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
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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
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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.
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(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.
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(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
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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
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(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
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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