Tennessee Code Annotated
Tenn. Code Ann. § 38-6-113 (2026)
DNA analysis - Procedures for collection and preservation of human biological specimens
✓ current as of May 2026
- (a) As used in this section, unless the context otherwise requires, "DNA analysis" means the process through which deoxyribonucleic acid (DNA) in a human biological specimen is analyzed and compared with DNA from another biological specimen for identification purposes.
- (b) The Tennessee bureau of investigation shall develop uniform procedures for the collection and preservation of human biological specimens for DNA analysis in cases of alleged or suspected violations of § 39-13-502, § 39-13-503, § 39-13-504, § 39-13-505, § 39-13-522 or § 39-15-302. Law enforcement agencies and medical personnel who conduct evidentiary examinations shall use the uniform procedures in their investigation of the above offenses.
- (c)
- (1) The bureau shall adopt uniform procedures to maintain, preserve and analyze human biological specimens for DNA. The bureau shall establish a centralized system to cross-reference data obtained from DNA analysis. The centralized system shall contain convicted felon profiles, forensic unknown profiles, criminal suspect profiles, violent juvenile sexual offender profiles, and missing person profiles. The detention, arrest or conviction of a person based upon a databank match or database information is not invalidated, if it is later determined that the specimens or samples were obtained or placed in the database by mistake.
- (2) For purposes of this subsection (c), "violent juvenile sexual offender" means any person adjudicated delinquent for any act that if committed by an adult would constitute a violation of § 39-13-502, § 39-13-503, § 39-13-504, § 39-13-505, § 39-13-522, § 39-13-531 or § 39-15-302.
- (d) The bureau shall perform DNA analysis and make data obtained available to law enforcement officials in connection with appropriate criminal investigations in which human biological specimens have been recovered. The bureau shall also make the data available to the district attorney general, and the subject of the data in any subsequent criminal prosecution of the subject.
- (e)
- (1) Until January 1, 2025, the bureau must provide quarterly updates on the bureau's efforts to hire and train employees within the forensic services division and the average amount of time taken to perform forensic analysis on evidence in cases involving offenses under title 39, chapter 13, part 5, to the judiciary committee of the senate and the criminal justice committee of the house of representatives.
- (2) By January 1, 2025, the bureau must submit a report to the judiciary and finance, ways and means committees of the senate and the criminal justice and finance, ways, and means committees of the house of representatives detailing any additional resources and personnel that would be required in order to perform forensic analysis on evidence in cases involving offenses under title 39, chapter 13, part 5, within sixty (60) days of the bureau's receipt of the evidence from a law enforcement agency.
Amended by 2023 Tenn. Acts, ch. 249, s 1, eff. 4/28/2023.
Acts 1991, ch. 480, § 1; 1995, ch. 131, § 1; 2006, ch. 723, § 1; 2010 , ch. 964, § 1.
Notes of Decisions
Cited in 10
cases (3 in the last 5 years), 2005–2025 · leading case: Powers v. State, 343 S.W.3d 36 (Tenn. 2011).
Powers v. State, 343 S.W.3d 36 (Tenn. 2011). “Related Statutory Provisions We must also construe the Act in light of two other statutes dealing with the subject of DNA evidence, Tennessee Code Annotated sections 38-6-113 (2010) and 40-35-321 (2010).”
State v. Scarborough, 201 S.W.3d 607 (Tenn. 2006). “The biological specimen shall be forwarded by the approved agency or entity collecting such specimen to the Tennessee bureau of investigation which shall maintain it as provided in § 38-6-113. The court shall make the providing of such a specimen a condition of probation or…”
State of Tennessee v. Kacy Dewayne Cannon, 254 S.W.3d 287 (Tenn. 2008). “The biological specimen shall be forwarded by the approved agency or entity collecting such specimen to the Tennessee bureau of investigation which shall maintain it as provided in § 38-6-113. The court shall make the providing of such a specimen a condition of probation or…”
State of Tennessee v. Mohamed Miray (Tenn. Ct. App. 2025). “The State disagrees and argues that the trial court properly applied the saving statute found at Tennessee Code Annotated section 38-6-113 to deny the motion to suppress, and even if Defendant’s DNA should have been purged from the database, the good-faith exception to the…”
State of Tennessee v. Bradley Scott (Tenn. Crim. App. 2012). “The biological specimen shall be forwarded by the approved agency or entity collecting the specimen to the Tennessee bureau of investigation, which shall maintain it as provided in § 38-6-113. The court shall make the providing of the specimen a condition of probation or…”
G'Andre Fields v. State of Tennessee (Tenn. Crim. App. 2025). “However, the failure to remove Petitioner’s DNA from the CODIS database does not invalidate his convictions in this case because Tennessee Code Annotated section 38-6-113(c)(1) contains a “savings statute” which provides: “The detention, arrest or conviction of a person based…”
State of Tennessee v. Mack T. Transou (Tenn. Crim. App. 2005). “Once collected, the specimen is then forwarded to the Tennessee Bureau of Investigation, who must maintain the specimen as provided in section 38-6-113. Tennessee Code Annotated section 38-6-113 provides: (c) The bureau shall adopt uniform procedures to maintain, preserve and…”
State of Tennessee v. Simon Dean Porter (Tenn. Crim. App. 2021). “The biological specimen shall be collected by the arresting authority in accordance with the uniform procedures established by the Tennessee bureau of investigation, pursuant to § 38-6-113 and shall be forwarded by the arresting authority to the Tennessee bureau of…”
State of Tennessee v. Harold Bernard Schaffer (Tenn. Crim. App. 2012). “See Tenn. Code Ann. §§ 38-6-113 (c) (2010); 40-35-321 (2010); State v.”
State of Tennessee v. Bruce Warren Scarborogh (Tenn. Crim. App. 2005). “The biological specimen shall be forwarded by the approved agency or entity collecting such specimen to the Tennessee bureau of investigation which shall maintain it as provided in § 38-6-113. The court shall make the providing of such a specimen a condition of probation or…”
— Tenn. Code Ann. § 38-6-113(a) — 1 case
Powers v. State, 343 S.W.3d 36 (Tenn. 2011). “Related Statutory Provisions We must also construe the Act in light of two other statutes dealing with the subject of DNA evidence, Tennessee Code Annotated sections 38-6-113 (2010) and 40-35-321 (2010).”
— Tenn. Code Ann. § 38-6-113(c) — 2 cases
State of Tennessee v. Bradley Scott (Tenn. Crim. App. 2012). “The biological specimen shall be forwarded by the approved agency or entity collecting the specimen to the Tennessee bureau of investigation, which shall maintain it as provided in § 38-6-113. The court shall make the providing of the specimen a condition of probation or…”
State of Tennessee v. Mack T. Transou (Tenn. Crim. App. 2005). “Once collected, the specimen is then forwarded to the Tennessee Bureau of Investigation, who must maintain the specimen as provided in section 38-6-113. Tennessee Code Annotated section 38-6-113 provides: (c) The bureau shall adopt uniform procedures to maintain, preserve and…”
— Tenn. Code Ann. § 38-6-113(c)(1) — 3 cases
State of Tennessee v. Mohamed Miray (Tenn. Ct. App. 2025). “The State disagrees and argues that the trial court properly applied the saving statute found at Tennessee Code Annotated section 38-6-113 to deny the motion to suppress, and even if Defendant’s DNA should have been purged from the database, the good-faith exception to the…”
State of Tennessee v. Bradley Scott (Tenn. Crim. App. 2012). “The biological specimen shall be forwarded by the approved agency or entity collecting the specimen to the Tennessee bureau of investigation, which shall maintain it as provided in § 38-6-113. The court shall make the providing of the specimen a condition of probation or…”
G'Andre Fields v. State of Tennessee (Tenn. Crim. App. 2025). “However, the failure to remove Petitioner’s DNA from the CODIS database does not invalidate his convictions in this case because Tennessee Code Annotated section 38-6-113(c)(1) contains a “savings statute” which provides: “The detention, arrest or conviction of a person based…”
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