As Passed by the Senate                       1            

122nd General Assembly                                             4            

   Regular Session                         Am. Sub. S. B. No. 140  5            

      1997-1998                                                    6            


      SENATORS LATTA-LATELL-HERINGTON-BLESSING-CUPP-HOWARD-        8            

                          McLIN-GARDNER                            9            


                                                                   11           

                           A   B I L L                                          

             To amend sections 109.52, 109.573, and 313.08 of the  13           

                Revised Code to require coroners to submit DNA     14           

                specimens, photographs, and fingerprints of                     

                unidentified dead bodies to the Bureau of          15           

                Criminal Identification and Investigation for      16           

                inclusion in its unidentified person database, to  17           

                authorize the Bureau of Criminal Identification                 

                and Investigation to establish a relatives of      18           

                missing persons database and to compare the        19           

                relatives of missing persons database with the     20           

                unidentified person database, to require the       21           

                Bureau of Criminal Identification and                           

                Investigation to notify the coroner or law         22           

                enforcement agency that submitted an unidentified  23           

                person's DNA specimen if the person is                          

                identified, and to permit county coroners to       24           

                submit evidence directly to the Bureau in          25           

                noncriminal coroner cases when local law                        

                enforcement agencies do not investigate the death  26           

                in question.                                                    




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        28           

      Section 1.  That sections 109.52, 109.573, and 313.08 of     30           

the Revised Code be amended to read as follows:                    31           

      Sec. 109.52.  The bureau of criminal identification and      40           

investigation may operate and maintain a criminal analysis         41           

                                                          2      

                                                                 
laboratory and mobile units thereof, create a staff of             42           

investigators and technicians skilled in the solution and control  43           

of crimes and criminal activity, keep statistics and other                      

necessary data, assist in the prevention of crime, and engage in   44           

such other activities as will aid law enforcement officers in      45           

solving crimes and controlling criminal activity AND AS WILL AID   47           

COUNTY CORONERS IN NONCRIMINAL CORONER CASES WHEN NO LOCAL LAW     48           

ENFORCEMENT AGENCY INVESTIGATES THE DEATH IN QUESTION.  IN THE     49           

CIRCUMSTANCES SPECIFIED IN THIS SECTION, ANY COUNTY CORONER MAY    50           

SUBMIT EVIDENCE DIRECTLY TO THE BUREAU TO OBTAIN THE AID OF THE    51           

BUREAU.                                                                         

      Sec. 109.573.  (A)  As used in this section:                 60           

      (1)  "DNA" means human deoxyribonucleic acid.                62           

      (2)  "DNA analysis" means a laboratory analysis of a DNA     64           

specimen to identify DNA characteristics and to create a DNA       66           

record.                                                                         

      (3)  "DNA database" means a collection of DNA records from   69           

forensic casework or from crime scenes, specimens from anonymous                

and unidentified sources, and records collected pursuant to        71           

sections 2151.315 and 2901.07 of the Revised Code and a            72           

population statistics database for determining the frequency of    73           

occurrence of characteristics in DNA records.                      74           

      (4)  "DNA record" means the objective result of a DNA        76           

analysis of a DNA specimen, including representations of DNA       78           

fragment lengths, digital images of autoradiographs, discrete                   

allele assignment numbers, and other DNA specimen characteristics  79           

that aid in establishing the identity of an individual.            80           

      (5) "DNA specimen" includes human blood cells or             82           

physiological tissues or body fluids.                              83           

      (6)  "Unidentified person database" means a collection of    85           

DNA records, AND, ON AND AFTER THE EFFECTIVE DATE OF THIS          87           

AMENDMENT, OF FINGERPRINT AND PHOTOGRAPH RECORDS, of unidentified  88           

human corpses, human remains, or living individuals.               91           

      (7)  "RELATIVES OF MISSING PERSONS DATABASE" MEANS A         93           

                                                          3      

                                                                 
COLLECTION OF DNA RECORDS OF PERSONS RELATED BY CONSANGUINITY OF   95           

THE FIRST DEGREE TO A MISSING PERSON.                              96           

      (8)  "Law enforcement agency" means a police department,     98           

the office of a sheriff, the state highway patrol, a county        99           

prosecuting attorney, or a federal, state, or local governmental   100          

body that enforces criminal laws and that has employees who have   101          

a statutory power of arrest.                                       102          

      (B)(1)  The superintendent of the bureau of criminal         104          

identification and investigation may do all of the following:      105          

      (a)  Establish and maintain a state DNA laboratory to        108          

perform DNA analysis of DNA specimens;                             109          

      (b)  Establish and maintain a DNA database;                  112          

      (c)  Establish and maintain an unidentified person database  115          

to aid in the establishment of the identity of unknown human       116          

corpses, human remains, or living individuals;                     118          

      (d)  ESTABLISH AND MAINTAIN A RELATIVES OF MISSING PERSONS   121          

DATABASE FOR COMPARISON WITH THE UNIDENTIFIED PERSON DATABASE TO   122          

AID IN THE ESTABLISHMENT OF THE IDENTITY OF UNKNOWN HUMAN          123          

CORPSES, HUMAN REMAINS, AND LIVING INDIVIDUALS.                                 

      (2)  If the bureau of criminal identification and            125          

investigation establishes and maintains a DNA laboratory and a     126          

DNA database, the bureau may use or disclose information           127          

regarding DNA records for the following purposes:                  129          

      (a)  The bureau may disclose information to a law            131          

enforcement agency OR TO A COUNTY CORONER for purposes of          132          

identification.                                                    133          

      (b)  The bureau shall disclose pursuant to a court order     136          

issued under section 3111.09 of the Revised Code any information                

necessary to determine the existence of a parent and child         139          

relationship in an action brought under sections 3111.01 to                     

3111.19 of the Revised Code.                                       140          

      (c)  The bureau may use or disclose information from the     143          

population statistics database, for identification research and    144          

protocol development, or for quality control purposes.                          

                                                          4      

                                                                 
      (3)  IF THE BUREAU OF CRIMINAL IDENTIFICATION AND            146          

INVESTIGATION ESTABLISHES AND MAINTAINS A RELATIVES OF MISSING     147          

PERSONS DATABASE, ALL OF THE FOLLOWING APPLY:                      148          

      (a)  IF A PERSON HAS DISAPPEARED AND HAS BEEN CONTINUOUSLY   151          

ABSENT FROM THE PERSON'S PLACE OF LAST DOMICILE FOR A THIRTY-DAY   152          

OR LONGER PERIOD OF TIME WITHOUT BEING HEARD FROM DURING THE                    

PERIOD, PERSONS RELATED BY CONSANGUINITY OF THE FIRST DEGREE TO    154          

THE MISSING PERSON MAY SUBMIT TO THE BUREAU A DNA SPECIMEN, THE    155          

BUREAU MAY INCLUDE THE DNA RECORD OF THE SPECIMEN IN THE           157          

RELATIVES OF MISSING PERSONS DATABASE, AND, IF THE BUREAU DOES     159          

NOT INCLUDE THE DNA RECORD OF THE SPECIMEN IN THE RELATIVES OF     160          

MISSING PERSONS DATABASE, THE BUREAU SHALL RETAIN THE DNA RECORD   161          

FOR FUTURE REFERENCE AND INCLUSION AS APPROPRIATE IN THAT          162          

DATABASE.                                                                       

      (b)  THE BUREAU SHALL NOT CHARGE A FEE FOR THE SUBMISSION    165          

OF A DNA SPECIMEN PURSUANT TO DIVISION (B)(3)(a) OF THIS SECTION.  167          

      (c)  A PHYSICIAN, REGISTERED NURSE, LICENSED PRACTICAL       170          

NURSE, DULY LICENSED CLINICAL LABORATORY TECHNICIAN, OR OTHER      171          

QUALIFIED MEDICAL PRACTITIONER SHALL CONDUCT THE COLLECTION        172          

PROCEDURE FOR THE DNA SPECIMEN SUBMITTED PURSUANT TO DIVISION      174          

(B)(3)(a) OF THIS SECTION AND SHALL COLLECT THE DNA SPECIMEN IN A  175          

MEDICALLY APPROVED MANNER.  NO LATER THAN FIFTEEN DAYS AFTER THE   176          

DATE OF THE COLLECTION OF THE DNA SPECIMEN, THE PERSON CONDUCTING  178          

THE DNA SPECIMEN COLLECTION PROCEDURE SHALL CAUSE THE DNA          180          

SPECIMEN TO BE FORWARDED TO THE BUREAU OF CRIMINAL IDENTIFICATION  182          

AND INVESTIGATION IN ACCORDANCE WITH PROCEDURES ESTABLISHED BY     183          

THE SUPERINTENDENT OF THE BUREAU UNDER DIVISION (H) OF THIS        184          

SECTION.  THE BUREAU MAY PROVIDE THE SPECIMEN VIALS, MAILING       185          

TUBES, LABELS, POSTAGE, AND INSTRUCTION NEEDED FOR THE COLLECTION  186          

AND FORWARDING OF THE DNA SPECIMEN TO THE BUREAU.                  188          

      (d)  THE SUPERINTENDENT, IN THE SUPERINTENDENT'S             190          

DISCRETION, MAY COMPARE DNA RECORDS IN THE RELATIVES OF MISSING    192          

PERSON'S DATABASE WITH THE DNA RECORDS IN THE UNIDENTIFIED PERSON  194          

DATABASE.                                                                       

                                                          5      

                                                                 
      (4) IF THE BUREAU OF CRIMINAL IDENTIFICATION AND             196          

INVESTIGATION ESTABLISHES AND MAINTAINS AN UNIDENTIFIED PERSON     197          

DATABASE AND IF THE SUPERINTENDENT OF THE BUREAU IDENTIFIES A      199          

MATCHING DNA RECORD FOR THE DNA RECORD OF A PERSON OR DECEASED     201          

PERSON WHOSE DNA RECORD IS CONTAINED IN THE UNIDENTIFIED PERSON    203          

DATABASE, THE SUPERINTENDENT SHALL INFORM THE CORONER WHO          204          

SUBMITTED OR THE LAW ENFORCEMENT AGENCY THAT SUBMITTED THE DNA     205          

SPECIMEN TO THE BUREAU OF THE MATCH AND, IF POSSIBLE, OF THE       206          

IDENTITY OF THE UNIDENTIFIED PERSON.                                            

      (5)  The bureau of criminal identification and               208          

investigation may enter into a contract with a qualified public    209          

or private laboratory to perform DNA analyses, DNA specimen        210          

maintenance, preservation, and storage, DNA record keeping, and    211          

other duties required of the bureau under this section.  A public  212          

or private laboratory under contract with the bureau shall follow  213          

quality assurance and privacy requirements established by the      214          

superintendent of the bureau.                                                   

      (C)  The superintendent of the bureau of criminal            216          

identification and investigation shall establish procedures for    217          

entering into the DNA database the DNA records submitted pursuant  219          

to sections 2151.315 and 2901.07 of the Revised Code and for       220          

determining an order of priority for entry of the DNA records      222          

based on the types of offenses committed by the persons whose      223          

records are submitted and the available resources of the bureau.                

      (D)  When a DNA record is derived from a DNA specimen        226          

provided pursuant to section 2151.315 or 2901.07 of the Revised                 

Code, the bureau of criminal identification and investigation      228          

shall attach to the DNA record personal identification             229          

information that identifies the person from whom the DNA specimen  230          

was taken.  The personal identification information may include    231          

the subject person's fingerprints and any other information the    232          

bureau determines necessary.  The DNA record and personal          233          

identification information attached to it shall be used only for   234          

the purpose of personal identification or for a purpose specified               

                                                          6      

                                                                 
in this section.                                                   235          

      (E)  DNA records and, DNA specimens, FINGERPRINTS, AND       238          

PHOTOGRAPHS that the bureau OF CRIMINAL IDENTIFICATION AND         239          

INVESTIGATION receives pursuant to this section and sections       240          

313.08, 2151.315, and 2901.07 of the Revised Code and personal     242          

identification information attached to a DNA record are not        243          

public records under section 149.43 of the Revised Code.           244          

      (F)  The bureau of criminal identification and               246          

investigation may charge a reasonable fee for providing            247          

information pursuant to this section to A COUNTY CORONER OR TO     248          

any law enforcement agency located in another state.               249          

      (G)(1)  No person who because of the person's employment or  251          

official position has access to a DNA specimen, a DNA record, or   254          

other information contained in the DNA database that identifies    256          

an individual shall knowingly disclose that specimen, record, or   257          

information to any person or agency not entitled to receive it or  259          

otherwise shall misuse that specimen, record, or information.      261          

      (2)  No person without authorization or privilege to obtain  263          

information contained in the DNA database that identifies an       265          

individual person shall purposely obtain that information.         267          

      (H)   The superintendent of the bureau of criminal           269          

identification and investigation shall establish procedures for    271          

all of the following:                                              272          

      (1)  The forwarding TO THE BUREAU of DNA specimens           274          

collected pursuant to DIVISION (H) OF THIS SECTION AND sections    276          

313.08, 2151.315, and 2901.07 of the Revised Code to the bureau    279          

AND OF FINGERPRINTS AND PHOTOGRAPHS COLLECTED PURSUANT TO SECTION  280          

313.08 OF THE REVISED CODE;                                                     

      (2)  The collection, maintenance, preservation, and          282          

analysis of DNA specimens;                                         284          

      (3)  The creation, maintenance, and operation of the DNA     286          

database;                                                          287          

      (4)  The use and dissemination of information from the DNA   289          

database;                                                          290          

                                                          7      

                                                                 
      (5)  THE CREATION, MAINTENANCE, AND OPERATION OF THE         292          

UNIDENTIFIED PERSON DATABASE;                                      293          

      (6)  THE USE AND DISSEMINATION OF INFORMATION FROM THE       295          

UNIDENTIFIED PERSON DATABASE;                                      296          

      (7)  THE CREATION, MAINTENANCE, AND OPERATION OF THE         298          

RELATIVES OF MISSING PERSONS DATABASE;                             299          

      (8)  THE USE AND DISSEMINATION OF INFORMATION FROM THE       301          

RELATIVES OF MISSING PERSONS DATABASE;                             302          

      (9)  The verification of entities requesting DNA records     304          

and other DNA information from the bureau and the authority of     306          

the entity to receive the information;                             307          

      (6)(10)  The operation of the bureau and responsibilities    309          

of employees of the bureau with respect to the activities          311          

described in this section.                                                      

      Sec. 313.08.  (A)  In counties in which a county morgue is   320          

maintained, the coroner shall be the official custodian thereof    322          

OF THE MORGUE.                                                                  

      In all cases of the finding of a dead THE body OF A          324          

DECEASED PERSON within such A county IN WHICH A COUNTY MORGUE IS   325          

MAINTAINED, when the identity of such THE deceased person is       326          

unknown, or his THE DECEASED PERSON'S relatives or other persons   328          

entitled to the custody of the body OF THE DECEASED PERSON are     329          

unknown or not present, such THE body shall be removed to the      330          

county morgue, where it shall be held for identification and       332          

disposal.                                                                       

      (B)  IF THE BODY OF A DECEASED PERSON IS NOT IDENTIFIED, A   335          

CORONER SHALL DO ALL OF THE FOLLOWING PRIOR TO DISPOSING OF THE    336          

BODY:                                                                           

      (1)  TAKE THE FINGERPRINTS OF THE BODY OF THE DECEASED       338          

PERSON, OR CAUSE THE SAME TO BE TAKEN, ACCORDING TO THE            339          

FINGERPRINT SYSTEM OF IDENTIFICATION ON THE FORMS FURNISHED BY     340          

THE SUPERINTENDENT OF THE BUREAU OF CRIMINAL IDENTIFICATION AND    341          

INVESTIGATION;                                                     342          

      (2)  TAKE OR CAUSE TO BE TAKEN ONE OR MORE PHOTOGRAPHS OF    344          

                                                          8      

                                                                 
THE BODY OF THE DECEASED PERSON;                                   345          

      (3)  COLLECT IN A MEDICALLY APPROVED MANNER A DNA SPECIMEN   348          

FROM THE BODY OF THE DECEASED PERSON;                              349          

      (4)  PROMPTLY CAUSE THE FINGERPRINTS, THE PHOTOGRAPHS, AND   351          

THE DNA SPECIMEN TO BE FORWARDED TO THE BUREAU OF CRIMINAL         353          

IDENTIFICATION AND INVESTIGATION FOR INCLUSION IN THE              354          

UNIDENTIFIED PERSON DATABASE IN ACCORDANCE WITH PROCEDURES         355          

ESTABLISHED BY THE SUPERINTENDENT OF THE BUREAU UNDER DIVISION     357          

(H) OF SECTION 109.573 OF THE REVISED CODE.  THE BUREAU SHALL      359          

PROVIDE THE FINGERPRINT FORMS, SPECIMEN VIALS, MAILING TUBES,      360          

LABELS, POSTAGE, AND INSTRUCTION NEEDED FOR THE COLLECTION AND     361          

FORWARDING TO THE BUREAU OF THE FINGERPRINTS AND THE DNA SPECIMEN  363          

AND FOR THE FORWARDING TO THE BUREAU OF THE PHOTOGRAPHS.           364          

      (C)  UPON THE REQUEST OF A CORONER WHO HAS THE DUTY TO       367          

TAKE, OR CAUSE THE TAKING OF, FINGERPRINTS AND PHOTOGRAPHS UNDER   368          

DIVISIONS (B)(1) AND (2) OF THIS SECTION, THE BUREAU OF CRIMINAL   369          

IDENTIFICATION AND INVESTIGATION SHALL TAKE, OR ASSIST IN THE      370          

TAKING OF, THE REQUIRED FINGERPRINTS AND PHOTOGRAPHS.              371          

      (D)  AS USED IN THIS SECTION, "DNA SPECIMEN" AND             374          

"UNIDENTIFIED PERSON DATABASE" HAVE THE SAME MEANINGS AS IN        375          

SECTION 109.573 OF THE REVISED CODE.                               377          

      Section 2.  That existing sections 109.52, 109.573, and      379          

313.08 of the Revised Code are hereby repealed.                    380