Tennessee Code Annotated

Tenn. Code Ann. § 40-30-409 (2026)

Preservation of evidence during pendency of proceeding - Sanctions

✓ current as of May 2026

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When the petition is not summarily dismissed, the court shall order that all evidence in the possession of the prosecution, law enforcement, laboratory, or the court that could be subjected to fingerprint analysis must be preserved during the pendency of the proceeding. The intentional destruction of evidence after such an order may result in appropriate sanctions, including criminal contempt for a knowing violation of the court's order.

Added by 2021 Tenn. Acts, ch. 355, s 2, eff. 7/1/2021.

Notes of Decisions

Cited in 1 case, 2003–2003 · leading case: Willie Tom Ensley v. State of Tennessee (Tenn. Crim. App. 2003).

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Willie Tom Ensley v. State of Tennessee (Tenn. Crim. App. 2003). · cites it 2× “" See Tenn. Code Ann. § 40-30-409 . The state was directed to respond within 20 days.”

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