Section 8-10-109 - Common law power reserved in certain counties(a) Every constable, so elected and sworn, in those counties set out in § 8-10-108(b), including counties added to § 8-10-108(b) at any time subsequent to 1969, is a conservator of the peace and vested with all the power and authority belonging to the office of constable by common law.(b)(1)(A) Notwithstanding any other law to the contrary, a county legislative body may, by adopting a resolution by a two-thirds (2/3) vote at two (2) consecutive meetings of the county legislative body, remove any law enforcement powers exercised by the constables of the county.(B) Except as provided in subdivision (b)(1)(C), any such action by the county legislative body to remove such law enforcement powers shall apply to constables elected for terms of office following the expiration of the term of office of constables in office at the time such action is taken by the county legislative body.(C) If during a constable's term of office, a constable is convicted of any felony or is removed from office under § 8-47-101 for knowingly or willfully committing misconduct in office, then with respect to such constable, the action of the county legislative body for removal of law enforcement powers shall become effective on the date such constable is removed from office or the date of the felony conviction; provided, however, that if the felony conviction is overturned and there is additional time remaining on the term of office for which the constable was elected, the law enforcement powers shall be restored to such constable until the end of such term of office.(2) This subsection (b) does not apply in counties having a population of: not less than | nor more than |
13,625........................ | 13,675 |
30,500........................ | 30,800 |
31,200........................ | 31,300 |
67,600........................ | 67,900 |
73,500........................ | 73,900 |
85,800........................ | 86,100 |
according to the 1990 federal census or any subsequent federal census.
Code 1858, § 390 (deriv. Acts 1741, ch. 5, § 3); Shan., § 481; Code 1932, § 728; Acts 1969, ch. 160, § 2; 1969, ch. 319, §§ 1, 4; 1973, ch. 382, § 2; T.C.A. (orig. ed.), § 8-1009; Acts 1997 , ch. 344, §§ 5 - 7, 9, 10; 2009 , ch. 230, § 2; 2009 , ch. 515, § 2; 2011 , ch. 481, § 2.