Sen. Ron Ramsey (R-2) filed SB0257 which would require all persons arrested on or after January 1, 2012, for the commission of any felony, to have a biological specimen taken for the purpose of DNA analysis. If the charge for which the sample was taken is dismissed or the defendant is acquitted at trial, the TBI shall destroy the sample and all records of the sample. If the defendant is not convicted of the charged offense but is convicted of a lesser included offense that is a felony, the sample and all records of the sample shall not be destroyed. If the charge for which the sample was taken is dismissed or the defendant is acquitted at trial but the defendant has a pending qualifying warrant for arrest or capias, or if the defendant is convicted of another felony, all records of the sample shall not be destroyed.
Critics point out that DNA samples are personal in a way that fingerprints and mugshots are not and should therefore be subject to higher standards of search and seizure law. Crime labs also do not typically have the resources to accurately process and track this number of samples. States with similar laws have also taken the opportunity to expand them to lesser charges such as misdemeanors.