Tennessee Senate Bill SB0841

Tennessee 2025-2026 Regular Session

• Introduced: 2/4/25

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

SB0841 expands Tennessee’s DNA collection requirements for certain felony arrests beginning July 1, 2025. Under the bill, when a person is arrested for a felony offense and probable cause is later confirmed by a magistrate or grand jury, the arresting authority must collect a biological specimen using a buccal swab before the person is released from custody and forward it to the Tennessee Bureau of Investigation (TBI) for DNA analysis and retention under existing TBI procedures. The bill also requires the court clerk 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 the sample to remain in the data bank. The act takes effect July 1, 2025, and is framed as a public safety measure tied to felony arrest processing and criminal identification.

Impact

The bill would amend Tennessee Code Annotated provisions in Titles 18, 38, 39, and 40, but its operative change is in Title 40, Chapter 35, by creating a new DNA collection requirement for felony arrestees. It expands the circumstances under which biological specimens are taken, shifts responsibility to arresting authorities and courts to ensure collection and release conditions, and reinforces TBI’s role in maintaining and destroying samples based on case outcomes. The measure affects felony defendants, law enforcement agencies, courts, clerks, and the Tennessee Bureau of Investigation.

Sentiment

The available voting history indicates strong committee support, with the Senate Judiciary Committee recommending passage by a 9-0 vote and no recorded opposition. No committee transcript is available, so there is no detailed record of debate, but the unanimous vote suggests the bill was viewed favorably as a criminal justice and investigative tool. The absence of dissent in the recorded vote points to broad agreement at the committee stage.

Contention

The main policy issue is the expansion of DNA collection at the arrest stage for felony offenses, which raises questions about privacy, bodily intrusion, and the scope of state collection powers, even though the bill limits retention by requiring destruction if charges are dismissed or the defendant is acquitted. Supporters are likely to emphasize law enforcement identification and public safety benefits, while any concerns would center on due process, data retention, and the treatment of individuals who are arrested but not convicted. No specific objections are recorded in the provided materials.