Tennessee
Tennessee has no forensic science commission and no analyst license; the TBI runs the state lab. Since 2023 it has required the TBI to report on DUI arrests where no alcohol or other intoxicant was detected in the person's blood or breath, set a 30-day deadline to collect DNA after sentencing, and opened coram nobis relief on new evidence to people convicted by plea, but only on claims the district attorney joins. The legislative record suggests Tennessee has not adopted the 2023 change to Federal Rule 702, though the rule text could not be checked.
- Sources checked
- Part of
- Forensic Ledger
At a glance
- Oversight body
- None. No forensic science commission or lab oversight board appears in the 2023 to 2026 public chapters. The TBI forensic services division is the operating state lab. The TBI’s sunset date was extended to June 30, 2029 (Pub. Ch. 240, 2025), as was the medical examiner advisory council’s (Pub. Ch. 36, 2025). The post-conviction defender oversight commission, extended to June 30, 2032 by Pub. Ch. 587, oversees capital post-conviction defense, not labs.
- Lab accreditation
- No general mandate found. The Post-Conviction DNA Analysis Act, as enacted in 2001, says that if the court orders analysis, “it shall select a laboratory that meets the standards adopted pursuant to the DNA Identification Act of 1994,” the federal DNA quality assurance standards (TCA 40-30-310, 2001 Pub. Ch. 444). The current text of that section could not be checked from official sources on October 19, 2026. Court-ordered fingerprint analysis goes to “the laboratory used by the original investigating agency if the laboratory is capable,” or otherwise to a lab the court deems appropriate, with no accreditation condition (TCA 40-30-410, Pub. Ch. 355, 2021).
- Analyst licensing
- None found. No licensing or certification statute for forensic analysts appears in the 2023 to 2026 public chapters. According to the Secretary of State’s abstract, Pub. Ch. 501 (2021) allows a forensic analyst to testify remotely in a criminal proceeding only if the State gave the defendant the analyst's report at least 15 days before, the defendant knowingly and voluntarily agrees, and the court and the State agree.
- Admissibility standard
- Tenn. R. Evid. 702. The rule text and the Supreme Court’s amendment orders could not be checked from official sources on October 19, 2026, because the courts’ website blocked automated access. The legislative record indicates Tennessee has not adopted the 2023 change to Federal Rule 702; this is an inference, not a reading of the rule. Court rule amendments take effect only if both houses approve them by resolution, and Senate Resolution 327 (2026) recites that the Supreme Court's January 2026 criminal-rule order was filed for approval by a resolution of both houses (S.R. 327). From 2023 to 2026 the General Assembly passed ratification resolutions for the Rules of Civil, Criminal and Appellate Procedure, and none for the Rules of Evidence. The leading case on Rule 702 could not be checked from official sources on October 19, 2026.
- Post-conviction forensic relief
- No changed-science statute. Three routes. (1) The Post-Conviction DNA Analysis Act, as enacted in 2001 (TCA 40-30-301 to -313, 2001 Pub. Ch. 444), covers first- or second-degree murder, aggravated rape, rape, aggravated sexual battery, rape of a child, attempts, lesser-included offenses, and any other offense at the trial judge’s direction, “at any time.” Testing is mandatory on a reasonable probability that exculpatory results would have prevented prosecution or conviction (-304), and discretionary on a reasonable probability of a more favorable verdict or sentence (-305). Either way the request must be made to demonstrate innocence and “not to unreasonably delay.” The act provided for payment from the criminal injuries compensation fund (-313) and requires a hearing on favorable results despite untimeliness (-312). Later amendments could not be checked from official sources on October 19, 2026. (2) The Post-Conviction Fingerprint Analysis Act of 2021 (TCA 40-30-401 to -413, Pub. Ch. 355) lets the court, a district attorney, or a person convicted of first-degree murder, a Class A or B felony, an attempt or lesser-included offense, or any offense at the court’s direction petition “at any time.” Testing is mandatory on the same no-prosecution-or-conviction showing, including retesting “that uses a new method or technology that is substantially more probative” (-404), and discretionary on a more-favorable-result showing (-405). On favorable results, a hearing is required “notwithstanding any law or rule of court that would bar the hearing as untimely” (-412). Law enforcement must report newly discovered, potentially exculpatory evidence within 30 days. (3) Since April 24, 2025, error coram nobis on newly discovered evidence reaches guilty, best-interest and no-contest pleas, but in plea cases only on claims presented jointly by the district attorney and the defendant (TCA 40-26-105, Pub. Ch. 282).
- DNA database scope
- Convictions plus violent-felony arrests. At sentencing, courts must order a specimen from anyone convicted of a felony committed on or after July 1, 1998, or of a sex-offender-registry misdemeanor on or after July 1, 2007 (TCA 40-35-321(d), per the legislature’s bill summary for SB 371). Since July 1, 2025, the specimen must be taken within 30 days of sentencing (Pub. Ch. 63). For arrests on or after January 1, 2008 for a “violent felony,” a buccal swab is taken after a probable cause finding and before release, and destroyed on dismissal or acquittal (TCA 40-35-321(e), Johnia Berry Act, 2007 Pub. Ch. 225). The list: first- and second-degree murder; aggravated and especially aggravated kidnapping; aggravated assault; aggravated child abuse; robbery, aggravated robbery and especially aggravated robbery; aggravated and especially aggravated burglary; carjacking; sexual battery, sexual battery by an authority figure and aggravated sexual battery; statutory rape by an authority figure and aggravated statutory rape; rape, aggravated rape, rape of a child and aggravated rape of a child; aggravated arson; and attempt, solicitation or conspiracy to commit them, among related forms. 2012 Pub. Ch. 965 added aggravated vehicular homicide, criminally negligent homicide, reckless homicide, vehicular homicide and voluntary manslaughter. Other amendments from 2008 to 2022 could not be checked from official sources on October 19, 2026.
- Facial recognition
- None found. No 2023 to 2026 public chapter addresses police use of facial recognition (abstract search). The closest is Pub. Ch. 297 (2025), which, according to its abstract, regulates data, including biometric identifiers, submitted to the digital driver license system.
Changes, 2023 to 2026
30-day DNA collection deadline after sentencing; specimens from deceased offenders
The court-ordered specimen must be taken within 30 days of sentencing, or before release if the term is shorter. The commissioner of correction and jail administrators now “shall,” rather than “may,” order specimens from incarcerated people who have not given one, on the same deadline. Law enforcement agencies, including the Department of Correction, may submit lawfully obtained specimens of deceased offenders previously convicted of a qualifying offense, regardless of conviction date. They must submit one when such an offender dies while incarcerated and no specimen was submitted before. The act does not add qualifying offenses or expand arrestee collection.
For practitioners: Collection after sentencing is now mandatory and time-limited; check the collection date against the 30-day deadline.
Medical examiner drug testing of suspected mass shooters
The act applies only when a county medical examiner’s office or regional forensic center autopsies a person suspected of a mass shooting that killed four or more people. The medical examiner must try to consult the person’s treating mental health professional or primary care physician on psychotropic drug use, and must test for any drugs, including therapeutic psychotropic levels. De-identified drug-use data goes to the UT Health Science Center College of Pharmacy and the health department, with a blood sample to the center, which reports quarterly to the General Assembly clerks. The act does not affect crime lab work in criminal cases.
For practitioners: In these cases, the autopsy file should include a full drug screen and a record of the attempted consultation.
TBI annual report on DUI arrests where no alcohol or intoxicant was found
By January 1, 2026 and each January 1 after, the TBI must report to the Speakers of both houses “the instances in the most recent year for which complete data is available in which a person who was arrested for driving under the influence under § 55-10-401 but where no alcohol or other intoxicants are detected in the person’s blood or breath,” identified by arresting agency. The section “is repealed on July 1, 2029.” The report goes to legislative leaders; the act does not require public posting.
For practitioners: Ask the Speakers’ offices for the report to see how often an arresting agency’s DUI cases had negative lab results.
Coram nobis on new evidence extended to pleas, on joint claims only
Relief by writ of error coram nobis “shall also apply to pleas of guilt, best interest, or no contest.” If the defendant was without fault in failing to present the evidence, the writ lies for newly discovered evidence “unknown to the defendant at the time of plea, if the judge determines that such evidence may have resulted in a different judgment.” In plea cases, the writ “shall commence by order of the court for claims jointly presented for relief by the district attorney general and the convicted defendant.” A defendant convicted by plea cannot use it alone. Cases after trial are unchanged.
For practitioners: New forensic evidence in a plea case must be brought to the district attorney first; the writ requires a joint claim.
Temporary TBI reports on forensic staffing and sexual offense evidence turnaround (expired)
Until January 1, 2025, the TBI had to give the Senate Judiciary and House Criminal Justice committees quarterly updates on forensic services hiring and training and on “the average amount of time taken to perform forensic analysis on evidence” in sexual offense cases. By January 1, 2025, it had to report on the resources and staff needed to complete that analysis within 60 days of receipt. The bill as introduced set a 30-day deadline; the Senate amendment removed it. No later act extending the duty was found. HB 679, filed in 2025 and enacted in 2026 as Pub. Ch. 597, proposed a 120-day kit analysis rule, but the enacted text does not contain it.
For practitioners: No statute sets a lab turnaround deadline for sexual offense evidence.
Pending bills
No bill on these topics is pending. The 114th General Assembly (2025 to 2026) has adjourned, and unpassed bills died. Bills that did not pass:
- Arrestee DNA: HB 7015 / SB 7087 (2023 1st Extraordinary Session) would have expanded collection from certain violent offenses to any felony; it was taken off notice in the House Criminal Justice Subcommittee and died with the session. HB 473 / SB 841 (2025 to 2026) was last on the Senate Finance calendar for April 21, 2026. HB 2189 / SB 2182 (2026) concerned clerk notice of dispositions for violent-felony arrestee DNA. SB 7087
- HB 2811 / SB 2848 (2024) would have created a free-standing actual-innocence petition on new evidence. SB 2848
- Lab bills: HB 104 / SB 71 (2023 to 2024, 30-day kit analysis), HB 979 / SB 687 (2023, TBI forensic scientist staffing reports), and HB 2961 / SB 2877 (2024, study of a Shelby County crime lab). 113th GA subject index
Checked and unchanged
- Post-Conviction Fingerprint Analysis Act (TCA 40-30-401 et seq.): no 2023 to 2026 public chapter amends it, based on a search of all 2,211 public chapters of the 113th and 114th General Assemblies.
- Pub. Ch. 597 (2026, HB 679), signed and effective March 18, 2026, has one substantive section: minors may receive a forensic medical exam without parental consent (TCA 39-13-519(b)(2)). The Secretary of State’s abstract describes a $2,500 exam payment and a 120-day TBI kit deadline, and a House amendment summary describes a TBI report due January 1, 2026. None of these is in the enacted text, so none is law.
- No 2023 to 2026 public chapter addresses genetic genealogy, rapid DNA, facial recognition or digital forensics.
- Outside this tracker’s scope: Pub. Ch. 139 (2023) and Pub. Ch. 162 (2025) expand admissibility of child forensic interview recordings.
- Not checked: the current Tennessee Code text, which is published only through a commercial host, Pub. Ch. 554 (2024) only changes clerks' deadline to notify the TBI of final dispositions from 72 hours to three business days (TCA 18-4-103(9), 18-4-203(b)(4), 16-18-310(c)); it does not amend TCA 40-35-321.
Last updated October 19, 2026Source: United States Council for Law & InvestigationCite as: United States Council for Law & Investigation, “Tennessee forensic science oversight: Forensic Ledger,” uscli.org/forensic-science-tracker/tennessee (last updated October 19, 2026). Text licensed CC BY 4.0.