As Introduced                            1            

122nd General Assembly                                             4            

   Regular Session                                  S. B. No. 140  5            

      1997-1998                                                    6            


                          SENATOR LATTA                            8            


                                                                   10           

                           A   B I L L                                          

             To amend sections 109.573 and 313.08 of the Revised   12           

                Code to require coroners to submit DNA specimens   13           

                and fingerprints of unidentified dead bodies to    14           

                the Bureau of Criminal Identification and                       

                Investigation for inclusion in its unidentified    15           

                person database, to authorize the Bureau of        16           

                Criminal Identification and Investigation to       17           

                establish a relatives of missing persons database  18           

                and to compare the relatives of missing persons                 

                database with the unidentified persons database,   19           

                and to require the Bureau of Criminal              20           

                Identification and Investigation to notify the     21           

                coroner or law enforcement agency that submitted                

                an unidentified person's DNA specimen if the       22           

                person is identified.                                           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        24           

      Section 1.  That sections 109.573 and 313.08 of the Revised  26           

Code be amended to read as follows:                                27           

      Sec. 109.573.  (A)  As used in this section:                 36           

      (1)  "DNA" means human deoxyribonucleic acid.                38           

      (2)  "DNA analysis" means a laboratory analysis of a DNA     40           

specimen to identify DNA characteristics and to create a DNA       42           

record.                                                                         

      (3)  "DNA database" means a collection of DNA records from   45           

forensic casework or from crime scenes, specimens from anonymous                

and unidentified sources, and records collected pursuant to        47           

                                                          2      

                                                                 
sections 2151.315 and 2901.07 of the Revised Code and a            48           

population statistics database for determining the frequency of    49           

occurrence of characteristics in DNA records.                      50           

      (4)  "DNA record" means the objective result of a DNA        52           

analysis of a DNA specimen, including representations of DNA       54           

fragment lengths, digital images of autoradiographs, discrete                   

allele assignment numbers, and other DNA specimen characteristics  55           

that aid in establishing the identity of an individual.            56           

      (5) "DNA specimen" includes human blood cells or             58           

physiological tissues or body fluids.                              59           

      (6)  "Unidentified person database" means a collection of    61           

DNA records AND FINGERPRINT RECORDS of unidentified human          63           

corpses, human remains, or living individuals.                     65           

      (7)  "RELATIVES OF MISSING PERSONS DATABASE" MEANS A         67           

COLLECTION OF DNA RECORDS OF PERSONS RELATED BY CONSANGUINITY OF   69           

THE FIRST DEGREE TO A MISSING PERSON.                              70           

      (8)  "Law enforcement agency" means a police department,     72           

the office of a sheriff, the state highway patrol, a county        73           

prosecuting attorney, or a federal, state, or local governmental   74           

body that enforces criminal laws and that has employees who have   75           

a statutory power of arrest.                                       76           

      (B)(1)  The superintendent of the bureau of criminal         78           

identification and investigation may do all of the following:      79           

      (a)  Establish and maintain a state DNA laboratory to        82           

perform DNA analysis of DNA specimens;                             83           

      (b)  Establish and maintain a DNA database;                  86           

      (c)  Establish and maintain an unidentified person database  89           

to aid in the establishment of the identity of unknown human       90           

corpses, human remains, or living individuals;                     92           

      (d)  ESTABLISH AND MAINTAIN A RELATIVES OF MISSING PERSONS   95           

DATABASE FOR COMPARISON WITH THE UNIDENTIFIED PERSON DATABASE TO   96           

AID IN THE ESTABLISHMENT OF THE IDENTITY OF UNKNOWN HUMAN          97           

CORPSES, HUMAN REMAINS, AND LIVING INDIVIDUALS.                                 

      (2)  If the bureau of criminal identification and            99           

                                                          3      

                                                                 
investigation establishes and maintains a DNA laboratory and a     100          

DNA database, the bureau may use or disclose information           101          

regarding DNA records for the following purposes:                  103          

      (a)  The bureau may disclose information to a law            105          

enforcement agency for purposes of identification.                 106          

      (b)  The bureau shall disclose pursuant to a court order     109          

issued under section 3111.09 of the Revised Code any information                

necessary to determine the existence of a parent and child         111          

relationship in an action brought under sections 3111.01 to                     

3111.19 of the Revised Code.                                       112          

      (c)  The bureau may use or disclose information from the     115          

population statistics database, for identification research and    116          

protocol development, or for quality control purposes.                          

      (3)  IF THE BUREAU OF CRIMINAL IDENTIFICATION AND            118          

INVESTIGATION ESTABLISHES AND MAINTAINS A RELATIVES OF MISSING     119          

PERSONS DATABASE, ALL OF THE FOLLOWING APPLY:                      120          

      (a)  IF A PERSON HAS DISAPPEARED AND HAS BEEN CONTINUOUSLY   123          

ABSENT FROM THE PERSON'S PLACE OF LAST DOMICILE FOR A THIRTY-DAY   124          

OR LONGER PERIOD OF TIME WITHOUT BEING HEARD FROM DURING THE                    

PERIOD, PERSONS RELATED BY CONSANGUINITY OF THE FIRST DEGREE TO    126          

THE MISSING PERSON MAY SUBMIT TO THE BUREAU A DNA SPECIMEN, AND    127          

THE BUREAU SHALL INCLUDE THE DNA RECORD OF THE SPECIMEN IN THE     129          

RELATIVES OF MISSING PERSONS DATABASE.                                          

      (b)  THE BUREAU SHALL NOT CHARGE A FEE FOR THE SUBMISSION    132          

OF A DNA SPECIMEN PURSUANT TO DIVISION (B)(3)(a) OF THIS SECTION.  134          

      (c)  A PHYSICIAN, REGISTERED NURSE, LICENSED PRACTICAL       137          

NURSE, DULY LICENSED CLINICAL LABORATORY TECHNICIAN, OR OTHER      138          

QUALIFIED MEDICAL PRACTITIONER SHALL CONDUCT THE COLLECTION        139          

PROCEDURE FOR THE DNA SPECIMEN SUBMITTED PURSUANT TO DIVISION      141          

(B)(3)(a) OF THIS SECTION AND SHALL COLLECT THE DNA SPECIMEN IN A  142          

MEDICALLY APPROVED MANNER.  NO LATER THAN FIFTEEN DAYS AFTER THE   143          

DATE OF THE COLLECTION OF THE DNA SPECIMEN, THE PERSON CONDUCTING  145          

THE DNA SPECIMEN COLLECTION PROCEDURE SHALL CAUSE THE DNA          147          

SPECIMEN TO BE FORWARDED TO THE BUREAU OF CRIMINAL IDENTIFICATION  149          

                                                          4      

                                                                 
AND INVESTIGATION IN ACCORDANCE WITH PROCEDURES ESTABLISHED BY     150          

THE SUPERINTENDENT OF THE BUREAU UNDER DIVISION (H) OF THIS        151          

SECTION.  THE BUREAU SHALL PROVIDE THE SPECIMEN VIALS, MAILING     152          

TUBES, LABELS, POSTAGE, AND INSTRUCTION NEEDED FOR THE COLLECTION  153          

AND FORWARDING OF THE DNA SPECIMEN TO THE BUREAU.                  155          

      (d)  THE SUPERINTENDENT, IN THE SUPERINTENDENT'S             157          

DISCRETION, MAY COMPARE DNA RECORDS IN THE RELATIVES OF MISSING    159          

PERSON'S DATABASE WITH THE DNA RECORDS IN THE UNIDENTIFIED PERSON  161          

DATABASE.                                                                       

      (4) IF THE BUREAU OF CRIMINAL IDENTIFICATION AND             163          

INVESTIGATION ESTABLISHES AND MAINTAINS AN UNIDENTIFIED PERSON     164          

DATABASE AND IF THE SUPERINTENDENT OF THE BUREAU DETERMINES THE    165          

IDENTITY OF A PERSON OR DECEASED PERSON WHOSE DNA RECORD IS        167          

CONTAINED IN THE UNIDENTIFIED PERSON DATABASE, THE SUPERINTENDENT  168          

SHALL INFORM THE CORONER WHO OR THE LAW ENFORCEMENT AGENCY THAT    169          

SUBMITTED THE DNA SPECIMEN TO THE BUREAU OF THE IDENTITY OF THE    171          

UNIDENTIFIED PERSON.                                                            

      (5)  The bureau of criminal identification and               173          

investigation may enter into a contract with a qualified public    174          

or private laboratory to perform DNA analyses, DNA specimen        175          

maintenance, preservation, and storage, DNA record keeping, and    176          

other duties required of the bureau under this section.  A public  177          

or private laboratory under contract with the bureau shall follow  178          

quality assurance and privacy requirements established by the      179          

superintendent of the bureau.                                                   

      (C)  The superintendent of the bureau of criminal            181          

identification and investigation shall establish procedures for    182          

entering into the DNA database the DNA records submitted pursuant  184          

to sections 2151.315 and 2901.07 of the Revised Code and for       185          

determining an order of priority for entry of the DNA records      187          

based on the types of offenses committed by the persons whose      188          

records are submitted and the available resources of the bureau.                

      (D)  When a DNA record is derived from a DNA specimen        191          

provided pursuant to section 2151.315 or 2901.07 of the Revised                 

                                                          5      

                                                                 
Code, the bureau of criminal identification and investigation      193          

shall attach to the DNA record personal identification             194          

information that identifies the person from whom the DNA specimen  195          

was taken.  The personal identification information may include    196          

the subject person's fingerprints and any other information the    197          

bureau determines necessary.  The DNA record and personal          198          

identification information attached to it shall be used only for   199          

the purpose of personal identification or for a purpose specified               

in this section.                                                   200          

      (E)  DNA records and, DNA specimens, AND FINGERPRINTS that   203          

the bureau OF CRIMINAL IDENTIFICATION AND INVESTIGATION receives   204          

pursuant to this section and sections 313.08, 2151.315, and        205          

2901.07 of the Revised Code and personal identification            206          

information attached to a DNA record are not public records under  207          

section 149.43 of the Revised Code.                                208          

      (F)  The bureau of criminal identification and               210          

investigation may charge a reasonable fee for providing            211          

information pursuant to this section to any law enforcement        212          

agency located in another state.                                                

      (G)(1)  No person who because of the person's employment or  214          

official position has access to a DNA specimen, a DNA record, or   217          

other information contained in the DNA database that identifies    219          

an individual shall knowingly disclose that specimen, record, or   220          

information to any person or agency not entitled to receive it or  222          

otherwise shall misuse that specimen, record, or information.      224          

      (2)  No person without authorization or privilege to obtain  226          

information contained in the DNA database that identifies an       228          

individual person shall purposely obtain that information.         230          

      (H)   The superintendent of the bureau of criminal           232          

identification and investigation shall establish procedures for    234          

all of the following:                                              235          

      (1)  The forwarding of DNA specimens collected pursuant to   238          

DIVISION (H) OF THIS SECTION AND sections 313.08, 2151.315, and    240          

2901.07 of the Revised Code to the bureau;                         241          

                                                          6      

                                                                 
      (2)  The collection, maintenance, preservation, and          243          

analysis of DNA specimens;                                         245          

      (3)  The creation, maintenance, and operation of the DNA     247          

database;                                                          248          

      (4)  The use and dissemination of information from the DNA   250          

database;                                                          251          

      (5)  THE CREATION, MAINTENANCE, AND OPERATION OF THE         253          

UNIDENTIFIED PERSON DATABASE;                                      254          

      (6)  THE USE AND DISSEMINATION OF INFORMATION FROM THE       256          

UNIDENTIFIED PERSON DATABASE;                                      257          

      (7)  THE CREATION, MAINTENANCE, AND OPERATION OF THE         259          

RELATIVES OF MISSING PERSONS DATABASE;                             260          

      (8)  THE USE AND DISSEMINATION OF INFORMATION FROM THE       262          

RELATIVES OF MISSING PERSONS DATABASE;                             263          

      (9)  The verification of entities requesting DNA records     265          

and other DNA information from the bureau and the authority of     267          

the entity to receive the information;                             268          

      (6)(10)  The operation of the bureau and responsibilities    270          

of employees of the bureau with respect to the activities          272          

described in this section.                                                      

      Sec. 313.08.  (A)  In counties in which a county morgue is   281          

maintained, the coroner shall be the official custodian thereof    283          

OF THE MORGUE.                                                                  

      In all cases of the finding of a dead THE body OF A          285          

DECEASED PERSON within such A county IN WHICH A COUNTY MORGUE IS   286          

MAINTAINED, when the identity of such THE deceased person is       287          

unknown, or his THE DECEASED PERSON'S relatives or other persons   289          

entitled to the custody of the body OF THE DECEASED PERSON are     290          

unknown or not present, such THE body shall be removed to the      291          

county morgue, where it shall be held for identification and       293          

disposal.                                                                       

      (B)  IF THE BODY OF A DECEASED PERSON IS NOT IDENTIFIED, A   296          

CORONER SHALL DO ALL OF THE FOLLOWING PRIOR TO DISPOSING OF THE    297          

BODY:                                                                           

                                                          7      

                                                                 
      (1) TAKE THE FINGERPRINTS OF THE BODY OF THE DECEASED        299          

PERSON, OR CAUSE THE SAME TO BE TAKEN, ACCORDING TO THE            300          

FINGERPRINT SYSTEM OF IDENTIFICATION ON THE FORMS FURNISHED BY     301          

THE SUPERINTENDENT OF THE BUREAU OF CRIMINAL IDENTIFICATION AND    302          

INVESTIGATION;                                                     303          

      (2)  COLLECT IN A MEDICALLY APPROVED MANNER A DNA SPECIMEN   306          

FROM THE BODY OF THE DECEASED PERSON;                              307          

      (3)  PROMPTLY CAUSE THE FINGERPRINTS AND THE DNA SPECIMEN    309          

TO BE FORWARDED TO THE BUREAU OF CRIMINAL IDENTIFICATION AND       310          

INVESTIGATION FOR INCLUSION IN THE UNIDENTIFIED PERSON DATABASE    311          

IN ACCORDANCE WITH PROCEDURES ESTABLISHED BY THE SUPERINTENDENT    312          

OF THE BUREAU UNDER DIVISION (H) OF SECTION 109.573 OF THE         315          

REVISED CODE.  THE BUREAU SHALL PROVIDE THE FINGERPRINT FORMS,     317          

SPECIMEN VIALS, MAILING TUBES, LABELS, POSTAGE, AND INSTRUCTION    318          

NEEDED FOR THE COLLECTION AND FORWARDING OF THE FINGERPRINTS AND   319          

THE DNA SPECIMEN TO THE BUREAU.                                    321          

      (C)  AS USED IN THIS SECTION, "DNA SPECIMEN" AND             324          

"UNIDENTIFIED PERSON DATABASE" HAVE THE SAME MEANINGS AS IN        325          

SECTION 109.573 OF THE REVISED CODE.                               327          

      Section 2.  That existing sections 109.573 and 313.08 of     329          

the Revised Code are hereby repealed.                              330