SB0841 • 2026

Criminal Procedure

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.

Crime

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor: Walley, Crawford
Last action: 2026-04-14
Official status: Placed on Senate Finance, Ways, and Means Committee calendar for 4/21/2026
Effective date: Not listed

Plain English Breakdown

Checked against official source text during the last sync.

DNA Collection for Felony Arrests

This bill requires people arrested for felonies after July 1, 2025 to provide a DNA sample before being released from custody.

What This Bill Does

Requires someone arrested for a felony on or after July 1, 2025, to give a biological specimen for DNA analysis.
The arresting authority must take the DNA sample using a buccal swab and send it to the Tennessee Bureau of Investigation (TBI).
The TBI must keep the DNA samples according to existing laws.
If charges are dropped or the person is found not guilty, the TBI must destroy the DNA sample and related records.

Who It Names or Affects

People arrested for felonies on or after July 1, 2025
Arresting authorities who take DNA samples
The Tennessee Bureau of Investigation (TBI)

Terms To Know

DNA sample: A biological specimen taken from a person to identify them using their unique genetic information.
Buccal swab: A cotton swab used to collect cells from the inside of someone's cheek for DNA testing.

Limits and Unknowns

The bill does not specify how much it will cost or if more people might be incarcerated because of this law.
It is unclear when and by how much state or local spending could increase due to this requirement.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HA0072

Amendment 1-0 to HB0473

Plain English: The amendment adds a new requirement for collecting DNA samples from people arrested for felonies after July 1, 2025.

People arrested for felony offenses on or after July 1, 2025, must provide a DNA sample before being released from custody.
The Tennessee Bureau of Investigation will keep the DNA samples and destroy them if the charges are dismissed or the person is acquitted, unless there are other pending felonies.

The amendment does not specify what happens to DNA samples collected before July 1, 2025.
It's unclear how this will affect existing procedures for collecting and storing DNA samples in Tennessee.

SA0145

Amendment 1-0 to SB0841

Plain English: The amendment adds a new requirement for collecting DNA samples from people arrested for felonies after July 1, 2025.

People arrested for felony offenses on or after July 1, 2025, must provide a DNA sample before being released from custody.
The Tennessee Bureau of Investigation will keep the DNA samples and destroy them if the charges are dismissed or the person is acquitted, unless there are other pending felonies.

The amendment does not specify what happens to DNA samples collected before July 1, 2025.
It's unclear how this will affect people who have already provided a DNA sample under different circumstances.

Bill History

2026-04-14 Tennessee General Assembly
Placed on Senate Finance, Ways, and Means Committee calendar for 4/21/2026
2026-04-08 Tennessee General Assembly
Placed on s/c cal Finance, Ways, and Means Subcommittee for 4/14/2026
2026-04-08 Tennessee General Assembly
Action Def. in s/c Finance, Ways, and Means Subcommittee to the Final Calendar No. 2
2026-04-06 Tennessee General Assembly
Sponsor(s) Added.
2026-04-01 Tennessee General Assembly
Placed on s/c cal Finance, Ways, and Means Subcommittee for 4/8/2026
2025-04-17 Tennessee General Assembly
Placed on Senate Finance, Ways, and Means Committee calendar for 4/21/2025
2025-04-14 Tennessee General Assembly
Placed on Senate Finance, Ways, and Means Committee calendar for 4/15/2025
2025-04-14 Tennessee General Assembly
Rule #83(8) Suspended, to be heard in Senate Finance, Ways & Means Committee on 4/15/2025
2025-04-09 Tennessee General Assembly
Placed on s/c cal Finance, Ways, and Means Subcommittee for 4/14/2025
2025-03-19 Tennessee General Assembly
Placed behind the budget
2025-03-18 Tennessee General Assembly
Recommended for passage with amendment/s, refer to Senate Finance, Ways, and Means Committee Ayes 9, Nays 0 PNV 0
2025-03-17 Tennessee General Assembly
Placed on Senate Judiciary Committee calendar for 3/18/2025
2025-03-13 Tennessee General Assembly
Sponsor(s) Added.
2025-03-12 Tennessee General Assembly
Placed on Senate Judiciary Committee calendar for 3/18/2025
2025-03-12 Tennessee General Assembly
Placed on s/c cal Finance, Ways, and Means Subcommittee for 3/19/2025
2025-03-12 Tennessee General Assembly
Assigned to s/c Finance, Ways, and Means Subcommittee
2025-03-12 Tennessee General Assembly
Rec. for pass. if am., ref. to Finance, Ways, and Means Committee
2025-03-05 Tennessee General Assembly
Sponsor(s) Added.
2025-03-05 Tennessee General Assembly
Placed on cal. Judiciary Committee for 3/12/2025
2025-03-05 Tennessee General Assembly
Rec. for pass by s/c ref. to Judiciary Committee
2025-02-26 Tennessee General Assembly
Placed on s/c cal Criminal Justice Subcommittee for 3/5/2025
2025-02-19 Tennessee General Assembly
Sponsor(s) Added.
2025-02-12 Tennessee General Assembly
Passed on Second Consideration, refer to Senate Judiciary Committee
2025-02-10 Tennessee General Assembly
Introduced, Passed on First Consideration
2025-02-05 Tennessee General Assembly
Assigned to s/c Criminal Justice Subcommittee
2025-02-05 Tennessee General Assembly
P2C, ref. to Judiciary Committee
2025-02-04 Tennessee General Assembly
Filed for introduction
2025-02-03 Tennessee General Assembly
Intro., P1C.
2025-01-28 Tennessee General Assembly
Filed for introduction

Official Summary Text

When a court sentences a person convicted of violating or attempting to violate ce
rtain offenses, present law requires the court to order the person to provide a biological specimen for the purpose of DNA analysis.

This bill adds that, if a
person is arrested for a felony offense occurring on or after July 1, 2025, then the person
mu
st
have
such
a biological specimen taken for the purpose of DNA analysis to determine identification characteristics specific to the person. After a determination by a magistrate or a grand jury that probable cause exists for the arrest, but prior to the
person's release from custody, the arresting authority
must
take the sample using a buccal swab collection kit for DNA testing and forward the sample to the Tennessee bureau of investigation
(TBI)
. The arresting authority
must
collect the biological speci
men in accordance with uniform procedures established by the
TBI
. The
TBI
must maintain the sample as provided in
present law
. The court or magistrate
must
make the provision of the specimen a condition of the person's release on bond or recognizance if
bond or recognizance is granted.

This bill requires the clerk of the court
in which the charges against
such
a person are disposed of
to
notify the T
BI
of final disposition of the criminal proceedings. If the charge for which the sample was taken is dis
missed or the defendant is acquitted at trial, then the
TBI

must
destroy the sample and all records of the sample
as long as
there is no other pending qualifying warrant or capias for an arrest or felony conviction that would otherwise require that the sam
ple remain in the data bank.

Current Bill Text

Read the full stored bill text

HOUSE BILL 473
By Crawford

SENATE BILL 841
By Walley

SB0841
001176
- 1 -

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.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 40-35-321, is amended by adding
the following as a new subsection:
(f)
(1) If a person is arrested for a felony offense occurring on or after July 1,
2025, then the person shall have a biological specimen taken for the purpose of
DNA analysis to determine identification characteristics specific to the person.
After a determination by a magistrate or a grand jury that probable cause exists
for the arrest, but prior to the person's release from custody, the arresting
authority shall take the sample using a buccal swab collection kit for DNA testing
and forward the sample to the Tennessee bureau of investigation. The arresting
authority shall collect the biological specimen in accordance with the uniform
procedures established by the Tennessee bureau of investigation pursuant to §
38-6-113. The Tennessee bureau of investigation must maintain the sample as
provided in § 38-6-113. The court or magistrate shall make the provision of the
specimen a condition of the person's release on bond or recognizance if bond or
recognizance is granted.
(2) The clerk of the court in which the charges against a person
described in subdivision (f)(1) are disposed of shall notify the Tennessee bureau
of investigation of final disposition of the criminal proceedings. If the charge for

- 2 - 001176

which the sample was taken is dismissed or the defendant is acquitted at trial,
then the bureau shall destroy the sample and all records of the sample; provided,
that there is no other pending qualifying warrant or capias for an arrest or felony
conviction that would otherwise require that the sample remain in the data bank.
SECTION 2. This act takes effect July 1, 2025, the public welfare requiring it.