# Tenn. Code Ann. § 38-8-105: Minimum standards binding on governmental entities - Penalty for violation

> Tennessee · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_TN_T38_C8_S38-8-105

## Section

- **Citation:** Tenn. Code Ann. § 38-8-105
- **Heading:** Minimum standards binding on governmental entities - Penalty for violation
- **Jurisdiction:** Tennessee
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** TN Code / Title 38 / Chapter 8 / Section 38-8-105

## Text

(a) Requirements for minimum standards as set forth in this part or as required by the commission shall be mandatory and binding upon any municipality, county or political subdivision of this state. (b) Any person who appoints any applicant, who, to the knowledge of the appointer, fails to meet the minimum standards as set forth in this part or required by the commission, and any person who signs the warrant or check for the payment of the salary of any person who, to the knowledge of the signer, fails to meet the qualifications as a police officer as provided in this part or required by the commission, commits a Class A misdemeanor, and upon conviction shall be subject to a fine not exceeding one thousand dollars ($1,000). (c) This section shall not apply to any police officer hired by any municipality, county, or political subdivision of this state prior to July 1, 1982. (d) Notwithstanding any citizenship requirement in a private act or charter provision to the contrary, a municipality, county, political subdivision of this state, or state law enforcement agency is authorized to employ a police officer who is a permanent legal resident of the United States; provided, that the police officer applies for or obtains United States citizenship within six (6) years of the employment start date with the law enforcement agency. Amended by 2022 Tenn. Acts, ch. 847, s 1, eff. 4/20/2022. Amended by 2015 Tenn. Acts, ch. 498, s 1, eff. 5/20/2015. Acts 1981, ch. 455, § 5; 1982, ch. 747, §§ 1, 2; 1989, ch. 591, §§ 1, 6; T.C.A., § 38-11-105.
(a) Requirements for minimum standards as set forth in this part or as required by the commission shall be mandatory and binding upon any municipality, county or political subdivision of this state.
(b) Any person who appoints any applicant, who, to the knowledge of the appointer, fails to meet the minimum standards as set forth in this part or required by the commission, and any person who signs the warrant or check for the payment of the salary of any person who, to the knowledge of the signer, fails to meet the qualifications as a police officer as provided in this part or required by the commission, commits a Class A misdemeanor, and upon conviction shall be subject to a fine not exceeding one thousand dollars ($1,000).
(c) This section shall not apply to any police officer hired by any municipality, county, or political subdivision of this state prior to July 1, 1982.
(d) Notwithstanding any citizenship requirement in a private act or charter provision to the contrary, a municipality, county, political subdivision of this state, or state law enforcement agency is authorized to employ a police officer who is a permanent legal resident of the United States; provided, that the police officer applies for or obtains United States citizenship within six (6) years of the employment start date with the law enforcement agency.
Amended by 2022 Tenn. Acts, ch. 847, s 1, eff. 4/20/2022.
Amended by 2015 Tenn. Acts, ch. 498, s 1, eff. 5/20/2015.
Acts 1981, ch. 455, § 5; 1982, ch. 747, §§ 1, 2; 1989, ch. 591, §§ 1, 6; T.C.A., § 38-11-105.

## Nearby sections

- [Tenn. Code Ann. § 38-8-101 Part definitions](https://www.frixlaw.com/law-library/statutes/STATE_TN_T38_C8_S38-8-101.md)
- [Tenn. Code Ann. § 38-8-102 Tennessee peace officer standards and training commission - Creation and composition](https://www.frixlaw.com/law-library/statutes/STATE_TN_T38_C8_S38-8-102.md)
- [Tenn. Code Ann. § 38-8-103 Director - Staff - Expenses of members](https://www.frixlaw.com/law-library/statutes/STATE_TN_T38_C8_S38-8-103.md)
- [Tenn. Code Ann. § 38-8-104 Powers and duties of commission](https://www.frixlaw.com/law-library/statutes/STATE_TN_T38_C8_S38-8-104.md)
- [Tenn. Code Ann. § 38-8-105 Minimum standards binding on governmental entities - Penalty for violation](https://www.frixlaw.com/law-library/statutes/STATE_TN_T38_C8_S38-8-105.md)
- [Tenn. Code Ann. § 38-8-106 Qualifications of police officers](https://www.frixlaw.com/law-library/statutes/STATE_TN_T38_C8_S38-8-106.md)
- [Tenn. Code Ann. § 38-8-107 Certification of officers - In-service training by employing agency - Decertification check](https://www.frixlaw.com/law-library/statutes/STATE_TN_T38_C8_S38-8-107.md)
- [Tenn. Code Ann. § 38-8-108 Donations of property or money to commission](https://www.frixlaw.com/law-library/statutes/STATE_TN_T38_C8_S38-8-108.md)
- [Tenn. Code Ann. § 38-8-109 Stricter qualifications and standards by employing agency](https://www.frixlaw.com/law-library/statutes/STATE_TN_T38_C8_S38-8-109.md)
- [Tenn. Code Ann. § 38-8-110 Application of chapter](https://www.frixlaw.com/law-library/statutes/STATE_TN_T38_C8_S38-8-110.md)
- [Tenn. Code Ann. § 38-8-111 In-service training - Cash supplements](https://www.frixlaw.com/law-library/statutes/STATE_TN_T38_C8_S38-8-111.md)
- [Tenn. Code Ann. § 38-8-112 Courses on use of citations in lieu of arrest - Domestic violence training - Procedures to respond to persons with mental illness](https://www.frixlaw.com/law-library/statutes/STATE_TN_T38_C8_S38-8-112.md)
- [Tenn. Code Ann. § 38-8-113 Choke holding training](https://www.frixlaw.com/law-library/statutes/STATE_TN_T38_C8_S38-8-113.md)
- [Tenn. Code Ann. § 38-8-114 Community policing pilot programs](https://www.frixlaw.com/law-library/statutes/STATE_TN_T38_C8_S38-8-114.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_TN_T38_C8_S38-8-105. Check the current official text before relying on it. Not legal advice.