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J etUte&See Senate
PUBLIC CHAPTER NO. 63
SENATE BILL NO. 371
By Rose
Substituted for: House Bill No. 341
By Gillespie, Todd, Sherrell, Towns, Hardaway, Davis
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:
(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. PASSED:
SENATE BILL NO. 371
March 13, 2025
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RANDY McN,
SPEAKER OF THE sf='i A1
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CAMEROR""SEXTON, SPEAKER
HOUSE OF REPRESENTATIVES
APPROVED this ;JS-'oJ,. day of (V\,::urc L 2025
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BILL LEE, GOVERNOR