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            


                                                                   10           

                           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           

                                                          3      

                                                                 
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          

                                                          4      

                                                                 
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          

                                                          5      

                                                                 
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          

                                                          6      

                                                                 
      (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          

                                                          7      

                                                                 
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          

                                                          8      

                                                                 
      (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