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SB 841

Criminal Procedure - As introduced, requires a person arrested for a felony offense to have a biological specimen taken by the arresting authority for the purpose of DNA analysis to determine identification characteristics specific to the person. - Amends TCA Title 18; Title 38, Chapter 6; Title 39 and Title 40, Chapter 35.

114th Regular Session (2025-2026) Introduced by Page Walley

Requires DNA collection from all felony arrestees for identification purposes, expanding state DNA database at arrest rather than conviction stage.

Placed on Senate Finance, Ways, and Means Committee calendar for 4/20/2026
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Bill Summary · SB 841

Legislative bill overview

SB 841 requires law enforcement to collect DNA samples from all individuals arrested for felony offenses for identification purposes. The bill modifies Tennessee criminal procedure statutes across multiple titles to establish this mandatory DNA collection protocol upon arrest rather than conviction.

Why is this important

DNA databases are increasingly used in criminal investigations to identify suspects and exonerate the innocent. However, this bill creates a significant expansion of state DNA collection by applying it at the arrest stage—before guilt is determined—raising questions about how long samples are retained and who can access them. The financial and privacy implications affect both government operations and individual rights.

Potential points of contention

  • Fourth Amendment concerns: Mandatory DNA collection from arrested individuals (not yet convicted) may face constitutional challenges regarding unreasonable search and seizure, particularly if samples are retained after acquittal or charges are dropped
  • Data retention and privacy: The bill doesn't specify how long DNA profiles are kept, who can access them, or whether samples from people never convicted are permanently stored, creating long-term privacy implications
  • Racial equity implications: DNA collection requirements at arrest disproportionately affect minority communities, as they are arrested at higher rates, potentially embedding disparities into the database
  • Implementation costs: Collecting, processing, and maintaining DNA samples for all felony arrestees requires significant laboratory infrastructure and funding

Compiled from official sources — confirm details with the bill’s official record.

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