Amends TCA Title 4; Title 8; Title 36; Title 37; Title 38; Title 39; Title 40 and Title 41.

This bill establishes the Tennessee witness relocation and assistance program. A "witness" for purposes of the program, is: a person who has been summoned, or is reasonably expected to be summoned, to testify in a criminal matter, including grand jury proceedings, for the state whether or not formal legal proceedings have been filed. Active or passive participation in the criminal matter does not disqualify an individual from being a witness; and includes family, friends, or associates of the witness who are deemed by local or state prosecutors to be endangered. The attorney general will administer the program. In a criminal proceeding within this state, when the action is brought by local or state prosecutors, where credible evidence exists of a substantial danger that a witness may suffer intimidation or retaliatory violence, the office of the attorney general and reporter will reimburse state and local agencies for the costs of providing witness protection services. The attorney general will give priority to matters involving: organized crime; criminal gang offenses; the illegal sale, delivery, or manufacture of a controlled substance or controlled substance analogue; terrorism; human trafficking; and cases involving a high degree of risk to the witness. Also, special regard will be given to the elderly, the young, the infirm, the disabled, victims of assault and domestic violence, victims of hate incidents, and victims of political violence or harassment. The office of the attorney general will coordinate the efforts of state and local agencies to secure witness protection, relocation, and assistance services and then reimburse those state and local agencies for the costs of the services that the office of the attorney general determines to be necessary to protect a witness from bodily injury, assure the witness's safe transition into a new environment, and otherwise to assure the health, safety, and welfare of the witness. This bill sets out in detail the services for which reimbursement will be provided. This bill also sets out in detail the responsibilities of the witness, which include that the witness must agree to testify at trial and provide information to all appropriate law enforcement officials concerning all appropriate proceedings if the witness has the potential to testify; and to refrain from committing any crime. This bill provides immunity from liability to the state and its political subdivisions, and the respective officers and employees of the state and its political subdivisions, for a condition in the witness protection agreement that cannot reasonably be met due to a witness committing a crime during participation in the program. Also, the state and its political subdivisions, and the respective officers and employees of this state and its political subdivisions, will have immunity from civil liability for a decision declining or revoking protection to a witness under this bill. This bill specifies that funds under this bill will be for: (1) Protecting a witness where credible evidence exists that the witness may be in substantial danger of intimidation or retaliatory violence because of their testimony; (2) Providing temporary and permanent relocation of witnesses and provide for their transition and well-being into a safe and secure environment; and (3) Paying the costs of administering the program. This bill requires the attorney general to develop guidelines for the program, which guidelines must include a 25-percent match that is required of local agencies. This bill prohibits a person or private entity from posting on the internet the home address, the telephone number, or personal identifying information that discloses the location of a witness or witness's family member who is participating in the witness relocation and assistance program with the intent that another person imminently use that information to commit a crime involving violence or a threat of violence against that witness or witness's family member. A violation of this provision will be is a Class A misdemeanor. Where the disclosure resulted in the bodily injury of the witness, or of a witness's family member who is participating in the program, the resulting harm will be considered an enhancement factor when determining punishment imposed. This bill sets out in detail other requirements and processes for the program and requires the attorney general to: (1) Establish a liaison with the United States marshal's office in order to facilitate the legal processes over which the federal government has sole authority; (2) Pursue all federal sources that may be available for implementing this program. This bill authorizes the attorney general to solicit and receive grants, donations, and private funding; and (3) Make an annual report to the general assembly no later than January 1, 2023, and by January 1 for each subsequent year, on the fiscal and operational status of the program. This bill specifies that the administrative costs of the office of the attorney general for the purposes of administering this bill will be limited to 5 percent of all costs incurred pursuant to this bill. Also, subject to appropriations in the general appropriations act, appropriations to the witness relocation and assistance program from state funds may not exceed $50,000 in any fiscal year. For administrative and budgetary purposes and with the intent that the office of the attorney general and reporter establish the program and any necessary accounts, this bill will take effect July 1, 2021. For all other purposes, this bill will take effect January 1, 2025.