Official Summary Text
Present law provides that when a court sentences a person convicted
of any felony offense committed on or after July 1, 1998
, or any misdemeanor offense, the conviction for which requires the defendant to register as a sexual offender pursuant to
present law
, on or after July 1, 2007,
the court
must
order the person to provide a biological specimen for the purpose of DNA analys
is.
If the person is not incarcerated at the time of sentencing, the order
must
require the person to report to the probation division of the department charged by law with the supervision of probationers, which
must
gather the specimen.
If a probation o
fficer is not available to gather the specimen, the court may designate a person to do so.
The cost of taking, processing and storing the specimen
must
be paid by the defendant and
must
be collected by the probation officer in the same manner as other fee
s.
If the person is incarcerated at the time of sentencing, the order
must
require the chief administrative officer of the institution of incarceration to designate a qualified person to gather the specimen.
This bill requires the biological
specimen
de
scribed above to
be gathered within 30 days of sentencing or, if the person's term of incarceration is less than 30 days, before completion of the person's term of incarceration.
COLLECTION OF SPECIMEN
Present law provides that if
a person convicted of
any felony offense or any applicable misdemeanor offense and committed to the custody of the commissioner of correction for a term of imprisonment or sentenced to a period of confinement in a county jail or workhouse has not provided a biological specimen
for the purpose of DNA analysis,
then
the commissioner or the chief administrative officer of a local jail may order the person to provide a biological specimen for the purpose of DNA analysis before completion of the person's term of imprisonment.
This
bill revises the above provision to require, instead of authorize, the commissioner or the chief administrative officer to order the person to provide a biological specimen for the purpose of DNA analysis within 30 days of sentencing or, if the term of in
c
arceration is less than 30 days, before the completion of the term of imprisonment.
SUBMISSION OF SPECIMEN
This bill authorizes a law enforcement
agency, including the Tennessee department of correction,
to
submit to the Tennessee bureau of investigati
on any lawfully obtained biological specimen within its control from a deceased offender who was previously convicted of a qualifying offense, regardless of the date of conviction.
If an
offender's biological specimen has not previously been submitted, th
en a law enforcement agency, including the Tennessee department of correction,
must
submit to the Tennessee bureau of investigation a biological specimen from an offender who dies while incarcerated and was previously convicted of a qualifying offense, reg
ardless of the date of conviction. The Tennessee bureau of investigation
must
maintain
such
specimen
s
as provided in
present law
.
Current Bill Text
Read the full stored bill text
SENATE BILL 371
By Rose
HOUSE BILL 341
By Gillespie
HB0341
001143
- 1 -
AN ACT to amend Tennessee Code Annotated, Title 40,
Chapter 35, Part 3, relative to collection of
biological specimens for DNA analysis.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 40-35-321(d)(1), is amended by
adding the following language immediately after the fifth sentence:
The biological specimen must be gathered within thirty (30) days of sentencing or, if the
person's term of incarceration is less than thirty (30) days, before completion of the
person's term of incarceration.
SECTION 2. Tennessee Code Annotated, Section 40-35-321(d)(2), is amended by
deleting the subdivision and substituting:
(2) If a person convicted of any felony offense or any applicable misdemeanor
offense and committed to the custody of the commissioner of correction for a term of
imprisonment or sentenced to a period of confinement in a county jail or workhouse has
not provided a biological specimen for the purpose of DNA analysis, then the
commissioner or the chief administrative officer of a local jail shall order the person to
provide a biological specimen for the purpose of DNA analysis within thirty (30) days of
sentencing or, if the person's term of incarceration is less than thirty (30) days, before
completion of the person's term of imprisonment. The approved agency or entity
collecting the biological specimen shall forward the biological specimen to the
Tennessee bureau of investigation, which shall maintain it as provided in § 38-6-113.
SECTION 3. Tennessee Code Annotated, Section 40-35-321, is amended by adding
the following new subsections:
- 2 - 001143
(f) A law enforcement agency, including the Tennessee department of
correction, may submit to the Tennessee bureau of investigation any lawfully obtained
biological specimen within its control from a deceased offender who was previously
convicted of a qualifying offense, regardless of the date of conviction. The Tennessee
bureau of investigation shall maintain the specimen as provided in § 38-6-113.
(g) If an offender's biological specimen has not previously been submitted, then
a law enforcement agency, including the Tennessee department of correction, shall
submit to the Tennessee bureau of investigation a biological specimen from an offender
who dies while incarcerated and was previously convicted of a qualifying offense,
regardless of the date of conviction. The Tennessee bureau of investigation shall
maintain the specimen as provided in § 38-6-113.
SECTION 4. This act takes effect July 1, 2025, the public welfare requiring it.