| 4 | 3 | | |
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| 5 | 4 | | HOUSE BILL 473 |
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| 6 | 5 | | By Crawford |
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| 7 | 6 | | |
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| 8 | 7 | | |
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| 9 | 8 | | HB0473 |
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| 10 | 9 | | 001176 |
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| 11 | 10 | | - 1 - |
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| 12 | 11 | | |
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| 13 | 12 | | AN ACT to amend Tennessee Code Annotated, Title 18; |
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| 14 | 13 | | Title 38, Chapter 6; Title 39 and Title 40, Chapter |
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| 15 | 14 | | 35, relative to the collection of DNA samples. |
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| 16 | 15 | | |
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| 17 | 16 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: |
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| 18 | 17 | | SECTION 1. Tennessee Code Annotated, Section 40-35-321, is amended by adding |
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| 19 | 18 | | the following as a new subsection: |
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| 20 | 19 | | (f) |
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| 21 | 20 | | (1) If a person is arrested for a felony offense occurring on or after July 1, |
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| 22 | 21 | | 2025, then the person shall have a biological specimen taken for the purpose of |
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| 23 | 22 | | DNA analysis to determine identification characteristics specific to the person. |
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| 24 | 23 | | After a determination by a magistrate or a grand jury that probable cause exists |
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| 25 | 24 | | for the arrest, but prior to the person's release from custody, the arresting |
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| 26 | 25 | | authority shall take the sample using a buccal swab collection kit for DNA testing |
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| 27 | 26 | | and forward the sample to the Tennessee bureau of investigation. The arresting |
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| 28 | 27 | | authority shall collect the biological specimen in accordance with the uniform |
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| 29 | 28 | | procedures established by the Tennessee bureau of investigation pursuant to § |
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| 30 | 29 | | 38-6-113. The Tennessee bureau of investigation must maintain the sample as |
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| 31 | 30 | | provided in § 38-6-113. The court or magistrate shall make the provision of the |
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| 32 | 31 | | specimen a condition of the person's release on bond or recognizance if bond or |
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| 33 | 32 | | recognizance is granted. |
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| 34 | 33 | | (2) The clerk of the court in which the charges against a person |
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| 35 | 34 | | described in subdivision (f)(1) are disposed of shall notify the Tennessee bureau |
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| 36 | 35 | | of investigation of final disposition of the criminal proceedings. If the charge for |
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| 37 | 36 | | |
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| 38 | 37 | | |
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| 39 | 38 | | - 2 - 001176 |
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| 40 | 39 | | |
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| 41 | 40 | | which the sample was taken is dismissed or the defendant is acquitted at trial, |
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| 42 | 41 | | then the bureau shall destroy the sample and all records of the sample; provided, |
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| 43 | 42 | | that there is no other pending qualifying warrant or capias for an arrest or felony |
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| 44 | 43 | | conviction that would otherwise require that the sample remain in the data bank. |
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| 45 | 44 | | SECTION 2. This act takes effect July 1, 2025, the public welfare requiring it. |
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