be operated for a license to conduct the business.
(b) The petitions shall provide:
(1) The name of the person, and in case of a firm or corporation, the names of the persons composing the firm or of the officers and stockholders of the corporation;
(2) The place, street, and number where business is to be carried on;
(3) Specify the amount of net assets or capital proposed to be used by the petitioner in the business;
(4) The signature of at least ten (10) freeholders, citizens of the county in which petitioner resides, of good reputation, certifying to the good reputation and moral character of the applicant or applicants;
(5) The statement required in subdivision (b)(3) shall be accompanied by an unaudited statement from a certified public accountant and shall contain the following statement:
According to the information provided to me, the net assets, as defined in Tennessee Code Annotated, § 45-6-203, or proposed capital to be used by the applicant, __________ (name) in the pawnbroker business, are valued at not less than seventy-five thousand dollars ($75,000);
(6) An affidavit by petitioner that petitioner has not been convicted of a felony within the past ten (10) years, that directly affects the petitioner's ability to lawfully and fairly operate pursuant to this part;
(7) A certificate from the chief of police and/or sheriff and/or the Tennessee bureau of investigation that petitioner is of good moral character and has not been convicted of a felony within the past ten (10) years; and
(8) Certified funds in the amount of fifty dollars ($50.00) payable to the county clerk to defray the costs of investigation of the petition, plus to pay directly for the costs of the city, sheriff, and Tennessee bureau of investigation investigating the petitioner.
Credits
1988 Pub.Acts, c. 724, § 7; 1993 Pub.Acts, c. 229, § 1, eff. April 28, 1993.
T. C. A. § 45-6-207, TN ST § 45-6-207
Current with laws from the 2016 Second Reg. Sess., eff. through February 1, 2016

§ 45-6-208. Licenses and permits; contents; transfers
Currentness
Every person, firm, or corporation having satisfied the provisions of § 45-6-206 and having paid the business tax and any other taxes as provided by law, and having produced to the county clerk satisfactory evidence of good character as to being a suitable person or persons to carry on the business of pawnbroker, shall be granted a license as herein provided. The license issued hereunder shall state the name of the person, firm, or corporation to whom issued, the place of business and street number where the business is located and the amount of capital employed, and shall entitle the person receiving the same to do business at the place designated in the license. The license shall not be transferable from one (1) person to another, but may be transferred from one (1) place to another, by consent of the county clerk, on payment to the county clerk of a transfer fee of ten dollars ($10.00).


§ 45-6-209. Record of transactions required - Inspection - Fingerprinting

Note: Proposed Legislation


§ 45-6-210. Rate of interest - Other charges permitted

In connection with and for a pawn or pawn transaction, no pawnbroker shall demand and receive a rate of interest greater than two percent (2%) per month of the amount of the loan advance under the pawn or pawn transaction, and no other charge of any description, for any purpose whatsoever, shall be made by the pawnbroker; except that the pawnbroker may charge, contract for and receive a fee not to exceed one fifth (1/5) of the amount of the loan advance under the pawn or pawn transaction for investigating the title, storage, insuring the pledged goods, closing the loan, making daily reports to local law enforcement officers and for other expenses, losses of every nature whatsoever and for all other services. The fee when made and collected shall not be deemed interest for any purpose of law. The interest and fee shall be deemed to be earned, due and owing as of the date of the pawn transaction and a like sum shall be deemed earned, due and owing on the same day of each subsequent month.


Note: Amended§ 45-6-211. Failure to redeem
Currentness
(a) In every pawn transaction made under a loan of money pawn transaction as defined in this part, the pawnbroker shall retain in the pawnbroker's possession the pledged goods for thirty (30) days after the maturity date of the pawn transaction. Pledged goods not redeemed by the pledgor on or before the maturity date of the pawn transaction set out in the pawn ticket issued in connection with any pawn transaction may be redeemed by the pledgor within the period of thirty (30) days after the maturity date of the pawn transaction by the payment of the originally agreed redemption price (interest, fee and loan amount), and the payment of the additional interest and fee for the period following the original maturity date due on the pawn transaction.
(b) If the pledgor fails to redeem the pledged goods within thirty (30) days after the maturity date of the pawn transaction, the pledgor shall thereby forfeit all right, title and interest of, in and to the pledged goods to the pawnbroker, who shall thereby acquire an absolute title to the pledged goods and the debt becomes satisfied, and the pawnbroker shall have the authority to sell or dispose of the unredeemed pledged goods as the pawnbroker's own and may sell the unredeemed pledged goods.
(c) If the pledgor loses the pawn ticket, the pledgor shall not thereby forfeit the right to redeem the pledged goods, but may promptly, before the lapse of the final redemption date, make affidavit for the loss, describing the pledged goods, which affidavit shall take the place of the pawn ticket, unless the pledged goods have already been redeemed under this part.
(d) The following information shall be printed on all pawn tickets or buy-sell tickets:
(1) ANY PERSONAL PROPERTY PLEDGED TO A PAWNBROKER WITHIN THIS STATE IS SUBJECT TO SALE OR DISPOSAL WHEN THERE HAS BEEN NO PAYMENT MADE ON THE ACCOUNT FOR A PERIOD OF THIRTY (30) DAYS AFTER THE MATURITY DATE OF THE PAWN TRANSACTION AND NO FURTHER NOTICE IS NECESSARY;
(2) THE PLEDGOR OF THIS ITEM ATTESTS THAT IT IS NOT STOLEN, IT HAS NO LIENS OR ENCUMBRANCES AGAINST IT AND THE PLEDGOR HAS THE RIGHT TO SELL OR PAWN THE ITEM;
(3) THE ITEM PAWNED IS REDEEMABLE ONLY BY THE BEARER OF THIS TICKET; and
(4) A blank line for the pledgor's signature.
Credits
1988 Pub.Acts, c. 724, § 11; 1995 Pub.Acts, c. 186, § 8, eff. May 8, 1995.

§ 45-6-212. Prohibitions
Currentness
A pawnbroker shall not:
(1) Accept a pledge or purchase property from a person under eighteen (18) years of age, nor accept a pledge from anyone who appears intoxicated, nor from any person known to the pawnbroker to be a thief, or to have been convicted of larceny, burglary or robbery, without first notifying a police officer;
(2) Make any agreement requiring the personal liability of a pledgor in connection with a pawn transaction;
(3) Accept any waiver, in writing or otherwise, of any right or protection accorded a pledgor under this part;
(4) Fail to exercise reasonable care to protect pledged goods from loss or damage;
(5) Fail to return pledged goods to a pledgor upon payment of the full amount due the pawnbroker on the pawn transaction. In the event the pledged goods are lost or damaged while in the possession of the pawnbroker, it shall be the responsibility of the pawnbroker to replace the lost or damaged goods with like kind or kinds of merchandise. In the event the pledgor and pawnbroker cannot agree as to replacement with like kind or kinds, the pawnbroker shall reimburse the pledgor for the agreed upon value of the article as recited under § 45-6-209(b)(4);
(6) Purchase property in a pawn transaction for the pawnbroker's own personal use;
(7) Take any article in pawn, pledge, or as security or under a buy-sell agreement from any person, which article is known to the pawnbroker to be stolen;
(8) Sell, exchange, barter, or remove from the pawnbroker's place of business, or permit to be redeemed any goods pledged, pawned, or disposed of by the pawnbroker for a period of forty-eight (48) hours after making the report as provided in § 45-6-209;
(9) Keep more than one (1) house, shop, or place for the business of pawnbroker under one (1) license; provided, that the person may remove from one (1) place of business to another, as provided in § 45-6-208;
(10) Keep open the pawnbroker's place of business before eight o'clock a.m. (8:00 a.m.) or after six o'clock p.m. (6:00 p.m.) of any day during the year, with the exception of thirty (30) days before Christmas, meaning November 25 through December 24, of each year, and then the pawnbroker may open the place of business at eight o'clock a.m. (8:00 a.m.) and shall be entitled to close same at nine o'clock p.m. (9:00 p.m.); provided, that any municipality that contains within its corporate limits a portion of a military reservation that is located partially within the boundary of the state of Tennessee and partially within the boundary of another state and that has a population of not less than fifty-three thousand (53,000) and not more than seventy-five thousand (75,000), according to the 1980 federal census or any subsequent federal census, may extend the hours of operation by ordinance of the governing body beyond the hours of operation established pursuant to this subdivision (10), but the extension of hours shall not exceed the hours authorized in the closest contiguous state to the municipality; or
(11) Enter into any pawn transaction that has a maturity date less than thirty (30) days after the date of the pawn transaction.
Credits
1988 Pub.Acts, c. 724, § 12; 1989 Pub.Acts, c. 433, § 1; 1994 Pub.Acts, c. 539, § 2; 1995 Pub.Acts, c. 186, § 9, eff. May 8, 1995.


§ 45-6-213. Identification of pawnors - Procedure for misappropriated or stolen property

Note:  Proposed Legislation


§ 45-6-214. Redemption
Currentness
Except as otherwise provided by this part, any person presenting a pawn ticket to the pawnbroker may be presumed to be entitled to redeem the pledged goods described in the pawn ticket.
Credits
1988 Pub.Acts, c. 724, § 14.
T. C. A. § 45-6-214, TN ST § 45-6-214
Current with laws from the 2016 Second Reg. Sess., eff. through February 1, 2016

§ 45-6-215. Safekeeping of pledges; insurance
Currentness
Every pawnbroker licensed under the provisions of this part shall provide a safe place for the keeping of the pledges provided by the pawnbroker, and shall have sufficient insurance coverage on the property held on the pledge for the benefit of the pledgor, to pay the stated value as recited on the pawn stub of the pawned article, in case of destruction by fire or other catastrophe, and the policy shall be made payable, in the case of loss, to the city or county clerk for the benefit of the pledgor, as the pledgor's interest may appear, which policy shall be deposited with the city or county clerk. “Pawn value,” for the purposes of this section, means the amount of money loaned on the particular article, as stated on the pawn ticket and in the stub book, as recited under § 45-6-209(b)(3).
Credits
1988 Pub.Acts, c. 724, § 15.
§ 45-6-216. Suppliers names
Currentness
Upon request from any law enforcement agency, whether city, county, or state, a pawnbroker shall furnish the names of all suppliers from whom the pawnbroker has purchased merchandise for resale. This information is not to be recorded nor sent to any law enforcement agency but shall be maintained at the pawnshop for a period of at least one (1) year from the date of purchase.
Credits
1988 Pub.Acts, c. 724, § 16.
T. C. A. § 45-6-216, TN ST § 45-6-216
Current with laws from the 2016 Second Reg. Sess., eff. through February 1, 2016

§ 45-6-217. Signs and signals
Currentness
Every licensee under this part shall cause the name of the pawnbroker, firm or corporation, with the words, “Licensed Pawnbroker” to be printed or painted, in large, legible characters, and placed over the outside of the door or entrance of the shop, office, or place of business.
Credits
1988 Pub.Acts, c. 724, § 17.
T. C. A. § 45-6-217, TN ST § 45-6-217
Current with laws from the 2016 Second Reg. Sess., eff. through February 1, 2016

§ 45-6-218. Crimes and offenses
Currentness
(a) Every person, firm or corporation, or agents or employees thereof, who knowingly violates any of the provisions of this part, on conviction, commits a Class A misdemeanor. If the violation is by an owner or major stockholder and/or managing partner of the pawnshop, and the violation is knowingly committed by the owner, major stockholder or managing partner of the pawnshop, then the license of the pawnbroker or pawnbrokers may be suspended or revoked at the discretion of the city or county clerk.
(b) Subsection (a) does not apply to violations of § 45-6-212(7) relating to the taking of any article in pawn, pledge or as security under any buy-sell agreement from any person that is known to the pawnbroker to be stolen. Any violation under § 45-6-212(7) shall be prosecuted pursuant to § 39-14-103.
Credits
1988 Pub.Acts, c. 724, § 18; 1989 Pub.Acts, c. 591, §§ 1, 6; 1996 Pub.Acts, c. 675, § 47, eff. March 28, 1996.
T. C. A. § 45-6-218, TN ST § 45-6-218
Current with laws from the 2016 Second Reg. Sess., eff. through February 1, 2016

§ 45-6-219. Counties, municipalities, cities and taxing districts; ordinances; rules and regulations
Currentness
(a)(1) Counties, incorporated municipalities, cities and taxing districts in this state have the authority by ordinance to adopt provisions of this part and have the authority to adopt further rules and regulations that the legislative bodies of the counties, incorporated municipalities, cities and taxing districts may deem right and proper. No county, incorporated municipality, city or taxing district has the authority to:
(A) Regulate interest, fees and insurance charges;
(B) Regulate hours;
(C) Regulate the nature of the business or types of pawn transactions;
(D) Regulate license requirements;
(E) Require reports or pawn tickets providing identification, information or descriptions different from that required in § 45-6-209; or
(F) Require a pawnbroker to hold over-the-counter purchase of goods that the seller does not intend to buy back for a period of more than twenty (20) business days before offering the merchandise for resale.
(2) Counties shall have no more authority than incorporated municipalities, cities and taxing districts have under the provisions of this subsection (a) in regulating pawnbrokers.
(b) A law enforcement official from any county, municipality, city or taxing district may not charge a pawnbroker, firm or corporation a fee for receiving, reviewing or processing daily reports or pawn tickets as defined in § 45-6-209, or any other information required by the law enforcement official.
Credits
1988 Pub.Acts, c. 724, § 19; 1995 Pub.Acts, c. 186, §§ 11, 12, eff. May 8, 1995; 1996 Pub.Acts, c. 885, §§ 1, 2, eff. May 3, 1996; 1997 Pub.Acts, c. 409, § 2, eff. Oct. 1, 1997.
§ 45-6-220. Renewal of license
Currentness
(a) Notwithstanding any provision of this part to the contrary, the license of any person, firm, or corporation licensed as a pawnbroker on July 1, 1988, shall continue in force until the natural expiration thereof, and all other provisions of this part shall apply to the licensee.
(b) The pawnbroker shall be eligible for renewal of the license upon its expiration or the expiration of subsequent renewals; provided, that the licensee complies with the requirements for renewal that were in effect immediately prior to July 1, 1988.
Credits
1988 Pub.Acts, c. 724, § 20.
T. C. A. § 45-6-220, TN ST § 45-6-220
Current with laws from the 2016 Second Reg. Sess., eff. through February 1, 2016

§ 45-6-221. Computer systems; coordination with law enforcement
Currentness
(a) Each licensed pawnbroker shall have a computer system in operation, if so requested by the appropriate law enforcement agency, that is capable of electronically transferring information, and shall electronically transfer the information in text file format on pledged goods to the appropriate law enforcement agency where the pawnshop is located. A pawnbroker who is electronically transferring information on pledged goods to the appropriate law enforcement agency, as of July 1, 2012, shall be deemed in compliance with the requirements set forth in this section.
(b) In the event the pawnbroker transfers pawn transactions electronically, the pawnbroker is not required to also deliver to the appropriate law enforcement official the original or copies of the pawnbroker transaction forms. The appropriate law enforcement official may, for the purposes of a criminal investigation, request that the pawnbroker produce an original of a transaction form that has been electronically transferred. The pawnbroker shall deliver this form to the appropriate law enforcement official within twenty-four (24) hours or the next business day following the request.
Credits
1994 Pub.Acts, c. 935, § 2, eff. Jan. 1, 1995; 1997 Pub.Acts, c. 409, § 5, eff. Oct. 1, 1997; 2012 Pub.Acts, c. 778, § 1, eff. July 1, 2012.
T. C. A. § 45-6-221, TN ST § 45-6-221
Current with laws from the 2016 Second Reg. Sess., eff. through February 1, 2016

§ 45-6-222. Subpoenas; failure to comply
Currentness
(a) The following procedure shall be employed when a law enforcement officer, as defined in § 39-11-106, seeks to obtain a subpoena for the production of a thumbprint taken and maintained pursuant to § 45-6-209(b)(7) for the purpose of establishing, investigating or gathering evidence for the prosecution of a criminal offense.
(b) If the officer has reason to believe that a criminal offense has been committed or is being committed and that requiring the production of a thumbprint in the possession of a pawnbroker is necessary to establish who committed or is committing the offense or to aid in the investigation and prosecution of the person or persons believed to have committed or believed to be committing the offense, the officer shall prepare an affidavit in accordance with subsection (c).
(c) An affidavit in support of a request to compel the production of a thumbprint from a pawnbroker shall state with particularity the following:
(1) A statement that a specific criminal offense has been committed or is being committed and the nature of the offense;
(2) The articulable reasons why the law enforcement officer believes the production of the thumbprint requested will materially assist in the investigation of the specific offense committed or being committed;
(3) The name and address of the pawnbroker maintaining the thumbprint; and
(4) The nexus between the thumbprint requested and the criminal offense committed or being committed.
(d)(1) Upon preparing the affidavit, the law enforcement officer shall submit it to a magistrate, as defined in §§ 40-5-101 and 40-5-102. The magistrate shall examine the affidavit and may examine the affiants under oath. The magistrate may grant the request for a subpoena to produce the thumbprint requested if the magistrate finds that the affiants have presented a reasonable basis for believing that:
(A) A specific criminal offense has been committed or is being committed;
(B) Production of the requested thumbprint will materially assist law enforcement in the establishment or investigation of such offense;
(C) There exists a clear and logical nexus between the thumbprint requested and the offense committed or being committed; and
(D) The scope of the request is not unreasonably broad or the thumbprint unduly burdensome to produce.
(2) If the magistrate finds that all of the criteria set out in subdivision (d)(1) do not exist as to the thumbprint requested, the magistrate shall deny the request for subpoena.
(e) The affidavit filed in support of any request for the issuance of a subpoena pursuant to this section shall be filed with and maintained by the magistrate's office. If a subpoena is issued as the result of the affidavit, the affidavit shall be kept under seal by the magistrate until a copy is requested by the district attorney general, criminal charges are filed in the case, or the affidavit is ordered released by a court of record for good cause.
(f) A subpoena granted pursuant to this section by a magistrate of a court of record shall issue to any part of the state and shall command the pawnbroker to whom it is directed to produce any thumbprint that is specified in the subpoena to the law enforcement officer and at a reasonable time and place designated in the subpoena. A subpoena granted pursuant to this section by any other magistrate shall in all respects be like a subpoena granted by the magistrate of a court of record but shall issue only within the county in which the magistrate has jurisdiction. The magistrate shall prepare or cause to be prepared the subpoena and it shall describe the specific thumbprint requested and set forth the date and manner it is to be delivered to the officer.
(g) If the subpoena is issued by a magistrate of a court of record, it may be served by the officer in any county of the state by personal service, certified mail, return receipt requested, or by any other means with the consent of the person named in the subpoena. If the subpoena is issued by any other magistrate it shall be served by an officer with jurisdiction in the county of the issuing magistrate but may be served by personal service, certified mail, return receipt requested, or by any other means with the consent of the person named in the subpoena. The officer shall maintain a copy of the subpoena and endorse thereon the date and manner of service as proof thereof.
(h) No pawnbroker shall be excused from complying with a subpoena for the production of a thumbprint maintained by the pawnbroker issued pursuant to this section on the ground that production of the requested thumbprint may tend to incriminate the pawnbroker. Any pawnbroker claiming a privilege against self incrimination must assert the claim before the magistrate issuing the subpoena promptly and before the time designated for compliance therewith. If the district attorney general thereafter certifies to the magistrate that the interests of justice demand the production of the thumbprint for which the claim of privilege is asserted, then the magistrate shall order the production of the thumbprint and the pawnbroker shall not be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning the requested thumbprint the pawnbroker was compelled to produce.
(i) No subpoena for the production of a thumbprint as authorized by this section shall be directed to, or served upon, any defendant, or defendant's counsel, in a criminal action in this state, any person who is suspected of committing a criminal offense or any person who is the subject of a criminal investigation.
(j) If any pawnbroker, without cause, refuses to produce the requested thumbprint within the time and manner designated for compliance by the issuing magistrate, the district attorney general shall seek a writ of attachment from the issuing magistrate to seize the pawnbroker within the state and that pawnbroker may be held in civil contempt and committed to jail therein to remain without bail until willing to comply with the subpoena as the law directs.
Credits
2001 Pub.Acts, c. 429, § 2, eff. July 1, 2001; 2005 Pub.Acts, c. 225, §§ 1 to 7, eff. July 1, 2005.
T. C. A. § 45-6-222, TN ST § 45-6-222
Current with laws from the 2016 Second Reg. Sess., eff. through February 1, 2016

§ 45-6-223. Racial profiling; violations
Currentness
(a) No law enforcement officer or agency shall use any thumb or other print obtained pursuant to § 45-6-222 for the purpose of racial profiling.
(b)(1) Any person residing within the jurisdiction of the law enforcement officer or agency alleged to have violated this section may petition the chancery or circuit court of the county for injunctive relief under this section. The court in which the petition is filed shall conduct a show cause hearing to determine if thumb or other prints obtained pursuant to § 45-6-222 have been used by a law enforcement officer or agency for the purpose of racial profiling.
(2) If the court finds by a preponderance of evidence that a violation of this section has occurred, it shall grant an injunction prohibiting the officer or agency from obtaining thumb or other prints pursuant to § 45-6-222 for the period specified in subsection (c).
(3) If the court finds by a preponderance of evidence that a violation of this section has not occurred, it shall deny the petition for an injunction.
(c)(1) A law enforcement officer or agency who violates this section for the first time shall be enjoined from requesting subpoenas for the production of thumb or other prints pursuant to § 45-6-222 for a period of six (6) months.
(2) A law enforcement officer or agency who violates this section for the second time shall be enjoined from requesting subpoenas for the production of thumb or other prints pursuant to § 45-6-222 for a period of one (1) year.
(3) A law enforcement officer or agency who violates this section for a third or subsequent time shall be permanently enjoined from requesting subpoenas for the production of thumb or other prints pursuant to § 45-6-222.
Credits
2001 Pub.Acts, c. 429, § 2, eff. July 1, 2001.
T. C. A. § 45-6-223, TN ST § 45-6-223
Current with laws from the 2016 Second Reg. Sess., eff. through February 1, 2016
§ 45-6-224. Thumbprints; warning; failure to comply
Currentness
(a) All pawnshops that are required to take and maintain thumb or other prints pursuant to § 45-6-209(b)(7) shall be required to place a sign at least ten inches by fourteen inches (10″ X 14″) in a prominent location reasonably close in proximity to the place where the pawn transaction will occur. The sign shall contain language in bold type substantially similar to the following:
WARNING! IF YOU CONDUCT A PAWN TRANSACTION AT THIS ESTABLISHMENT YOU WILL BE REQUIRED TO GIVE A THUMBPRINT BEFORE SUCH TRANSACTION MAY BE COMPLETED AND YOUR THUMBPRINT MAY BE OBTAINED AND USED BY THE POLICE.
(b) Any pawnbroker who fails to comply with this section shall be subject to a civil penalty of one hundred dollars ($100) and noncompliance shall be grounds for the suspension of the pawnbroker's license.
Credits
2001 Pub.Acts, c. 429, § 2, eff. July 1, 2001.
T. C. A. § 45-6-224, TN ST § 45-6-224
Current with laws from the 2016 Second Reg. Sess., eff. through February 1, 2016