Oops . I made a mistake . Yesterday , I posted about the collection of DNA samples at the time of arrest . Thanks to a Nashville Night Court Commissioner who reads the blog . I was advised that Tennessee does collect DNA samples at the time of arrest in some cases. I was not aware of the law which went into effect or had any complaints from folks that had their DNA seized.

Tennessee passed a law in 2008 that orders for the collection of a DNA sample in certain types of cases at the time of arrest. Tennessee’s DNA collection statute can be found at T.C.A. 40-35-321 . Those crimes that require a DNA sample are as follows;

(A) First or second degree murder;

 

(B) Aggravated kidnapping or especially aggravated kidnapping;

 

(C) Aggravated assault;

 

(D) Aggravated child abuse;

 

(E) Robbery, aggravated robbery or especially aggravated robbery;

 

(F) Aggravated burglary or especially aggravated burglary;

 

(G) Carjacking;

 

(H) Sexual battery, sexual battery by an authority figure or aggravated sexual battery;

 

(I) Statutory rape by an authority figure or aggravated statutory rape;

 

(J) Rape, aggravated rape, rape of a child or aggravated rape of a child;

 

(K) Aggravated arson;

 

(L) Attempt, under § 39-12-101, to commit any of the offenses enumerated in this subdivision (e)(3);

 

(M) Solicitation, under § 39-12-102, to commit any of the offenses enumerated in this subdivision (e)(3);

 

(N) Conspiracy, under § 39-12-103, to commit any of the offenses enumerated in this subdivision (e)(3);

 

(O) Criminal responsibility, under § 39-11-402(2), for any of the offenses enumerated in this subdivision (e)(3);

 

(P) Facilitating the commission, under § 39-11-403, of any of the offenses enumerated in this subdivision (e)(3);

 

(Q) Being an accessory after the fact, under § 39-11-411, to any of the offenses enumerated in this subdivision (e)(3);

 

(R) Aggravated vehicular homicide;

 

(S) Criminally negligent homicide;

 

(T) Reckless homicide;

 

(U) Vehicular homicide; or

 

(V) Voluntary manslaughter.

I would like to think my loyal reader on the heads up. Also , this is a perfect example for a lawyer to not assume they know all the law . Law is fluid and ever changing.
 

Now to find someone who wants to have the state statute unconstitutional.