Amends TCA Title 40.

Article I, Section 35 of the Constitution of Tennessee provides the following rights of victims of crimes: (1) The right to confer with the prosecution. (2) The right to be free from intimidation, harassment and abuse throughout the criminal justice system. (3) The right to be present at all proceedings where the defendant has the right to be present. (4) The right to be heard, when relevant, at all critical stages of the criminal justice process as defined by the General Assembly. (5) The right to be informed of all proceedings, and of the release, transfer or escape of the accused or convicted person. (6) The right to a speedy trial or disposition and a prompt and final conclusion of the case after the conviction or sentence. (7) The right to restitution from the offender. (8) The right to be informed of each of the rights established for victims. This bill clarifies that a victim has standing to assert the rights enumerated in (1)-(8) above, and the statutory rights in this bill, in any court exercising jurisdiction over the criminal offense committed against the victim. Either the district attorney general prosecuting the criminal offense or the victim may assert the victim's rights. However, the defendant in a criminal case has no standing to assert a right of the victim in the criminal case in any court proceeding, including appeal. This bill authorizes a district attorney general to assert a victim's right or request of a right by filing a motion or by orally asserting the right or requesting enforcement in open court in the criminal case; and requires the district attorney general to consult with the victim regarding the assertion or enforcement of a right, upon request. If the district attorney general decides not to assert or enforce a victim's right, then this bill requires the district attorney general to notify the victim in sufficient time to allow the victim to assert the right or to seek enforcement of the right. This bill authorizes a victim, or the family members of a victim, to employ private legal counsel to assert the rights described in (1)-(8) above. However, the extent of participation of privately employed counsel, beyond the filing of a notice of the intention to assert such a right and acting as counsel in the assertion of those rights, will be at the discretion of the district attorney general. This bill requires the victim's legal counsel to immediately inform the district attorney general of such counsel's employment. If the district attorney general asserts a victim's right or seeks enforcement of a victim's right, and the court denies the assertion or the request for enforcement of the right, then this bill authorizes the victim or victim's attorney to file a motion to assert the victim's right or to request enforcement of the right within 10 days of the court's ruling. The motion does not need to demonstrate the grounds for a motion for reconsideration. This bill requires the court to rule on the merits of the motion, and to take up and decide any motion or request asserting or seeking enforcement of a victim's right without delay unless a specific time is specified by law or court rule. This bill also requires the reasons for any decision denying the motion or request to be clearly stated on the record. Pursuant to this bill, if the court determines that a victim's right has been violated, then the court is required to determine the appropriate remedy for the violation of the victim's right by hearing from the victim and the parties, considering all factors relevant to the issue, and then awarding appropriate relief to the victim. This bill prohibits the court vacating a conviction based on a violation of the victim's right; and requires any remedy to be tailored to provide the victim an appropriate remedy without violating any constitutional right of the defendant. This bill prohibits the appropriate remedy from being a new trial, damages, costs, or resentencing. This bill requires, prior to any hearing, an objection by the defendant to the victim's assertion of a right to be filed in writing, with specificity, with the clerk.