Public Chapter 289

SENATE BILL NO. 1369

By Rochelle

Substituted for: House Bill No. 757

By Jackson, Kent, Ralph Cole, Hargett, Haley, Pleasant, Beavers, Brooks, Ford, Patton, McDaniel, Roach, McMillan, Williams

AN ACT To amend Tennessee Code Annotated, Title 40, Chapter 28, relative to sexual offenders and the compact for out-of-state parole and probation supervision.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

SECTION 1. Tennessee Code Annotated, Title 40, Chapter 28, Part 4, is amended by adding the following new section:

Section___.

(a) No application for the transfer of parole or probation supervision to this state of any probationer or parolee who was convicted of an offense that would constitute a violation of Tennessee Code Annotated, Sections 39-13-502, 39-13-503, 39-13-504, 39-13-505, 39-13-522, or 39-15-302 if committed in this state shall be approved unless the probationer or parolee provides or agrees to provide a biological specimen for the purpose of DNA analysis as defined in subsection (c).

(b) The biological specimen shall be gathered in a manner and by an agency or entity acceptable to the parole board or probation department of this state and the applying probationer or parolee shall be responsible for the cost of gathering such specimen. 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.

(c) As used in this section "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.

SECTION 2. This act shall take effect upon becoming a law, the public welfare requiring it.