As Reported by the Senate Judiciary Committee 1
122nd General Assembly 4
Regular Session Sub. S. B. No. 140 5
1997-1998 6
SENATORS LATTA-LATELL-HERINGTON-BLESSING-CUPP-HOWARD 8
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A B I L L
To amend sections 109.52, 109.573, and 313.08 of the 12
Revised Code to require coroners to submit DNA 13
specimens, photographs, and fingerprints of
unidentified dead bodies to the Bureau of 14
Criminal Identification and Investigation for 15
inclusion in its unidentified person database, to 16
authorize the Bureau of Criminal Identification
and Investigation to establish a relatives of 17
missing persons database and to compare the 18
relatives of missing persons database with the 19
unidentified persons database, to require the 20
Bureau of Criminal Identification and
Investigation to notify the coroner or law 21
enforcement agency that submitted an unidentified 22
person's DNA specimen if the person is
identified, and to permit county coroners to 23
submit evidence directly to the Bureau in 24
noncriminal coroner cases when local law
enforcement agencies do not investigate the death 25
in question.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 27
Section 1. That sections 109.52, 109.573, and 313.08 of 29
the Revised Code be amended to read as follows: 30
Sec. 109.52. The bureau of criminal identification and 39
investigation may operate and maintain a criminal analysis 40
laboratory and mobile units thereof, create a staff of 41
2
investigators and technicians skilled in the solution and control 42
of crimes and criminal activity, keep statistics and other
necessary data, assist in the prevention of crime, and engage in 43
such other activities as will aid law enforcement officers in 44
solving crimes and controlling criminal activity AND AS WILL AID 46
COUNTY CORONERS IN NONCRIMINAL CORONER CASES WHEN NO LOCAL LAW 47
ENFORCEMENT AGENCY INVESTIGATES THE DEATH IN QUESTION. IN THE 48
CIRCUMSTANCES SPECIFIED IN THIS SECTION, ANY COUNTY CORONER MAY 49
SUBMIT EVIDENCE DIRECTLY TO THE BUREAU TO OBTAIN THE AID OF THE 50
BUREAU.
Sec. 109.573. (A) As used in this section: 59
(1) "DNA" means human deoxyribonucleic acid. 61
(2) "DNA analysis" means a laboratory analysis of a DNA 63
specimen to identify DNA characteristics and to create a DNA 65
record.
(3) "DNA database" means a collection of DNA records from 68
forensic casework or from crime scenes, specimens from anonymous
and unidentified sources, and records collected pursuant to 70
sections 2151.315 and 2901.07 of the Revised Code and a 71
population statistics database for determining the frequency of 72
occurrence of characteristics in DNA records. 73
(4) "DNA record" means the objective result of a DNA 75
analysis of a DNA specimen, including representations of DNA 77
fragment lengths, digital images of autoradiographs, discrete
allele assignment numbers, and other DNA specimen characteristics 78
that aid in establishing the identity of an individual. 79
(5) "DNA specimen" includes human blood cells or 81
physiological tissues or body fluids. 82
(6) "Unidentified person database" means a collection of 84
DNA records, AND, ON AND AFTER THE EFFECTIVE DATE OF THIS 86
AMENDMENT, OF FINGERPRINT AND PHOTOGRAPH RECORDS, of unidentified 87
human corpses, human remains, or living individuals. 90
(7) "RELATIVES OF MISSING PERSONS DATABASE" MEANS A 92
COLLECTION OF DNA RECORDS OF PERSONS RELATED BY CONSANGUINITY OF 94
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THE FIRST DEGREE TO A MISSING PERSON. 95
(8) "Law enforcement agency" means a police department, 97
the office of a sheriff, the state highway patrol, a county 98
prosecuting attorney, or a federal, state, or local governmental 99
body that enforces criminal laws and that has employees who have 100
a statutory power of arrest. 101
(B)(1) The superintendent of the bureau of criminal 103
identification and investigation may do all of the following: 104
(a) Establish and maintain a state DNA laboratory to 107
perform DNA analysis of DNA specimens; 108
(b) Establish and maintain a DNA database; 111
(c) Establish and maintain an unidentified person database 114
to aid in the establishment of the identity of unknown human 115
corpses, human remains, or living individuals; 117
(d) ESTABLISH AND MAINTAIN A RELATIVES OF MISSING PERSONS 120
DATABASE FOR COMPARISON WITH THE UNIDENTIFIED PERSON DATABASE TO 121
AID IN THE ESTABLISHMENT OF THE IDENTITY OF UNKNOWN HUMAN 122
CORPSES, HUMAN REMAINS, AND LIVING INDIVIDUALS.
(2) If the bureau of criminal identification and 124
investigation establishes and maintains a DNA laboratory and a 125
DNA database, the bureau may use or disclose information 126
regarding DNA records for the following purposes: 128
(a) The bureau may disclose information to a law 130
enforcement agency OR TO A COUNTY CORONER for purposes of 131
identification. 132
(b) The bureau shall disclose pursuant to a court order 135
issued under section 3111.09 of the Revised Code any information
necessary to determine the existence of a parent and child 138
relationship in an action brought under sections 3111.01 to
3111.19 of the Revised Code. 139
(c) The bureau may use or disclose information from the 142
population statistics database, for identification research and 143
protocol development, or for quality control purposes.
(3) IF THE BUREAU OF CRIMINAL IDENTIFICATION AND 145
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INVESTIGATION ESTABLISHES AND MAINTAINS A RELATIVES OF MISSING 146
PERSONS DATABASE, ALL OF THE FOLLOWING APPLY: 147
(a) IF A PERSON HAS DISAPPEARED AND HAS BEEN CONTINUOUSLY 150
ABSENT FROM THE PERSON'S PLACE OF LAST DOMICILE FOR A THIRTY-DAY 151
OR LONGER PERIOD OF TIME WITHOUT BEING HEARD FROM DURING THE
PERIOD, PERSONS RELATED BY CONSANGUINITY OF THE FIRST DEGREE TO 153
THE MISSING PERSON MAY SUBMIT TO THE BUREAU A DNA SPECIMEN, THE 154
BUREAU MAY INCLUDE THE DNA RECORD OF THE SPECIMEN IN THE 156
RELATIVES OF MISSING PERSONS DATABASE, AND, IF THE BUREAU DOES 158
NOT INCLUDE THE DNA RECORD OF THE SPECIMEN IN THE RELATIVES OF 159
MISSING PERSONS DATABASE, THE BUREAU SHALL RETAIN THE DNA RECORD 160
FOR FUTURE REFERENCE AND INCLUSION AS APPROPRIATE IN THAT 161
DATABASE.
(b) THE BUREAU SHALL NOT CHARGE A FEE FOR THE SUBMISSION 164
OF A DNA SPECIMEN PURSUANT TO DIVISION (B)(3)(a) OF THIS SECTION. 166
(c) A PHYSICIAN, REGISTERED NURSE, LICENSED PRACTICAL 169
NURSE, DULY LICENSED CLINICAL LABORATORY TECHNICIAN, OR OTHER 170
QUALIFIED MEDICAL PRACTITIONER SHALL CONDUCT THE COLLECTION 171
PROCEDURE FOR THE DNA SPECIMEN SUBMITTED PURSUANT TO DIVISION 173
(B)(3)(a) OF THIS SECTION AND SHALL COLLECT THE DNA SPECIMEN IN A 174
MEDICALLY APPROVED MANNER. NO LATER THAN FIFTEEN DAYS AFTER THE 175
DATE OF THE COLLECTION OF THE DNA SPECIMEN, THE PERSON CONDUCTING 177
THE DNA SPECIMEN COLLECTION PROCEDURE SHALL CAUSE THE DNA 179
SPECIMEN TO BE FORWARDED TO THE BUREAU OF CRIMINAL IDENTIFICATION 181
AND INVESTIGATION IN ACCORDANCE WITH PROCEDURES ESTABLISHED BY 182
THE SUPERINTENDENT OF THE BUREAU UNDER DIVISION (H) OF THIS 183
SECTION. THE BUREAU MAY PROVIDE THE SPECIMEN VIALS, MAILING 184
TUBES, LABELS, POSTAGE, AND INSTRUCTION NEEDED FOR THE COLLECTION 185
AND FORWARDING OF THE DNA SPECIMEN TO THE BUREAU. 187
(d) THE SUPERINTENDENT, IN THE SUPERINTENDENT'S 189
DISCRETION, MAY COMPARE DNA RECORDS IN THE RELATIVES OF MISSING 191
PERSON'S DATABASE WITH THE DNA RECORDS IN THE UNIDENTIFIED PERSON 193
DATABASE.
(4) IF THE BUREAU OF CRIMINAL IDENTIFICATION AND 195
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INVESTIGATION ESTABLISHES AND MAINTAINS AN UNIDENTIFIED PERSON 196
DATABASE AND IF THE SUPERINTENDENT OF THE BUREAU IDENTIFIES A 198
MATCHING DNA RECORD FOR THE DNA RECORD OF A PERSON OR DECEASED 200
PERSON WHOSE DNA RECORD IS CONTAINED IN THE UNIDENTIFIED PERSON 202
DATABASE, THE SUPERINTENDENT SHALL INFORM THE CORONER WHO 203
SUBMITTED OR THE LAW ENFORCEMENT AGENCY THAT SUBMITTED THE DNA 204
SPECIMEN TO THE BUREAU OF THE MATCH AND, IF POSSIBLE, OF THE 205
IDENTITY OF THE UNIDENTIFIED PERSON.
(5) The bureau of criminal identification and 207
investigation may enter into a contract with a qualified public 208
or private laboratory to perform DNA analyses, DNA specimen 209
maintenance, preservation, and storage, DNA record keeping, and 210
other duties required of the bureau under this section. A public 211
or private laboratory under contract with the bureau shall follow 212
quality assurance and privacy requirements established by the 213
superintendent of the bureau.
(C) The superintendent of the bureau of criminal 215
identification and investigation shall establish procedures for 216
entering into the DNA database the DNA records submitted pursuant 218
to sections 2151.315 and 2901.07 of the Revised Code and for 219
determining an order of priority for entry of the DNA records 221
based on the types of offenses committed by the persons whose 222
records are submitted and the available resources of the bureau.
(D) When a DNA record is derived from a DNA specimen 225
provided pursuant to section 2151.315 or 2901.07 of the Revised
Code, the bureau of criminal identification and investigation 227
shall attach to the DNA record personal identification 228
information that identifies the person from whom the DNA specimen 229
was taken. The personal identification information may include 230
the subject person's fingerprints and any other information the 231
bureau determines necessary. The DNA record and personal 232
identification information attached to it shall be used only for 233
the purpose of personal identification or for a purpose specified
in this section. 234
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(E) DNA records and, DNA specimens, FINGERPRINTS, AND 237
PHOTOGRAPHS that the bureau OF CRIMINAL IDENTIFICATION AND 238
INVESTIGATION receives pursuant to this section and sections 239
313.08, 2151.315, and 2901.07 of the Revised Code and personal 241
identification information attached to a DNA record are not 242
public records under section 149.43 of the Revised Code. 243
(F) The bureau of criminal identification and 245
investigation may charge a reasonable fee for providing 246
information pursuant to this section to A COUNTY CORONER OR TO 247
any law enforcement agency located in another state. 248
(G)(1) No person who because of the person's employment or 250
official position has access to a DNA specimen, a DNA record, or 253
other information contained in the DNA database that identifies 255
an individual shall knowingly disclose that specimen, record, or 256
information to any person or agency not entitled to receive it or 258
otherwise shall misuse that specimen, record, or information. 260
(2) No person without authorization or privilege to obtain 262
information contained in the DNA database that identifies an 264
individual person shall purposely obtain that information. 266
(H) The superintendent of the bureau of criminal 268
identification and investigation shall establish procedures for 270
all of the following: 271
(1) The forwarding TO THE BUREAU of DNA specimens 273
collected pursuant to DIVISION (H) OF THIS SECTION AND sections 275
313.08, 2151.315, and 2901.07 of the Revised Code to the bureau 278
AND OF FINGERPRINTS AND PHOTOGRAPHS COLLECTED PURSUANT TO SECTION 279
313.08 OF THE REVISED CODE;
(2) The collection, maintenance, preservation, and 281
analysis of DNA specimens; 283
(3) The creation, maintenance, and operation of the DNA 285
database; 286
(4) The use and dissemination of information from the DNA 288
database; 289
(5) THE CREATION, MAINTENANCE, AND OPERATION OF THE 291
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UNIDENTIFIED PERSON DATABASE; 292
(6) THE USE AND DISSEMINATION OF INFORMATION FROM THE 294
UNIDENTIFIED PERSON DATABASE; 295
(7) THE CREATION, MAINTENANCE, AND OPERATION OF THE 297
RELATIVES OF MISSING PERSONS DATABASE; 298
(8) THE USE AND DISSEMINATION OF INFORMATION FROM THE 300
RELATIVES OF MISSING PERSONS DATABASE; 301
(9) The verification of entities requesting DNA records 303
and other DNA information from the bureau and the authority of 305
the entity to receive the information; 306
(6)(10) The operation of the bureau and responsibilities 308
of employees of the bureau with respect to the activities 310
described in this section.
Sec. 313.08. (A) In counties in which a county morgue is 319
maintained, the coroner shall be the official custodian thereof 321
OF THE MORGUE.
In all cases of the finding of a dead THE body OF A 323
DECEASED PERSON within such A county IN WHICH A COUNTY MORGUE IS 324
MAINTAINED, when the identity of such THE deceased person is 325
unknown, or his THE DECEASED PERSON'S relatives or other persons 327
entitled to the custody of the body OF THE DECEASED PERSON are 328
unknown or not present, such THE body shall be removed to the 329
county morgue, where it shall be held for identification and 331
disposal.
(B) IF THE BODY OF A DECEASED PERSON IS NOT IDENTIFIED, A 334
CORONER SHALL DO ALL OF THE FOLLOWING PRIOR TO DISPOSING OF THE 335
BODY:
(1) TAKE THE FINGERPRINTS OF THE BODY OF THE DECEASED 337
PERSON, OR CAUSE THE SAME TO BE TAKEN, ACCORDING TO THE 338
FINGERPRINT SYSTEM OF IDENTIFICATION ON THE FORMS FURNISHED BY 339
THE SUPERINTENDENT OF THE BUREAU OF CRIMINAL IDENTIFICATION AND 340
INVESTIGATION; 341
(2) TAKE OR CAUSE TO BE TAKEN ONE OR MORE PHOTOGRAPHS OF 343
THE BODY OF THE DECEASED PERSON; 344
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(3) COLLECT IN A MEDICALLY APPROVED MANNER A DNA SPECIMEN 347
FROM THE BODY OF THE DECEASED PERSON; 348
(4) PROMPTLY CAUSE THE FINGERPRINTS, THE PHOTOGRAPHS, AND 350
THE DNA SPECIMEN TO BE FORWARDED TO THE BUREAU OF CRIMINAL 352
IDENTIFICATION AND INVESTIGATION FOR INCLUSION IN THE 353
UNIDENTIFIED PERSON DATABASE IN ACCORDANCE WITH PROCEDURES 354
ESTABLISHED BY THE SUPERINTENDENT OF THE BUREAU UNDER DIVISION 356
(H) OF SECTION 109.573 OF THE REVISED CODE. THE BUREAU SHALL 358
PROVIDE THE FINGERPRINT FORMS, SPECIMEN VIALS, MAILING TUBES, 359
LABELS, POSTAGE, AND INSTRUCTION NEEDED FOR THE COLLECTION AND 360
FORWARDING TO THE BUREAU OF THE FINGERPRINTS AND THE DNA SPECIMEN 362
AND FOR THE FORWARDING TO THE BUREAU OF THE PHOTOGRAPHS. 363
(C) UPON THE REQUEST OF A CORONER WHO HAS THE DUTY TO 366
TAKE, OR CAUSE THE TAKING OF, FINGERPRINTS AND PHOTOGRAPHS UNDER 367
DIVISIONS (B)(1) AND (2) OF THIS SECTION, THE BUREAU OF CRIMINAL 368
IDENTIFICATION AND INVESTIGATION SHALL TAKE, OR ASSIST IN THE 369
TAKING OF, THE REQUIRED FINGERPRINTS AND PHOTOGRAPHS. 370
(D) AS USED IN THIS SECTION, "DNA SPECIMEN" AND 373
"UNIDENTIFIED PERSON DATABASE" HAVE THE SAME MEANINGS AS IN 374
SECTION 109.573 OF THE REVISED CODE. 376
Section 2. That existing sections 109.52, 109.573, and 378
313.08 of the Revised Code are hereby repealed. 379