Tennessee

Recent / Pending Legislation

• SB 0371 (introduced 2025, enacted 2025) – Requires collection from certain convicted offenders within 30 days of sentencing to be used for DNA analysis. Requires a law enforcement agency to submit a biological specimen from an offender who dies while incarcerated and was previously convicted of a qualifying offense.
• HB 473 (2025, pending in 2026) – Arrestee collection from any felony offense.

Arrestees: Yes, from adults and minors. Not Booking Station Rapid Ready,

Qualifying Crimes: Statutorily defined violent felonies, including the following crimes: (1) First or second degree murder; (2) Aggravated kidnapping or especially aggravated kidnapping; (3) Aggravated assault; (4) Aggravated child abuse; (5) Robbery, aggravated robbery or especially aggravated robbery; (6) Aggravated burglary or especially aggravated burglary; (7) Carjacking; (8) Sexual battery, sexual battery by an authority figure or aggravated sexual battery; (9) Statutory rape by an authority figure or aggravated statutory rape; (10) Rape, aggravated rape, rape of a child or aggravated rape of a child; (11) Aggravated arson; (12) Aggravated vehicular homicide; (13) Criminally negligent homicide; (14) Reckless homicide; (15) Vehicular homicide; or (16) Voluntary manslaughter.

Time of Collection: After a probable cause hearing, and before release from custody.

Expungement: Automatic where the charge is dismissed or the person is acquitted at trial: the court clerk notifies the Tennessee Bureau of Investigation of the disposition, and the Bureau destroys the sample and all records of it — provided no other pending qualifying warrant or capias for an arrest, or felony conviction, requires the sample to remain in the data bank.

Statutes / Case Law

T.C.A. § 38–6–103, Forensic Services Division; Breathalyzers; DNA Analysis; Backlog of DNA Analysis

§ 38-6-113, DNA Analysis; Procedures; Databank

§ 4 0 – 3 5 – 3 2 1, DNA Analysis; Specimens

State v. Cannon, 254 S.W.3d 287, 301 (Tenn. 2008) (reaffirming State v. Scarborough, 201 S.W.3d 607 (Tenn. 2006), that “blood drawn under the DNA collection statute and the subsequent analysis thereof are searches entitled to protection under the Fourth Amendment of the United States Constitution and article I, section 7 of the Tennessee Constitution,” while holding such searches constitutional because they are reasonable under the totality of the circumstances).

Convicted Offenders: Yes.

Qualifying Crimes: Every convicted felon, and every registered sex offender. Persons already convicted of any felony or “applicable misdemeanor” who are in custody serving a term of imprisonment or a period of confinement in a county jail or workhouse may also be required to provide a sample before release.

Time of Collection: While incarcerated, or under the direction of a probation or parole officer. A 2025 amendment (S.B. 371, amending Title 40, Chapter 35) requires collection from certain convicted offenders within 30 days of sentencing, and requires law enforcement to obtain a specimen from an offender who dies while incarcerated after conviction of a qualifying offense.

Expungement: Unclear; expungement is automatic for arrestees whose charges are dismissed or who are acquitted at trial, but there is no reference to convicted offenders

Statutes / Case Law

T.C.A. § 38–6–103. Forensic Services Division; Breathalyzers; DNA Analysis; Backlog of DNA Analysis

T.C.A. § 38-6-113. DNA analysis; procedures; databank

T.C.A. § 40-35-321. DNA analysis; specimens

State v. Scarborough, 201 S.W.3d 607 (Tenn. 2006) (collection and maintenance of DNA samples taken from convicted and incarcerated felon pursuant to Tennessee’s DNA statute did not violate Fourth Amendment or Tennessee constitution).

State v. Cannon, 254 S. W. 3d 387 (Tenn. 2008) (defendant’s challenge to DNA collection statute presented same arguments raised and rejected in Scarborough).

Legislative History

Acts 1991, ch. 480 — 97th General Assembly The founding legislation. Created the DNA database (§1 → TCA 38-6-113), the collection mandate for sex offenders (§2 → TCA 40-35-321), and DNA admissibility in evidence (§3 → TCA 24-7-118).

Acts 1995, ch. 11 — 99th General Assembly Changed forwarding of biological specimens directly to TBI instead of through the court or jail administrator.

SB 57 (Sen. Gilbert) / HB 55 (Rep. Buck) – Acts 1995, ch. 131 — 99th General Assembly Added rape of a child and attempted child rape to the list of offenses requiring DNA collection; expanded database use to future child rape investigations.

SB 1144 (Sen. Haun) / HB 1266 (Rep. McDaniel) – Acts 1995, ch. 382 — 99th General Assembly Refined the collection procedure, distinguishing between incarcerated and non-incarcerated offenders.

SB 1776 (Sen. McNally) / HB 1788 (Rep. Davis) – Acts 1998, ch. 1028 — 100th General Assembly Major expansion: required DNA collection from all persons convicted of any felony committed on or after July 1, 1998.

SB 3098 (Sen. Clabough) / HB 2884 (Rep. Westmoreland) – Acts 2006, ch. 723 — 104th General Assembly Expanded the centralized database to include convicted felon, forensic unknown, criminal suspect, and missing person profiles; codified the “no-error” provision.

HB 2840 (Rep. Coleman) / SB 3562 (Sen. Person) – Acts 2007, ch. 77 — 105th General Assembly Expanded collection to misdemeanor sex offenders required to register after July 1, 2007.

SB 1178 (Sen. Johnson) / HB 563 (Rep. Harwell) – Acts 2007, ch. 225 — 105th General Assembly (“Johnia Berry Act of 2007”) Added collection from arrestees of violent felonies, effective January 1, 2008, upon probable cause determination; required destruction of sample on acquittal/dismissal.

SB 1196  / HB 867 – Acts 2010, ch. 964 — 106th General Assembly Required TBI to maintain a DNA database of violent juvenile sexual offenders; added aggravated rape of a child adjudications for juveniles.

HB 3196 (Rep. DeBerry) – Acts 2012, ch. 965 — 107th General Assembly Expanded the arrest-triggered collection list by adding five homicide offenses (aggravated vehicular homicide, criminally negligent homicide, reckless homicide, vehicular homicide, voluntary manslaughter).

SB 2667 – Acts 2012, ch. 996 — 107th General Assembly Required non-incarcerated sex offenders to report to probation for specimen collection; established the $37 processing fee ($22 to TBI).

HB 2854 – Acts 2023, ch. 249 — 113th General Assembly. Added quarterly TBI reporting requirements to legislative committees on forensic services staffing and analysis timelines for sexual offense evidence.

• No law found, but evidence of increasing use:
  • Tennessee is using Rapid DNA for evidence/crime scene.
  • Governor’s Budget includes funding for Rapid DNA unit – February 2026

No program or law found.

TBI has a LODNA program. Here is a LODNA form.

TBI estimates state is missing 76,000 DNA profiles of criminal offenders – FOX 17 (this may be more SAKI)

TBI estimates 76,000+ missing offender profiles; runs a “Lawfully Owed DNA Initiative” on FY2020 ($1M) and FY2024 ($1M) SAKI grants, plus recent legislative bills to expand collection to all felony arrests.

No program or law found.