As Passed by the House 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-REPRESENTATIVES WILLAMOWSKI-GARCIA-TAYLOR- 9
MASON-HAINES-GRENDELL-SCHULER-REID-BRADING-OLMAN- 10
HARRIS-PERZ-CORBIN-ROMAN-OPFER-KRUPINSKI-WILSON-VESPER- 11
O'BRIEN-METZGER-PRENTISS-COLONNA-SULZER-VERICH-HOUSEHOLDER 12
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A B I L L
To amend sections 109.573 and 313.08 of the Revised 16
Code to require coroners to submit DNA specimens, 17
photographs, and fingerprints of unidentified 18
dead bodies to the Bureau of Criminal 19
Identification and Investigation for inclusion in 20
its unidentified person database, to authorize 21
the Bureau of Criminal Identification and 22
Investigation to establish a relatives of missing 23
persons database and to compare the relatives of 24
missing persons database with the unidentified 25
person database, and to require the Bureau of 26
Criminal Identification and Investigation to 27
notify the coroner or law enforcement agency that 28
submitted an unidentified person's DNA specimen 29
if the person is identified. 30
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 32
Section 1. That sections 109.573 and 313.08 of the Revised 34
Code be amended to read as follows: 35
Sec. 109.573. (A) As used in this section: 44
(1) "DNA" means human deoxyribonucleic acid. 46
(2) "DNA analysis" means a laboratory analysis of a DNA 48
specimen to identify DNA characteristics and to create a DNA 50
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record.
(3) "DNA database" means a collection of DNA records from 53
forensic casework or from crime scenes, specimens from anonymous
and unidentified sources, and records collected pursuant to 55
sections 2151.315 and 2901.07 of the Revised Code and a 56
population statistics database for determining the frequency of 57
occurrence of characteristics in DNA records. 58
(4) "DNA record" means the objective result of a DNA 60
analysis of a DNA specimen, including representations of DNA 62
fragment lengths, digital images of autoradiographs, discrete
allele assignment numbers, and other DNA specimen characteristics 63
that aid in establishing the identity of an individual. 64
(5) "DNA specimen" includes human blood cells or 66
physiological tissues or body fluids. 67
(6) "Unidentified person database" means a collection of 69
DNA records, AND, ON AND AFTER THE EFFECTIVE DATE OF THIS 71
AMENDMENT, OF FINGERPRINT AND PHOTOGRAPH RECORDS, of unidentified 72
human corpses, human remains, or living individuals. 75
(7) "RELATIVES OF MISSING PERSONS DATABASE" MEANS A 77
COLLECTION OF DNA RECORDS OF PERSONS RELATED BY CONSANGUINITY OF 79
THE FIRST DEGREE TO A MISSING PERSON. 80
(8) "Law enforcement agency" means a police department, 82
the office of a sheriff, the state highway patrol, a county 83
prosecuting attorney, or a federal, state, or local governmental 84
body that enforces criminal laws and that has employees who have 85
a statutory power of arrest. 86
(B)(1) The superintendent of the bureau of criminal 88
identification and investigation may do all of the following: 89
(a) Establish and maintain a state DNA laboratory to 92
perform DNA analysis of DNA specimens; 93
(b) Establish and maintain a DNA database; 96
(c) Establish and maintain an unidentified person database 99
to aid in the establishment of the identity of unknown human 100
corpses, human remains, or living individuals; 102
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(d) ESTABLISH AND MAINTAIN A RELATIVES OF MISSING PERSONS 105
DATABASE FOR COMPARISON WITH THE UNIDENTIFIED PERSON DATABASE TO 106
AID IN THE ESTABLISHMENT OF THE IDENTITY OF UNKNOWN HUMAN 107
CORPSES, HUMAN REMAINS, AND LIVING INDIVIDUALS.
(2) If the bureau of criminal identification and 109
investigation establishes and maintains a DNA laboratory and a 110
DNA database, the bureau may use or disclose information 111
regarding DNA records for the following purposes: 113
(a) The bureau may disclose information to a law 115
enforcement agency for purposes of identification. 117
(b) The bureau shall disclose pursuant to a court order 120
issued under section 3111.09 of the Revised Code any information
necessary to determine the existence of a parent and child 123
relationship in an action brought under sections 3111.01 to
3111.19 of the Revised Code. 124
(c) The bureau may use or disclose information from the 127
population statistics database, for identification research and 128
protocol development, or for quality control purposes.
(3) IF THE BUREAU OF CRIMINAL IDENTIFICATION AND 130
INVESTIGATION ESTABLISHES AND MAINTAINS A RELATIVES OF MISSING 131
PERSONS DATABASE, ALL OF THE FOLLOWING APPLY: 132
(a) IF A PERSON HAS DISAPPEARED AND HAS BEEN CONTINUOUSLY 135
ABSENT FROM THE PERSON'S PLACE OF LAST DOMICILE FOR A THIRTY-DAY 136
OR LONGER PERIOD OF TIME WITHOUT BEING HEARD FROM DURING THE
PERIOD, PERSONS RELATED BY CONSANGUINITY OF THE FIRST DEGREE TO 138
THE MISSING PERSON MAY SUBMIT TO THE BUREAU A DNA SPECIMEN, THE 139
BUREAU MAY INCLUDE THE DNA RECORD OF THE SPECIMEN IN THE 141
RELATIVES OF MISSING PERSONS DATABASE, AND, IF THE BUREAU DOES 143
NOT INCLUDE THE DNA RECORD OF THE SPECIMEN IN THE RELATIVES OF 144
MISSING PERSONS DATABASE, THE BUREAU SHALL RETAIN THE DNA RECORD 145
FOR FUTURE REFERENCE AND INCLUSION AS APPROPRIATE IN THAT 146
DATABASE.
(b) THE BUREAU SHALL NOT CHARGE A FEE FOR THE SUBMISSION 149
OF A DNA SPECIMEN PURSUANT TO DIVISION (B)(3)(a) OF THIS SECTION. 151
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(c) A PHYSICIAN, REGISTERED NURSE, LICENSED PRACTICAL 154
NURSE, DULY LICENSED CLINICAL LABORATORY TECHNICIAN, OR OTHER 155
QUALIFIED MEDICAL PRACTITIONER SHALL CONDUCT THE COLLECTION 156
PROCEDURE FOR THE DNA SPECIMEN SUBMITTED PURSUANT TO DIVISION 158
(B)(3)(a) OF THIS SECTION AND SHALL COLLECT THE DNA SPECIMEN IN A 159
MEDICALLY APPROVED MANNER. NO LATER THAN FIFTEEN DAYS AFTER THE 160
DATE OF THE COLLECTION OF THE DNA SPECIMEN, THE PERSON CONDUCTING 162
THE DNA SPECIMEN COLLECTION PROCEDURE SHALL CAUSE THE DNA 164
SPECIMEN TO BE FORWARDED TO THE BUREAU OF CRIMINAL IDENTIFICATION 166
AND INVESTIGATION IN ACCORDANCE WITH PROCEDURES ESTABLISHED BY 167
THE SUPERINTENDENT OF THE BUREAU UNDER DIVISION (H) OF THIS 168
SECTION. THE BUREAU MAY PROVIDE THE SPECIMEN VIALS, MAILING 169
TUBES, LABELS, POSTAGE, AND INSTRUCTION NEEDED FOR THE COLLECTION 170
AND FORWARDING OF THE DNA SPECIMEN TO THE BUREAU. 172
(d) THE SUPERINTENDENT, IN THE SUPERINTENDENT'S 174
DISCRETION, MAY COMPARE DNA RECORDS IN THE RELATIVES OF MISSING 176
PERSONS DATABASE WITH THE DNA RECORDS IN THE UNIDENTIFIED PERSON 178
DATABASE.
(4) IF THE BUREAU OF CRIMINAL IDENTIFICATION AND 180
INVESTIGATION ESTABLISHES AND MAINTAINS AN UNIDENTIFIED PERSON 181
DATABASE AND IF THE SUPERINTENDENT OF THE BUREAU IDENTIFIES A 183
MATCHING DNA RECORD FOR THE DNA RECORD OF A PERSON OR DECEASED 185
PERSON WHOSE DNA RECORD IS CONTAINED IN THE UNIDENTIFIED PERSON 187
DATABASE, THE SUPERINTENDENT SHALL INFORM THE CORONER WHO 188
SUBMITTED OR THE LAW ENFORCEMENT AGENCY THAT SUBMITTED THE DNA 189
SPECIMEN TO THE BUREAU OF THE MATCH AND, IF POSSIBLE, OF THE 190
IDENTITY OF THE UNIDENTIFIED PERSON.
(5) The bureau of criminal identification and 192
investigation may enter into a contract with a qualified public 193
or private laboratory to perform DNA analyses, DNA specimen 194
maintenance, preservation, and storage, DNA record keeping, and 195
other duties required of the bureau under this section. A public 196
or private laboratory under contract with the bureau shall follow 197
quality assurance and privacy requirements established by the 198
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superintendent of the bureau.
(C) The superintendent of the bureau of criminal 200
identification and investigation shall establish procedures for 201
entering into the DNA database the DNA records submitted pursuant 203
to sections 2151.315 and 2901.07 of the Revised Code and for 204
determining an order of priority for entry of the DNA records 206
based on the types of offenses committed by the persons whose 207
records are submitted and the available resources of the bureau.
(D) When a DNA record is derived from a DNA specimen 210
provided pursuant to section 2151.315 or 2901.07 of the Revised
Code, the bureau of criminal identification and investigation 212
shall attach to the DNA record personal identification 213
information that identifies the person from whom the DNA specimen 214
was taken. The personal identification information may include 215
the subject person's fingerprints and any other information the 216
bureau determines necessary. The DNA record and personal 217
identification information attached to it shall be used only for 218
the purpose of personal identification or for a purpose specified
in this section. 219
(E) DNA records and, DNA specimens, FINGERPRINTS, AND 222
PHOTOGRAPHS that the bureau OF CRIMINAL IDENTIFICATION AND 223
INVESTIGATION receives pursuant to this section and sections 224
313.08, 2151.315, and 2901.07 of the Revised Code and personal 226
identification information attached to a DNA record are not 227
public records under section 149.43 of the Revised Code. 228
(F) The bureau of criminal identification and 230
investigation may charge a reasonable fee for providing 231
information pursuant to this section to any law enforcement 232
agency located in another state. 233
(G)(1) No person who because of the person's employment or 235
official position has access to a DNA specimen, a DNA record, or 238
other information contained in the DNA database that identifies 240
an individual shall knowingly disclose that specimen, record, or 241
information to any person or agency not entitled to receive it or 243
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otherwise shall misuse that specimen, record, or information. 245
(2) No person without authorization or privilege to obtain 247
information contained in the DNA database that identifies an 249
individual person shall purposely obtain that information. 251
(H) The superintendent of the bureau of criminal 253
identification and investigation shall establish procedures for 255
all of the following: 256
(1) The forwarding TO THE BUREAU of DNA specimens 258
collected pursuant to DIVISION (H) OF THIS SECTION AND sections 260
313.08, 2151.315, and 2901.07 of the Revised Code to the bureau 263
AND OF FINGERPRINTS AND PHOTOGRAPHS COLLECTED PURSUANT TO SECTION 264
313.08 OF THE REVISED CODE;
(2) The collection, maintenance, preservation, and 266
analysis of DNA specimens; 268
(3) The creation, maintenance, and operation of the DNA 270
database; 271
(4) The use and dissemination of information from the DNA 273
database; 274
(5) THE CREATION, MAINTENANCE, AND OPERATION OF THE 276
UNIDENTIFIED PERSON DATABASE; 277
(6) THE USE AND DISSEMINATION OF INFORMATION FROM THE 279
UNIDENTIFIED PERSON DATABASE; 280
(7) THE CREATION, MAINTENANCE, AND OPERATION OF THE 282
RELATIVES OF MISSING PERSONS DATABASE; 283
(8) THE USE AND DISSEMINATION OF INFORMATION FROM THE 285
RELATIVES OF MISSING PERSONS DATABASE; 286
(9) The verification of entities requesting DNA records 288
and other DNA information from the bureau and the authority of 290
the entity to receive the information; 291
(6)(10) The operation of the bureau and responsibilities 293
of employees of the bureau with respect to the activities 295
described in this section.
Sec. 313.08. (A) In counties in which a county morgue is 304
maintained, the coroner shall be the official custodian thereof 306
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OF THE MORGUE.
In all cases of the finding of a dead THE body OF A 308
DECEASED PERSON within such A county IN WHICH A COUNTY MORGUE IS 309
MAINTAINED, when the identity of such THE deceased person is 310
unknown, or his THE DECEASED PERSON'S relatives or other persons 312
entitled to the custody of the body OF THE DECEASED PERSON are 313
unknown or not present, such THE body shall be removed to the 314
county morgue, where it shall be held for identification and 316
disposal.
(B) IF THE BODY OF A DECEASED PERSON IS NOT IDENTIFIED, A 319
CORONER SHALL DO ALL OF THE FOLLOWING PRIOR TO DISPOSING OF THE 320
BODY:
(1) TAKE THE FINGERPRINTS OF THE BODY OF THE DECEASED 322
PERSON, OR CAUSE THE SAME TO BE TAKEN, ACCORDING TO THE 323
FINGERPRINT SYSTEM OF IDENTIFICATION ON THE FORMS FURNISHED BY 324
THE SUPERINTENDENT OF THE BUREAU OF CRIMINAL IDENTIFICATION AND 325
INVESTIGATION; 326
(2) TAKE OR CAUSE TO BE TAKEN ONE OR MORE PHOTOGRAPHS OF 328
THE BODY OF THE DECEASED PERSON; 329
(3) COLLECT IN A MEDICALLY APPROVED MANNER A DNA SPECIMEN 332
FROM THE BODY OF THE DECEASED PERSON; 333
(4) PROMPTLY CAUSE THE FINGERPRINTS, THE PHOTOGRAPHS, AND 335
THE DNA SPECIMEN TO BE FORWARDED TO THE BUREAU OF CRIMINAL 337
IDENTIFICATION AND INVESTIGATION FOR INCLUSION IN THE 338
UNIDENTIFIED PERSON DATABASE IN ACCORDANCE WITH PROCEDURES 339
ESTABLISHED BY THE SUPERINTENDENT OF THE BUREAU UNDER DIVISION 341
(H) OF SECTION 109.573 OF THE REVISED CODE. THE BUREAU SHALL 343
PROVIDE THE FINGERPRINT FORMS, SPECIMEN VIALS, MAILING TUBES, 344
LABELS, POSTAGE, AND INSTRUCTION NEEDED FOR THE COLLECTION AND 345
FORWARDING TO THE BUREAU OF THE FINGERPRINTS AND THE DNA SPECIMEN 347
AND FOR THE FORWARDING TO THE BUREAU OF THE PHOTOGRAPHS. 348
(C) UPON THE REQUEST OF A CORONER WHO HAS THE DUTY TO 351
TAKE, OR CAUSE THE TAKING OF, FINGERPRINTS AND PHOTOGRAPHS UNDER 352
DIVISIONS (B)(1) AND (2) OF THIS SECTION, THE BUREAU OF CRIMINAL 353
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IDENTIFICATION AND INVESTIGATION SHALL TAKE, OR ASSIST IN THE 354
TAKING OF, THE REQUIRED FINGERPRINTS AND PHOTOGRAPHS. 355
(D) AS USED IN THIS SECTION, "DNA SPECIMEN" AND 358
"UNIDENTIFIED PERSON DATABASE" HAVE THE SAME MEANINGS AS IN 359
SECTION 109.573 OF THE REVISED CODE. 361
Section 2. That existing sections 109.573 and 313.08 of 363
the Revised Code are hereby repealed. 364