Tennessee House Bill HB0473

Tennessee 2025-2026 Regular Session

• Introduced: 1/28/25
• Refer: 2/5/25
• Refer: 3/5/25
• Refer: 3/12/25

Caption

AN ACT to amend Tennessee Code Annotated, Title 18; Title 38, Chapter 6; Title 39 and Title 40, Chapter 35, relative to the collection of DNA samples.

Summary

HB0473 expands Tennessee’s DNA collection requirements for certain felony arrests. For arrests for felony offenses occurring on or after July 1, 2025, the bill requires the arresting authority to collect a biological specimen, using a buccal swab, after probable cause has been determined by a magistrate or grand jury and before the person is released from custody. The sample must be forwarded to the Tennessee Bureau of Investigation (TBI) for DNA analysis and maintained under existing TBI procedures. The court or magistrate must also make submission of the specimen a condition of release on bond or recognizance if release is granted. The bill also requires the clerk of the court to notify the TBI when the criminal case is finally resolved. If the charge is dismissed or the defendant is acquitted, the TBI must destroy the sample and related records unless another qualifying warrant, capias, or felony conviction requires retention in the databank. The act takes effect July 1, 2025, and applies prospectively to felony arrests occurring on or after that date.

Impact

The bill amends Tennessee Code Annotated, primarily affecting Title 40, Chapter 35, and also references Title 38, Chapter 6 procedures for DNA sample collection and maintenance. It broadens the circumstances under which DNA may be collected from arrested individuals by shifting collection earlier in the criminal process for qualifying felony arrests, and it imposes new duties on arresting authorities, courts, clerks, and the TBI. The measure also creates a destruction requirement for samples tied to dismissed or acquitted cases, with exceptions for other qualifying legal bases to retain the sample.

Sentiment

The available voting history suggests the bill received generally favorable but not unanimous support in committee. It passed the House Criminal Justice Subcommittee 7-1 and the House Judiciary Committee 18-3, indicating broad agreement on the policy direction while still drawing some opposition. No committee transcripts were provided, so the record shows support for advancing the bill but also some concern among a minority of members.

Contention

The main points of contention are likely the expansion of DNA collection to the arrest stage for felony offenses and the privacy, due process, and civil liberties implications of collecting biological specimens before conviction. Supporters appear to favor the measure as a law-enforcement and identification tool, while opponents likely object to mandatory collection from arrestees who have not been convicted and to the administrative burden placed on courts, clerks, and the TBI. The destruction provision for dismissed or acquitted cases appears designed to address some of those concerns, but the bill still requires collection based on probable cause rather than conviction.