As Introduced 1
122nd General Assembly 4
Regular Session S. B. No. 140 5
1997-1998 6
SENATOR LATTA 8
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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
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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
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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
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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
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(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:
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(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