TN
Tennessee Senate Bill SB0371

Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB0371 Compare Versions

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18-J etUte&See Senate
19-PUBLIC CHAPTER NO. 63
20-SENATE BILL NO. 371
1+
2+HOUSE BILL 341
3+ By Gillespie
4+
5+SENATE BILL 371
216 By Rose
22-Substituted for: House Bill No. 341
23-By Gillespie, Todd, Sherrell, Towns, Hardaway, Davis
24-AN ACT to amend Tennessee Code Annotated, Title 40, Chapter 35, Part 3, relative to collection of
7+
8+
9+SB0371
10+001143
11+- 1 -
12+
13+AN ACT to amend Tennessee Code Annotated, Title 40,
14+Chapter 35, Part 3, relative to collection of
2515 biological specimens for DNA analysis.
16+
2617 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
27-SECTION 1. Tennessee Code Annotated, Section 40-35-321 (d)(1 ), is amended by adding
28-the following language immediately after the fifth sentence:
18+ SECTION 1. Tennessee Code Annotated, Section 40-35-321(d)(1), is amended by
19+adding the following language immediately after the fifth sentence:
2920 The biological specimen must be gathered within thirty (30) days of sentencing or, if the
30-person's term of incarceration is less than thirty (30) days, before completion of the person's
31-term of incarceration.
32-SECTION 2. Tennessee Code Annotated, Section 40-35-321 (d)(2), is amended by deleting
33-the subdivision and substituting:
34-(2) If a person convicted • of any felony offense or any applicable misdemeanor
21+person's term of incarceration is less than thirty (30) days, before completion of the
22+person's term of incarceration.
23+ SECTION 2. Tennessee Code Annotated, Section 40-35-321(d)(2), is amended by
24+deleting the subdivision and substituting:
25+(2) If a person convicted of any felony offense or any applicable misdemeanor
3526 offense and committed to the custody of the commissioner of correction for a term of
36-imprisonment or sentenced to a period of confinement in a county jail or workhouse has not
37-provided a biological specimen for the purpose of DNA analysis, then the commissioner or
38-the chief administrative officer of a local jail shall order the person to provide a biological
39-specimen for the purpose of DNA analysis within thirty (30) days of sentencing or, if the
40-person's term of incarceration is less than thirty (30) days, before completion of the person's
41-term of imprisonment. The approved agency or entity collecting the biological specimen shall
42-forward the biological specimen to the Tennessee bureau of investigation, which shall
43-maintain it as provided in § 38-6-113.
44-SECTION 3. Tennessee Code Annotated, Section 40-35-321, is amended by adding the
45-following new subsections:
46-(f) A law enforcement agency, including the Tennessee department of correction,
47-may submit to the Tennessee bureau of investigation any lawfully obtained biological
48-specimen within its control from a deceased offender who was previously convicted of a
49-qualifying offense, regardless of the date of conviction. The Tennessee bureau of
50-investigation shall maintain the specimen as provided in § 38-6-113.
51-(g) If an offender's biological specimen has not previously been submitted, then a law
52-enforcement agency, including the Tennessee department of correction, shall submit to the
53-Tennessee bureau of investigation a biological specimen from an offender who dies while
54-incarcerated and was previously convicted of a qualifying offense, regardless of the date of
55-conviction. The Tennessee bureau of investigation shall maintain the specimen as provided
56-in§ 38-6-113.
57-SECTION 4. This act takes effect July 1, 2025, the public welfare requiring it. PASSED:
58-SENATE BILL NO. 371
59-March 13, 2025
60--. ~ fr • ...__
61---~
62-RANDY McN,
63-SPEAKER OF THE sf='i A1
64-c::::
65-CAMEROR""SEXTON, SPEAKER
66-HOUSE OF REPRESENTATIVES
67-APPROVED this ;JS-'oJ,. day of (V\,::urc L 2025
68-, __ : t.u___
69-BILL LEE, GOVERNOR
27+imprisonment or sentenced to a period of confinement in a county jail or workhouse has
28+not provided a biological specimen for the purpose of DNA analysis, then the
29+commissioner or the chief administrative officer of a local jail shall order the person to
30+provide a biological specimen for the purpose of DNA analysis within thirty (30) days of
31+sentencing or, if the person's term of incarceration is less than thirty (30) days, before
32+completion of the person's term of imprisonment. The approved agency or entity
33+collecting the biological specimen shall forward the biological specimen to the
34+Tennessee bureau of investigation, which shall maintain it as provided in § 38-6-113.
35+ SECTION 3. Tennessee Code Annotated, Section 40-35-321, is amended by adding
36+the following new subsections:
37+
38+
39+ - 2 - 001143
40+
41+ (f) A law enforcement agency, including the Tennessee department of
42+correction, may submit to the Tennessee bureau of investigation any lawfully obtained
43+biological specimen within its control from a deceased offender who was previously
44+convicted of a qualifying offense, regardless of the date of conviction. The Tennessee
45+bureau of investigation shall maintain the specimen as provided in § 38-6-113.
46+ (g) If an offender's biological specimen has not previously been submitted, then
47+a law enforcement agency, including the Tennessee department of correction, shall
48+submit to the Tennessee bureau of investigation a biological specimen from an offender
49+who dies while incarcerated and was previously convicted of a qualifying offense,
50+regardless of the date of conviction. The Tennessee bureau of investigation shall
51+maintain the specimen as provided in § 38-6-113.
52+ SECTION 4. This act takes effect July 1, 2025, the public welfare requiring it.