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 analysis. 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 officer 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 fees. 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 described 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 incarceration 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 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. If an offender's biological specimen has not previously been submitted, then 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, regardless of the date of conviction. The Tennessee bureau of investigation must maintain such specimens as provided in present law.

Statutes affected:
Introduced: 40-35-321(d)(1), 40-35-321, 40-35-321(d)(2)