2010 Tennessee Code
Title 45 - Banks And Financial Institutions
Chapter 6 - Pawnbrokers
Part 2 - Pawnbrokers Act of 1988
45-6-223 - Racial profiling prohibited Violations Penalty.

45-6-223. Racial profiling prohibited Violations Penalty.

(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.

[Acts 2001, ch. 429, § 2.]  

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