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TN HB2439
Bill
Status
2/3/2026
Primary Sponsor
Sam McKenzie
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AI Summary
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Establishes requirements for law enforcement use of oral-fluid (saliva) screening tests in DUI investigations, including mandatory use of approved devices, officer certification, and documented quality-control checks before each use
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Requires confirmatory laboratory testing (GC-MS or LC-MS/MS) from an ISO/IEC/17025 accredited lab before oral-fluid screening results can be used as substantive evidence in criminal proceedings or to support administrative license consequences
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Mandates detailed documentation for each oral-fluid test including device information, calibration dates, chain-of-custody details, and officer credentials, with records retained for at least 3 years
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Creates evidentiary consequences for noncompliance: failure to follow testing protocols renders results inadmissible; failure to preserve samples or provide required disclosures creates a rebuttable presumption of unreliability
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Takes effect July 1, 2026 for rulemaking and training purposes, and January 1, 2027 for enforcement actions
Legislative Description
AN ACT to amend Tennessee Code Annotated, Title 55, Chapter 10, Part 4, relative to oral-fluid testing.
Safety, Dept. of
Last Action
Placed on s/c cal Criminal Justice Subcommittee for 3/18/2026
3/11/2026