Tennessee § 38-6-113 - DNA analysis — Procedures for collection and preservation of human biological specimens.

§ 38-6-113. DNA analysis — Procedures for collection and preservation of human biological specimens.

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. 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. 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. 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. 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. Acts 1991, ch. 480, § 1; 1995, ch. 131, § 1; 2006, ch. 723, § 1; 2010, ch. 964, § 1. Cross-References. Biological specimens for DNA analysis, persons convicted of certain offenses, § 40-35-321 . DNA analysis, admissibility in evidence, § 24-7-118 . Post-conviction DNA Analysis Act of 2001, title 40, ch. 30, part 3. Collateral References. Validity, construction, and operation of state DNA database statutes. 76 A.L.R.5th 239.