As Introduced

127th General Assembly Regular Session 2007-2008

H. B. No. 448

Representative Williams, S. 

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A BILL

To amend sections 313.08, 2901.41, and 2901.42 and to

1

enact sections 109.5731 and 2901.43 of the Revised

2

Code relative to missing persons in Ohio.

3

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

Section 1. That sections 313.08, 2901.41, and 2901.42 be	4
amended and sections 109.5731 and 2901.43 of the Revised Code be	5
enacted to read as follows:	6

Sec. 109.5731.  (A) As used in this section:

7

(1) "Law enforcement agency" means a police department, the	8
office of a sheriff, the state highway patrol, a county	9
prosecuting attorney, or a state or local governmental body that	10
enforces criminal laws and that has employees who have a statutory	11
power of arrest.	12

(2) "Peace officer" has the same meaning as in section	13
2935.01 of the Revised Code.	14

(B) The bureau of criminal identification and investigation	15
shall provide information to a law enforcement agency regarding	16
the best practices for handling death scene investigations. The	17
bureau shall identify any publications or training opportunities	18
that may be available to a law enforcement agency or peace officer	19
concerning the handling of death scene investigations and shall	20
inform the law enforcement agency or peace officer of the	21
existence of those available publications or training	22
opportunities.	23

Sec. 313.08.  (A) In counties in which a county morgue is	24
maintained, the coroner shall be the official custodian of the	25
morgue.	26

In all cases of the finding of the body or remains of a	27
deceased person within a county in which a county morgue is	28
maintained, when the identity of the deceased person is unknown,	29
or the deceased person's relatives or other persons entitled to	30
the custody of the body or remains of the deceased person are	31
unknown or not present, the body or remains shall be removed to	32
the county morgue, where it shall be held for identification and	33
disposal.	34

(B) The coroner shall make a reasonable attempt to promptly	35
identify the body or remains of a deceased person. The coroner may	36
use any means available in attempting to identify the body or	37
remains.	38

(C) If the coroner is unable to identify the body or remains	39
of a deceased person within thirty daystwenty-four hours after	40
the body or remains of the deceased person are delivered to the	41
coroner, the coroner shall notify the bureau of criminal	42
identification and investigation that the body or remains are	43
located in the county morgue or are in the custody of the coroner	44
and forward a DNA specimen from the body or remains of the	45
deceased person to the bureau.	46

(D) If a body or remains are discovered and delivered to the	47
coroner and the coroner is unable to determine whether or not the	48
body or remains that are discovered are the body or remains of a	49
deceased person, the coroner shall notify the bureau of criminal	50
identification and investigation of the existence of a possible	51
body or remains of a deceased person and forward a DNA specimen	52
from the body or remains to the bureau.	53

(E) If the body or remains of a deceased person are not	54
identified, in addition to providing the notice required under	55
division (C) of this section, a coroner shall do all of the	56
following prior to disposing of the body or remains:	57

(1) Take the fingerprints of the body or remains of the	58
deceased person, or cause the same to be taken, according to the	59
fingerprint system of identification on the forms furnished by the	60
superintendent of the bureau of criminal identification and	61
investigation;	62

(2) Take or cause to be taken one or more photographs of the	63
body or remains of the deceased person;	64

(3) Collect in a medically approved manner a DNA specimen	65
from the body or remains of the deceased person;	66

(4) Promptly cause the fingerprints, the photographs, and the	67
DNA specimen to be forwarded to the bureau of criminal	68
identification and investigation for inclusion in the unidentified	69
person database in accordance with procedures established by the	70
superintendent of the bureau under division (H) of section 109.573	71
of the Revised Code.	72

(F) The bureau of criminal identification and investigation	73
shall cause the fingerprints, the photographs, and the DNA	74
specimen forwarded by the coroner to the bureau pursuant to	75
division (E)(4) of this section to be forwarded to the national	76
crime information center and the national DNA index system within	77
ten days after the bureau completes the DNA analysis of the	78
forwarded DNA specimen.	79

(G) The bureau shall provide the fingerprint forms, specimen	80
vials, mailing tubes, labels, postage, and instruction needed for	81
the collection and forwarding to the bureau pursuant to division	82
(E)(4) of this section of the fingerprints and the DNA specimen	83
and for the forwarding pursuant to division (E)(4) of this section	84
to the bureau of the photographs.	85

(H) Upon the request of a coroner who has the duty to take,	86
or cause the taking of, fingerprints and photographs under	87
divisions (E)(1) and (2) of this section, the bureau of criminal	88
identification and investigation shall take, or assist in the	89
taking of, the required fingerprints and photographs.	90

(I) The coroner may submit any evidence gathered in the	91
investigation of a death to the bureau of criminal identification	92
and investigation for assistance in determining whether the death	93
resulted from criminal activity. The bureau shall assist in the	94
evaluation of evidence submitted under this division.	95

(J) The coroner may not cremate or have cremated the body or	96
remains of an unidentified deceased person.	97

(K) As used in this section, "DNA analysis," "DNA specimen,"	98
and "unidentified person database" have the same meanings as in	99
section 109.573 of the Revised Code.	100

Sec. 2901.41.  (A)(1) As used in this section and section	101
2901.42sections 2901.41 to 2901.43 of the Revised Code, "missing	102
person" means an individual who is eighteen years of age or	103
older, whose temporary or permanent residence is in Ohio, and who	104
meets one of the following characteristics:	105

(1) The individual has a physical or mental disability.

106

(2) The individual is missing under circumstances indicating	107
that the individual's safety may be in danger.	108

(3) The individual is missing under circumstances indicating	109
that the individual's disappearance was not voluntary"law	110
enforcement agency" has the same meaning as in section 109.573,	111
of the Revised Code.	112

(2) As used in this section, "DNA specimen" has the same	113
meaning as in section 109.573 of the Revised Code.	114

(B) The attorney general shall publish and distribute to all	115
law enforcement agencies in this state a best practices protocol	116
for addressing reports of missing persons. Upon receipt of the	117
best practices protocol from the attorney general, eachWhen a law	118
enforcement agency in this state shall develop and adopt a written	119
policy establishing reasonable procedures to be followed bythat	120
has jurisdiction in the matter is informed that a person is or may	121
be a missing person and that the person providing the information	122
wishes to file a missing person report, the law enforcement	123
agency when the agency is informed that a person is or may be a	124
missing personshall take that report. Upon taking the report, the	125
law enforcement agency shall take prompt action upon the report,	126
including, but not limited to, concerted efforts to locate the	127
missing person. No law enforcement agency in this state shall	128
refuse to take a missing person report for any reason, including	129
but not limited to, the following:	130

(1) The missing person is an adult.

132

(2) The circumstances surrounding the disappearance of the	133
person do not indicate foul play.	134

(3) The person has been missing for a short period of time.

135

(4) The person has been missing for a long period of time.

136

(5) There is no indication that the missing person was in the	137
jurisdiction of the law enforcement agency at the time of the	138
missing person's disappearance.	139

(6) The circumstances suggest that the missing person's	140
disappearance was voluntary.	141

(7) The person reporting the disappearance of the missing	142
person does not have personal knowledge of the facts surrounding	143
the missing person's disappearance.	144

(8) The person reporting the disappearance of the missing	145
person cannot provide all of the information requested by the law	146
enforcement agency.	147

(9) The person reporting the disappearance of the missing	148
person lacks a familial or other relationship with the missing	149
person.	150

(C) After aA law enforcement agency adopts a written policy	151
as required byto accept a missing person report under division	152
(B) of this section, the peace officers that are employed by	153
that agency shall make a good faith effort to follow the	154
procedures contained in the policyaccept the report in person,	155
by telephone, or in any other means to the extent that the	156
report is consistent with the law enforcement agency's policies	157
or practices.	158

(D) The requirements ofIn accepting a report of a missing	159
person under this section do not create a private cause of action	160
for damages against the state or any, a law enforcement agency,	161
political subdivision, peace officer, or other person who fails	162
to comply with the requirements of this sectionshall attempt to	163
gather relevant information from the person reporting the	164
disappearance of the missing person relating to the disappearance	165
of the missing person and integrate it into the national crime	166
information center computer within twelve hours following the	167
making of the report. The law enforcement agency, at the time of	168
the report, shall attempt to gather information with regards to	169
the missing person that shall include, but not be limited to, all	170
of the following:	171

(1) The missing person's name, including alternative names,	172
date of birth, identifying marks, height and weight, gender, race,	173
current hair color as well as natural hair color, eye color,	174
prosthetics, surgical implants, or cosmetic implants, if	175
applicable, physical anomalies, blood type, if known, driver's	176
license number, if known, social security number, if known, a	177
photograph, preferably recent, of the missing person and the date	178
of the photograph if known, a description of the clothing the	179
missing person was believed to be wearing, and a description of	180
items that may be with the missing person;	181

(2) Information regarding the missing person's electronic	182
communications devices, including, but not limited to, cellular	183
phone numbers and electronic mail addresses;	184

(3) The reasons why the reporting person believes the missing	185
person is missing;	186

(4) The name and location of the missing person's school or	187
employer, if known;	188

(5) The name and location of the missing person's primary	189
care physician or dentist, if known;	190

(6) Any circumstances that may indicate that the missing	191
person's disappearance was not voluntary or that the missing	192
person may be at risk of injury or death;	193

(7) A description of the possible means of transportation of	194
the missing person, including, but not limited to, the make,	195
model, color, license plate number, or vehicle identification	196
number of a motor vehicle;	197

(8) Any identifying information about a person who is the	198
known or possible abductor or who was last seen with the missing	199
person, including, but not limited to, all of the following:	200

(a) The person's name;

201

(b) A physical description of the person;

202

(c) The person's date of birth, if known;

203

(d) Identifying marks on the person;

204

(e) A description of a possible means of transportation of	205
the person, including the make, model, color, license plate	206
number, or vehicle identification number of a motor vehicle, if	207
known;	208

(f) Any known associates of the person;

209

(9) The date of the reporting person's last contact with the	210
missing person;	211

(10) Any other information that the reporting person believes	212
is relevant.	213

(E) Upon the filing of a missing person's report under this	214
section, the law enforcement agency involved shall do all of the	215
following for the person making the report, a family member of the	216
missing person, or any other person in a position to assist the	217
law enforcement agency in the law enforcement agency's efforts to	218
locate the missing person:	219

(1) Provide to the person general information about the law	220
enforcement agency's handling of the missing person's case or	221
about intended efforts in the case to the extent that the law	222
enforcement agency determines that disclosure of certain	223
information would not adversely affect the law enforcement	224
agency's ability to locate or protect the missing person or its	225
ability to apprehend or prosecute any person who is involved in	226
the missing person's disappearance.	227

(2) Inform the person making the report that the person shall	228
promptly contact the law enforcement agency if the missing person	229
remains missing, to provide additional information and materials	230
that will aid the law enforcement agency in locating the missing	231
person, including credit cards or debit cards that the missing	232
person may have access to and records of the missing person's	233
cellular phone usage;	234

(3) Inform the person making the report that any DNA samples	235
provided for the missing person's case are on a voluntary basis	236
and those samples will be used solely to aid in the location or	237
identification of the missing person;	238

(4) Make available to the person informational materials that	239
advise the public on how the information or materials described in	240
divisions (E)(1), (2), and (3) of this section are used to aid in	241
the location or identification of missing persons.	242

(F) If a law enforcement agency takes a missing person report	243
under this section and if the missing person remains missing after	244
thirty days, the law enforcement agency shall attempt to obtain	245
all of the following information that it has not received prior to	246
the expiration of that thirty-day period:	247

(1) DNA specimens from the missing person or from persons	248
related by consanguinity to the missing person pursuant to	249
division (B)(3) of section 109.573 of the Revised Code, together	250
with any documentation and authorizations required for the entry	251
of the DNA information into state and federal DNA databases;	252

(2) An authorization from an appropriate person to release	253
dental or skeletal x-rays of the missing person;	254

(3) Any additional photographs of the missing person that may	255
aid the law enforcement agency in the investigation or	256
identification of the missing person;	257

(4) Dental information and x-rays of the missing person;

258

(5) Fingerprints of the missing person.

259

(G)(1) A law enforcement agency that receives a missing	260
person report under this section shall submit to the federal	261
bureau of investigation, by entry into an appropriate electronic	262
database or by submission by other appropriate means to the bureau	263
of criminal identification and investigation, any information the	264
law enforcement agency receives under this section that is	265
relevant to the federal bureau of investigation's violent criminal	266
apprehension program as soon as possible.	267

(2) A law enforcement agency that receives a missing person	268
report under this section is not required to obtain written	269
authorization before the law enforcement agency publicly releases	270
any photograph that would aid the law enforcement agency in the	271
investigation or identification of the missing person.	272

(H) A law enforcement agency that enters medical or dental	273
information pertaining to a missing person into a state or federal	274
database shall ensure that the person who enters the information	275
is specifically trained to understand the information and to enter	276
it correctly.	277

(I) This section shall not be interpreted to preclude a law	278
enforcement agency from attempting to obtain the information	279
described in division (F) of this section prior to the expiration	280
of the thirty-day period described in that division.	281

Sec. 2901.42.  (A) If a law enforcement agency receives a	282
report that a person is missing and if there is evidence that the	283
person was a victim of foul play at the time the victim is	284
reported missing, the law enforcement agency shall make available	285
through the law enforcement automated data system all information	286
contained in the report not later than seven days after the law	287
enforcement agency receives the report. If there is no evidence	288
that the person was a victim of foul play, the law enforcement	289
agency shall make the information available in the law enforcement	290
automated data system not later than thirty days after receiving	291
the report that the person is missingAs used in this section,	292
"high-risk missing person" means an individual whose whereabouts	293
are not currently known and in relation to whom the circumstances	294
present indicate that the individual may be at risk of injury or	295
death. The circumstances that indicate that an individual may be	296
at risk of injury or death and is a "high-risk missing person"	297
include, but are not limited to, any of the following:	298

(1) The person is missing as a result of a kidnapping or	299
abduction by a stranger.	300

(2) The person is missing under suspicious circumstances.

301

(3) The person is missing under unknown circumstances.

302

(4) The person is missing under known dangerous	303
circumstances.	304

(5) The person has been missing more than thirty days.

305

(6) The person has already been designated as a "high-risk	306
missing person" by another law enforcement agency in this state or	307
any other state that has a similar law.	308

(7) There is evidence that the person is at risk of injury or	309
death because of any of the following:	310

(a) The missing person requires medical attention or	311
prescription medication.	312

(b) The missing person does not have a previous history of	313
running away or disappearing.	314

(c) The missing person may have been kidnapped or abducted by	315
a non-custodial parent.	316

(d) The missing person is mentally impaired.

317

(e) The missing person is under twenty-one years of age.

318

(f) The missing person has been the victim of past threats or	319
acts of violence.	320

(8) Any other factors that, in the opinion of the law	321
enforcement agency, may determine that the missing person may be	322
at risk of injury or death.	323

(B) If a(1) Upon the initial receipt of a missing person	324
report, the law enforcement agency receives a report that a	325
person isimmediately shall determine whether there is a basis to	326
believe that the missing and there is no evidence of foul play at	327
the time the agency receives the report and if the agency	328
discovers after the law enforcement agency receives the report	329
but before the end of the seven-day period under division (A) of	330
this section evidence that the person who is a high-risk missing	331
was a victim of foul play, the law enforcement agency shall make	332
available through the law enforcement automated data system all	333
information contained in the report by the end of that seven-day	334
period. If a law enforcement agency receives a report that a	335
person is missing and there is no evidence of foul play at the	336
time the agency receives the report and if the agency discovers	337
after the end of the seven-day period under division (A) of this	338
section evidence that the person who is missing was a victim of	339
foul play, the law enforcement agency shall make available	340
through the law enforcement automated data system all information	341
contained in the report not later than forty-eight hours after	342
discovering the evidence that the person was a victim of foul	343
play.	344

(C) If a law enforcement agency pursuant to divisions (A) and	345
(B) of this section made available through the law enforcement	346
automated data system information contained in a report that a	347
person is missing and the missing person is found, the agency	348
shall promptly remove that information from the law enforcement	349
automated data system.	350

(D) As used in this section, indicators that a person was a	351
victim of "foul play" include, but are not limited to, evidence	352
that the person's home or car is in disarray, evidence of a	353
struggle between the person and another person, or evidence a law	354
enforcement agency determines to be foul play through the written	355
policy the law enforcement agency develops and adopts pursuant to	356
division (B) of section 2901.41 of the Revised Code.	357

(2) If a law enforcement agency previously has determined	358
that a missing person is not a high-risk missing person, but the	359
law enforcement agency obtains new information regarding the	360
missing person, the law enforcement agency immediately shall	361
determine whether the new information provided to the law	362
enforcement agency indicates that the missing person is a	363
high-risk missing person.	364

(3) A law enforcement agency's determination under this	365
section as to whether or not a missing person is a high-risk	366
missing person shall be performed not later than seventy-two hours	367
after the initial missing person report was made or the new	368
information regarding the missing person was provided to the law	369
enforcement agency.	370

(4) When a law enforcement agency determines that a missing	371
person is a high-risk missing person, the law enforcement agency	372
promptly shall issue an Amber alert if the activation criteria for	373
an Amber alert are met or, if those criteria are not met, shall	374
provide for the public dissemination of photographs of the missing	375
person in accordance with any applicable state criteria.	376

(5) A law enforcement agency shall establish written	377
procedures for the handling of missing person reports to	378
accomplish the purpose of this section.	379

Sec. 2901.43.  (A) As used in this section, "DNA analysis"	380
and "DNA specimen" have the same meanings as in section 109.573 of	381
the Revised Code.	382

(B) When a law enforcement agency determines pursuant to	383
section 2901.42 of the Revised Code that a missing person is a	384
high-risk missing person, the law enforcement agency shall notify	385
the bureau of criminal identification and investigation and	386
immediately shall provide to the bureau the information that is	387
most likely to aid the bureau in the location and safe return of	388
the high-risk missing person. The law enforcement agency shall	389
provide to the bureau, as soon as is practicable, all other	390
information the law enforcement agency obtains in relation to the	391
missing person case.	392

(C) Upon its receipt of information under division (B) of	393
this section, the bureau of criminal identification and	394
investigation immediately shall notify all law enforcement	395
agencies in this state and, if practicable, law enforcement	396
agencies in neighboring states of the information that will aid	397
the law enforcement agencies in the prompt location and safe	398
return of the high-risk missing person to whom the information	399
pertains.	400

(D) A law enforcement agency that receives the notification	401
described in division (C) of this section shall notify the	402
agency's peace officers to keep watch for the high-risk missing	403
person and to exercise diligence in attempting to locate the	404
high-risk missing person or the person's abductor.	405

(E) A law enforcement agency that provides information under	406
division (B) of this section immediately shall enter all collected	407
information regarding the high-risk missing person into the	408
national crime information center database, the national DNA index	409
system, and the relatives of missing persons database. If the law	410
enforcement agency does not have the capability to enter this	411
information directly into the national crime information center	412
database or the national DNA index system, the bureau of criminal	413
identification and investigation immediately shall enter that	414
information into the national crime information center database or	415
the national DNA index system. The law enforcement agency	416
immediately shall also enter all collected information regarding a	417
missing person into the national crime information center	418
database, the national DNA index system, and the relatives of	419
missing persons database. If the law enforcement agency does not	420
have the capability to enter this information directly into the	421
national crime information center database or the national DNA	422
index system, the bureau of criminal identification and	423
investigation immediately shall enter that information into the	424
national crime information center database or the national DNA	425
index system. The information shall be entered as follows:	426

(1) If the missing person is a high-risk missing person, the	427
law enforcement agency or the bureau of criminal identification	428
and investigation shall enter the missing person report regarding	429
the high-risk missing person and all relevant information provided	430
in the report in the national crime information center database.	431
The agency or bureau shall enter the report and information not	432
later than two hours after the determination by the law	433
enforcement agency that the person is a high-risk missing person.	434
The law enforcement agency or the bureau of criminal	435
identification and investigation shall enter any supplemental	436
information regarding a high-risk missing person into the database	437
as soon as practicable. If the missing person is not a high-risk	438
missing person, the law enforcement agency or the bureau of	439
criminal identification and investigation shall enter the missing	440
person's report and all relevant information provided in the	441
report in the national crime information center database within	442
twenty-four hours after the law enforcement agency or the bureau	443
receives the missing person's report.	444

(2) The law enforcement agency or the bureau of criminal	445
identification and investigation shall enter all relevant DNA	446
records into the relatives of missing persons database and the	447
national DNA index system database after the completion of the DNA	448
analysis of the DNA specimen.	449

(F) The law enforcement agency or the bureau of criminal	450
identification and investigation shall submit to the federal	451
bureau of investigation any relevant information regarding a	452
high-risk missing person or a missing person as soon as possible.	453

Section 2.  That existing sections 313.08, 2901.41, and	454
2901.42 of the Revised Code are hereby repealed.	455

Section 3.  Section 313.08 of the Revised Code is presented	456
in this act as a composite of the section as amended by both Am.	457
Sub. H.B. 235 and H.B. 571 of the 126th General Assembly. The	458
General Assembly, applying the principle stated in division (B) of	459
section 1.52 of the Revised Code that amendments are to be	460
harmonized if reasonably capable of simultaneous operation, finds	461
that the composite is the resulting version of the section in	462
effect prior to the effective date of the section as presented in	463
this act.	464