New Bill Would Require DNA Collection for All Felony Arrests

 Posted on March 10, 2025 in Criminal Defense

A recent bill introduced by a state representative (HB 473) would require law enforcement officers to collect DNA samples from anyone in the state arrested for a felony criminal offense. The new bill details procedures for collecting DNA samples and the management of those samples by law enforcement.

If the bill passes, anyone arrested for a felony offense in the state would be required to submit a DNA sample before being released. The DNA samples would be sent to the Tennessee Bureau of Investigation for analysis, where they would be "safely stored" and could potentially be used in future criminal investigations.

The idea behind the bill is that DNA samples could help solve cold cases as well as prevent individuals from committing additional crimes. The representative who introduced the bill specifically mentioned a sexual assault and murder from 1997 of a mother and her son. While DNA was collected at the crime scene, the technology for analysis was not readily available.

Thirty years later, the Sullivan County Sheriff’s Office re-examined the case and the DNA, which resulted in a conviction for the rape and murder. The bill does stipulate that if the defendant who is required to submit DNA has his or her charges dismissed or is acquitted, providing there are no other charges or warrants pending, the TBI will destroy the DNA samples.  

Currently, 27 other states collect DNA samples when an individual is arrested on felony charges. If the bill passes, it is expected to cost the state about $3 million annually. Since it is expected that this enhanced level of DNA testing would increase the number of prisoners across the state, that would be an additional cost to the state.

There are potential issues related to the right to privacy regarding the forced submission of DNA, but so far, the Supreme Court has upheld DNA testing for felony arrests. If you have been charged with a serious crime, you need a strong, experienced Anderson County, TN criminal defense attorney.   

Is Forced DNA Testing Allowed Under the Constitution?

In Maryland v. King 569 U.S. (2013), the United States Supreme Court ruled that an individual’s 4th Amendment rights were not violated when a DNA sample is required upon a felony arrest. The court found that requiring a DNA sample is a "reasonable and legitimate" booking procedure, in the same way that photographing a suspect and taking his or her fingerprints is. CODIS, the national database, contains a digitized representation of only 20 markers out of more than 3 billion in the human genome.

These 20 markers contain no genetic information related to diseases or physical characteristics. Since the database does not identify socio-economic status or race, there is no information contained in CODIS that could be used for purposes of discrimination. The theory of law enforcement is that DNA databases are one of the most effective tools used to fight crimes.

Can Genealogy Databases Be Used to Solve Crimes?

Many people feel there is little reason to oppose forced DNA submission for those accused of a criminal offense since so many people have willingly submitted their DNA to genealogy databases. Each genealogy site has its own rules regarding cooperation with law enforcement. For example, the largest genealogy site, Ancestry, states that it does not voluntarily cooperate with law enforcement.

Ancestry releases basic subscriber information only in response to a valid trial, grand jury, or administrative subpoena. Any data related to the DNA of an Ancestry user will be released only pursuant to a valid search warrant from a government agency. In the case of an exigent emergency involving the danger of serious physical injury or death to a person that Ancestry may have the information necessary to prevent, an emergency disclosure request can be submitted.  

Contact a Union County, TN Criminal Defense Lawyer

If you have been charged with a criminal offense in Tennessee, you need a highly skilled Blount County, TN criminal defense attorney from Jeffrey Coller, Knoxville Criminal Defense Attorney to build a solid defense on your behalf and to ensure your DNA sample is destroyed in the event you are acquitted or your charges dismissed. Call 865-281-1000 to schedule your free consultation.