END THE BACKLOG is an initiative of the JOYFUL HEART FOUNDATION
Tennessee
Tennessee has achieved four of six pillars of rape kit reform. To reach comprehensive reform, the state must require the testing of backlogged kits and appropriate public funds for rape kit reform.
Tennessee has achieved four of six pillars of rape kit reform. To reach comprehensive reform, the state must require the testing of backlogged kits and appropriate public funds for rape kit reform.
Statewide Inventory
Yes, the state carried out a one-time inventory.
Is the inventory recurring?
No
Are law enforcement agencies and/or labs required to participate in the inventory?
Yes
Does the law require to document the date of when each kit was collected?
Yes
Does the law require a reason to be given as to why the kit was not submitted to a crime lab for testing?
No
Does the law require untested kits to be counted?
Yes
Test Backlogged Kits
No, the state has not committed to testing its backlogged kits.
Does the law require law enforcement to submit all untested kits, including those past the statute of limitation, within a certain deadline?
n/a
Does the law set a deadline for the crime laboratory to complete analysis once a kit has been submitted to the lab?
n/a
Does the law require kits past the statute of limitations to be sent in for testing?
n/a
Does the law allow public crime labs to outsource unsubmitted kits?
n/a
Test New Kits
Yes, all newly collected kits are being tested.
According to the law, how much time after a rape kit examination do hospitals have to notify law enforcement that a kit is ready to be picked up?
24 Hours
According to the law, after being notified, within what time frame is law enforcement required to pick up the kit?
7 Days
According to the law, after picking the kit up, within what time frame is law enforcement required to submit the kit to the lab?
30 Days
According to the law, after receiving the kit, within what time frame is the lab required to test the kit?
Not specified
Does the law allow crime labs to outsource kits for testing if they are unable to meet the deadline?
Not specified
Implement Tracking System
Yes, tracking system in use.
Does the law state that the tracking system should track initial collection at hospital, inventory and storage by law enforcement, and testing and storage by state labs?
Yes
Does the law state that the tracking system should track if kit a has been destroyed?
Yes
Does the law allow all agencies who participate in the tracking system to update the status of a kit?
Yes
Does the law state that the tracking system should have a victim portal?
Yes
Does the law require law enforcement, labs, and hospitals to participate in the tracking system?
Yes
Does the law state that all previously untested kits should be entered into the system?
No
Victim's Right To Know
Yes, the state has granted victims the right to notice and be informed on the status of their kit.
Do victims have the right to receive information of the location, testing date, and testing results of their kit?
Yes
Do victims have the right to be informed when there is any change in the status of their case?
Yes
Do victims have the right to receive notification before destruction of their kit?
Yes
Are victims granted further preservation of the kit or its probative contents?
Yes
Are victims provided with the contact information for the designated liaison(s) at the corresponding law enforcement agency at the time that a kit is collected?
Yes
Do victims have the right to receive a physical document identifying their rights under law?
No
Fund Reform
No, the state has not allocated any of its own funds towards reform.
n/a
Take Action Today to Bring Further Rape Kit Reform to Tennessee
In 2025, Tennessee legislators introduced SB906, which would have required an annual inventory of untested kits, mandated testing of all backlogged kits, and established a 90-day testing timeline for labs, with the ability to outsource testing. The bill would have also extended anonymous kit retention to 25 years and require trauma-informed training for law enforcement officers. This bill failed to pass.
In 2024, the U.S. Department of Justice Bureau of Justice Assistance (BJA) awarded the Tennessee Bureau of Investigation $1 million to expand its SAKI Team and advance Tennessee’s Lawfully Owed DNA Initiative.
According to the October 2024 Quarterly Forensic Services Division Report, there were 217 sexual assault kits pending at the TBI lab. Statewide turnaround time for sexual assault kits from September 1-30, 2024, was 10.4 weeks. These numbers do not reflect kits at the Nashville Metro Crime Lab. We do not know the true extent of the rape kit backlog in the state.
Knoxville District Attorney General Charme Allen said the Knoxville office is down to just 19 kits in its backlog, with the average turnaround time for a newly collected kit at 10 weeks. The state has not conducted a statewide inventory since 2014. We do not know the true extent of the backlog in the state.
In 2024, legislators introduced HB2601 / SB2554. This bill would have mandated the testing of backlogged kits, among other measures to improve rape kit handling in Tennessee. However, this bill failed to pass. Read our letter of support here.
In 2023, Tennessee legislators introduced HB1002, which would mandate a one time inventory of untested kits. All law enforcement agencies and departments charged with the maintenance, storage, and preservation of sexual assault kits would be mandated to participate in the inventory. Later in the session, these sections of the bill were amended and removed from the bill before it passed.
In 2023, the U.S. Department of Justice Bureau of Justice Assistance (BJA) awarded Shelby County $1,500,000 to complete investigation of the SAK backlog cases.
In May 2021, the Tennessee legislature passed HB39, which required TBI to create a tracking system, with a survivor portal, in which all agencies that handle rape kits have to participate. The bill mandated medical facilities to notify law enforcement agencies within 24 hours of collection of a kit. Law enforcement must then pick up the kit within 7 days and submit it to the lab within 30 days, instead of 60 days under the previous law. The bill also granted victims the right to be informed of changes in the status of their cases, and to be informed 60 days in advance of planned destruction of their kits. Under this bill, “hold kits” (unreported, anonymous kits) have to be retained for 10 years, instead of three. Read our testimony.
In 2020, BJA awarded the city of Memphis an additional $2 million to sustain its work on rape kit reform. The same year, BJA also awarded the Tennessee Bureau of Investigation $1 million to collect lawfully owed DNA samples from identified offenders, test the samples, and upload eligible DNA profiles into the Combined DNA Index System (CODIS).
In 2017, Tennessee legislators introduced SB608, which would have shortened deadlines for submission of newly collected kits, but this bill failed to pass.
In 2015, the Manhattan District Attorney’s Office awarded $976,420 to the Tennessee Bureau of Investigation to test 1,400 rape kits. The Manhattan District Attorney’s Office and the U.S. Department of Justice Bureau of Justice Assistance (BJA) awarded the Memphis Police Department a total of $3,904,124 to test kits, investigate and prosecute cases, and re-engage survivors.
In 2015, Tennessee enacted SB981, requiring law enforcement to send rape kits to the Tennessee Bureau of Investigation or another accredited lab for forensic analysis within 60 days. The law also required the Domestic Violence State Coordinating Council to create a model policy for responding to sexual assault.
In 2015, The Accountability Project issued a public records request to bring the number of untested kits at the Tennessee Bureau of Investigation Crime Lab to light. Through our efforts, we learned that backlogs and turnaround times varied significantly across the three TBI laboratories. As of October 2016, the Nashville lab had a backlog of 87 cases, with a turnaround time of 16 weeks for testing kits; the Knoxville lab had a backlog of 170 cases, with a turnaround time of 10 weeks for testing kits; and the Memphis lab had a backlog of 337 cases, with a turnaround time of 32 weeks for testing kits.
In 2014, The Accountability Project issued an open records request to bring the number of untested rape kits in Nashville to light. Through this request, we uncovered that the Nashville Police Department had booked 4,524 rape kits into evidence between 1995 and 2014. The department reported to us that by October 2014, all but six kits “with special circumstances” had been tested.
In 2013, Memphis reported that it had more than 12,164 untested kits. Testing began in 2013 and is ongoing.
Accountability
We have issued public records requests, through the Freedom of Information Act, to the following jurisdictions in Tennessee to discover whether they possess any untested rape kits.
The Joyful Heart Foundation (Joyful Heart) today applauds Governor Lee in the signing of HB0039 — a bill that gives survivors of sexual assault in Tennessee the right to obtain information about the status of their rape kit, set required kit handling timelines, as well as establish a state-wide rape kit tracking system. After years of working alongside Representative Freeman, other legislators, and local advocacy groups perfecting this bill, Joyful Heart is thrilled with the signing of H.B. 0039 into law.
This coming Wednesday, the Tennessee House of Representatives Criminal Justice Subcommittee will be hearing testimony from advocates on H.B. 0039 — a bill that would give survivors of sexual assault in Tennessee the right to obtain information about the status of their rape kit, set required kit handling timelines, as well as establish a state-wide rape kit tracking system. After years of working alongside Representative Freeman, other legislators, and local advocacy groups perfecting this bill, Joyful Heart enthusiastically supports H.B. 0039, which will help keep communities safe and bring answers and information to survivors.
Memphis Sexual Assault Kit Summit In October, Joyful Heart was proud to attend and give the keynote speech at the second annual Sexual Assault Kit Summit for Cities, hosted by the Memphis Sexual Assault Kit Task Force. Over 26 jurisdictions from 15 states came together to share and discuss strategies and best practices for addressing […]
