Tennessee Code Annotated
Tenn. Code Ann. § 40-38-204 (2026)
Notification of opportunity to present impact statement - Policy - Development of impact statement form
✓ current as of May 2026
- (a) If a defendant is convicted of a felony involving one (1) or more identifiable victims who suffered death or physical, emotional, or financial injury, the department of correction shall ensure notification of the victim or the victim representative and advise the victim or victim representative of the opportunity to present a victim impact statement.
- (b) The department shall establish a policy concerning the victim impact statement. This policy shall include the development of a uniform victim impact statement form. In developing the form, the department shall first consult with the executive director of the district attorneys general conference.
Acts 1993, ch. 438, § 4.
Notes of Decisions
Cited in 2
cases, 1999–2016 · leading case: State v. Moss, 13 S.W.3d 374 (Tenn. Crim. App. 1999).
State v. Moss, 13 S.W.3d 374 (Tenn. Crim. App. 1999). “Tenn.Code Ann. § 40-38-204(a). A uniform victim impact statement form is utilized to gather information.”
State of Tennessee v. Charles L. Hartley (Tenn. Crim. App. 2016). “T.C.A. § 40-38-204(a) (2014). Tennessee Code Annotated section 40-38-202 requires the trial judge to “solicit and consider a victim impact statement prior to sentencing a convicted offender who has caused physical, emotional or financial harm to a victim[.”
— Tenn. Code Ann. § 40-38-204(a) — 2 cases
State v. Moss, 13 S.W.3d 374 (Tenn. Crim. App. 1999). “Tenn.Code Ann. § 40-38-204(a). A uniform victim impact statement form is utilized to gather information.”
State of Tennessee v. Charles L. Hartley (Tenn. Crim. App. 2016). “T.C.A. § 40-38-204(a) (2014). Tennessee Code Annotated section 40-38-202 requires the trial judge to “solicit and consider a victim impact statement prior to sentencing a convicted offender who has caused physical, emotional or financial harm to a victim[.”
— Tenn. Code Ann. § 40-38-204(b) — 1 case
State v. Moss, 13 S.W.3d 374 (Tenn. Crim. App. 1999). “Tenn.Code Ann. § 40-38-204(a). A uniform victim impact statement form is utilized to gather information.”
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