As Introduced

128th General Assembly Regular Session 2009-2010

S. B. No. 77

Senator Goodman 

Cosponsors: Senators Seitz, Miller, R., Stewart, Schuring 

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A BILL

To amend sections 109.573, 2901.07, 2953.21, 2953.23,

1

2953.71, 2953.72, 2953.73, 2953.74, 2953.75,

2

2953.76, 2953.77, 2953.78, 2953.79, 2953.81,

3

2953.83, and 2953.84, to enact sections 105.912,

4

109.561, 2933.81, 2933.82, and 2933.83, and to

5

repeal section 2953.82 of the Revised Code

6

relative to the expansion of DNA testing for

7

certain convicted felons, the elimination of the

8

DNA testing mechanism for felons who pleaded

9

guilty or no contest to the offense, the

10

collection of DNA specimens from all persons

11

eighteen years of age or older who are arrested

12

for a felony offense, the preservation and

13

accessibility of biological evidence in a

14

criminal or delinquency investigation or

15

proceeding, the improvement of eyewitness

16

identification procedures, and the electronic or

17

audio recording of custodial interrogations.

18

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

Section 1. That sections 109.573, 2901.07, 2953.21, 2953.23,	19
2953.71, 2953.72, 2953.73, 2953.74, 2953.75, 2953.76, 2953.77,	20
2953.78, 2953.79, 2953.81, 2953.83, and 2953.84 be amended and	21
sections 105.912, 109.561, 2933.81, 2933.82, and 2933.83 of the	22
Revised Code be enacted to read as follows:	23

Sec. 105.912.  The Ohio judicial conference shall develop the	24
forms regarding custodial interrogations that are described in	25
division (F) of section 2933.81 of the Revised Code, distribute	26
copies of the forms as specified in that division, and monitor	27
compliance with the recording requirement in division (B) of that	28
section as specified in division (F) of that section.	29

Sec. 109.561.  There is hereby established within the bureau	30
of criminal identification and investigation a preservation of	31
biological evidence task force. The task force shall consist of	32
officers and employees of the bureau. The task force shall perform	33
the duties and functions specified in division (D) of section	34
2933.82 of the Revised Code.	35

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

36

(1) "DNA" means human deoxyribonucleic acid.

37

(2) "DNA analysis" means a laboratory analysis of a DNA	38
specimen to identify DNA characteristics and to create a DNA	39
record.	40

(3) "DNA database" means a collection of DNA records from	41
forensic casework or from crime scenes, specimens from anonymous	42
and unidentified sources, and records collected pursuant to	43
sections 2152.74 and 2901.07 of the Revised Code and a population	44
statistics database for determining the frequency of occurrence of	45
characteristics in DNA records.	46

(4) "DNA record" means the objective result of a DNA analysis	47
of a DNA specimen, including representations of DNA fragment	48
lengths, digital images of autoradiographs, discrete allele	49
assignment numbers, and other DNA specimen characteristics that	50
aid in establishing the identity of an individual.	51

(5) "DNA specimen" includes human blood cells or	52
physiological tissues or body fluids.	53

(6) "Unidentified person database" means a collection of DNA	54
records, and, on and after May 21, 1998, of fingerprint and	55
photograph records, of unidentified human corpses, human remains,	56
or living individuals.	57

(7) "Relatives of missing persons database" means a	58
collection of DNA records of persons related by consanguinity to a	59
missing person.	60

(8) "Law enforcement agency" means a police department, the	61
office of a sheriff, the state highway patrol, a county	62
prosecuting attorney, or a federal, state, or local governmental	63
body that enforces criminal laws and that has employees who have a	64
statutory power of arrest.	65

(9) "Administration of criminal justice" means the	66
performance of detection, apprehension, detention, pretrial	67
release, post-trial release, prosecution, adjudication,	68
correctional supervision, or rehabilitation of accused persons or	69
criminal offenders. "Administration of criminal justice" also	70
includes criminal identification activities and the collection,	71
storage, and dissemination of criminal history record information.	72

(B)(1) The superintendent of the bureau of criminal	73
identification and investigation may do all of the following:	74

(a) Establish and maintain a state DNA laboratory to perform	75
DNA analyses of DNA specimens;	76

(b) Establish and maintain a DNA database;

77

(c) Establish and maintain an unidentified person database to	78
aid in the establishment of the identity of unknown human corpses,	79
human remains, or living individuals;	80

(d) Establish and maintain a relatives of missing persons	81
database for comparison with the unidentified person database to	82
aid in the establishment of the identity of unknown human corpses,	83
human remains, and living individuals.	84

(2) If the bureau of criminal identification and	85
investigation establishes and maintains a DNA laboratory and a DNA	86
database, the bureau may use or disclose information regarding DNA	87
records for the following purposes:	88

(a) The bureau may disclose information to a law enforcement	89
agency for the administration of criminal justice.	90

(b) The bureau shall disclose pursuant to a court order	91
issued under section 3111.09 of the Revised Code any information	92
necessary to determine the existence of a parent and child	93
relationship in an action brought under sections 3111.01 to	94
3111.18 of the Revised Code.	95

(c) The bureau may use or disclose information from the	96
population statistics database, for identification research and	97
protocol development, or for quality control purposes.	98

(3) If the bureau of criminal identification and	99
investigation establishes and maintains a relatives of missing	100
persons database, all of the following apply:	101

(a) If a person has disappeared and has been continuously	102
absent from the person's place of last domicile for a thirty-day	103
or longer period of time without being heard from during the	104
period, persons related by consanguinity to the missing person may	105
submit to the bureau a DNA specimen, the bureau may include the	106
DNA record of the specimen in the relatives of missing persons	107
database, and, if the bureau does not include the DNA record of	108
the specimen in the relatives of missing persons database, the	109
bureau shall retain the DNA record for future reference and	110
inclusion as appropriate in that database.	111

(b) The bureau shall not charge a fee for the submission of a	112
DNA specimen pursuant to division (B)(3)(a) of this section.	113

(c) If the DNA specimen submitted pursuant to division	114
(B)(3)(a) of this section is collected by withdrawing blood from	115
the person or a similarly invasive procedure, a physician,	116
registered nurse, licensed practical nurse, duly licensed clinical	117
laboratory technician, or other qualified medical practitioner	118
shall conduct the collection procedure for the DNA specimen	119
submitted pursuant to division (B)(3)(a) of this section and shall	120
collect the DNA specimen in a medically approved manner. If the	121
DNA specimen is collected by swabbing for buccal cells or a	122
similarly noninvasive procedure, division (B)(3)(c) of this	123
section does not require that the DNA specimen be collected by a	124
qualified medical practitioner of that nature. No later than	125
fifteen days after the date of the collection of the DNA specimen,	126
the person conducting the DNA specimen collection procedure shall	127
cause the DNA specimen to be forwarded to the bureau of criminal	128
identification and investigation in accordance with procedures	129
established by the superintendent of the bureau under division (H)	130
of this section. The bureau may provide the specimen vials,	131
mailing tubes, labels, postage, and instruction needed for the	132
collection and forwarding of the DNA specimen to the bureau.	133

(d) The superintendent, in the superintendent's discretion,	134
may compare DNA records in the relatives of missing persons	135
database with the DNA records in the unidentified person database.	136

(4) If the bureau of criminal identification and	137
investigation establishes and maintains an unidentified person	138
database and if the superintendent of the bureau identifies a	139
matching DNA record for the DNA record of a person or deceased	140
person whose DNA record is contained in the unidentified person	141
database, the superintendent shall inform the coroner who	142
submitted or the law enforcement agency that submitted the DNA	143
specimen to the bureau of the match and, if possible, of the	144
identity of the unidentified person.	145

(5) The bureau of criminal identification and investigation	146
may enter into a contract with a qualified public or private	147
laboratory to perform DNA analyses, DNA specimen maintenance,	148
preservation, and storage, DNA record keeping, and other duties	149
required of the bureau under this section. A public or private	150
laboratory under contract with the bureau shall follow quality	151
assurance and privacy requirements established by the	152
superintendent of the bureau.	153

(C) The superintendent of the bureau of criminal	154
identification and investigation shall establish procedures for	155
entering into the DNA database the DNA records submitted pursuant	156
to sections 2152.74 and 2901.07 of the Revised Code and for	157
determining an order of priority for entry of the DNA records	158
based on the types of offenses committed by the persons whose	159
records are submitted and the available resources of the bureau.	160

(D) When a DNA record is derived from a DNA specimen provided	161
pursuant to section 2152.74 or 2901.07 of the Revised Code, the	162
bureau of criminal identification and investigation shall attach	163
to the DNA record personal identification information that	164
identifies the person from whom the DNA specimen was taken. The	165
personal identification information may include the subject	166
person's fingerprints and any other information the bureau	167
determines necessary. The DNA record and personal identification	168
information attached to it shall be used only for the purpose of	169
personal identification or for a purpose specified in this	170
section.	171

(E) DNA records, DNA specimens, fingerprints, and photographs	172
that the bureau of criminal identification and investigation	173
receives pursuant to this section and sections 313.08, 2152.74,	174
and 2901.07 of the Revised Code and personal identification	175
information attached to a DNA record are not public records under	176
section 149.43 of the Revised Code.	177

(F) The bureau of criminal identification and investigation	178
may charge a reasonable fee for providing information pursuant to	179
this section to any law enforcement agency located in another	180
state.	181

(G)(1) No person who because of the person's employment or	182
official position has access to a DNA specimen, a DNA record, or	183
other information contained in the DNA database that identifies an	184
individual shall knowingly disclose that specimen, record, or	185
information to any person or agency not entitled to receive it or	186
otherwise shall misuse that specimen, record, or information.	187

(2) No person without authorization or privilege to obtain	188
information contained in the DNA database that identifies an	189
individual person shall purposely obtain that information.	190

(H) The superintendent of the bureau of criminal	191
identification and investigation shall establish procedures for	192
all of the following:	193

(1) The forwarding to the bureau of DNA specimens collected	194
pursuant to division (H) of this section and sections 313.08,	195
2152.74, and 2901.07 of the Revised Code and of fingerprints and	196
photographs collected pursuant to section 313.08 of the Revised	197
Code;	198

(2) The collection, maintenance, preservation, and analysis	199
of DNA specimens;	200

(3) The creation, maintenance, and operation of the DNA	201
database;	202

(4) The use and dissemination of information from the DNA	203
database;	204

(5) The creation, maintenance, and operation of the	205
unidentified person database;	206

(6) The use and dissemination of information from the	207
unidentified person database;	208

(7) The creation, maintenance, and operation of the relatives	209
of missing persons database;	210

(8) The use and dissemination of information from the	211
relatives of missing persons database;	212

(9) The verification of entities requesting DNA records and	213
other DNA information from the bureau and the authority of the	214
entity to receive the information;	215

(10) The operation of the bureau and responsibilities of	216
employees of the bureau with respect to the activities described	217
in this section.	218

(I) In conducting DNA analyses of DNA specimens, the state	219
DNA laboratory and any laboratory with which the bureau has	220
entered into a contract pursuant to division (B)(5) of this	221
section shall give DNA analyses of DNA specimens that relate to	222
ongoing criminal investigations or prosecutions priority over DNA	223
analyses of DNA specimens that relate to applications made	224
pursuant to section 2953.73 or 2953.82 of the Revised Code.	225

Sec. 2901.07.  (A) As used in this section:

226

(1) "DNA analysis" and "DNA specimen" have the same meanings	227
as in section 109.573 of the Revised Code.	228

(2) "Jail" and "community-based correctional facility" have	229
the same meanings as in section 2929.01 of the Revised Code.	230

(3) "Post-release control" has the same meaning as in section	231
2967.01 of the Revised Code.	232

(4) "Head of the arresting law enforcement agency" means	233
whichever of the following is applicable regarding the arrest in	234
question:	235

(a) If the arrest was made by a sheriff or a deputy sheriff,	236
the sheriff who made the arrest or who employs the deputy sheriff	237
who made the arrest;	238

(b) If the arrest was made by a law enforcement officer of a	239
law enforcement agency of a municipal corporation, the chief of	240
police, marshal, or other chief law enforcement officer of the	241
agency that employs the officer who made the arrest;	242

(c) If the arrest was made by a constable or a law	243
enforcement officer of a township police department or police	244
district police force, the constable who made the arrest or the	245
chief law enforcement officer of the department or agency that	246
employs the officer who made the arrest;	247

(d) If the arrest was made by the superintendent or a trooper	248
of the state highway patrol, the superintendent of the state	249
highway patrol;	250

(e) If the arrest was made by a law enforcement officer not	251
identified in division (A)(4)(a), (b), (c), or (d) of this	252
section, the chief law enforcement officer of the law enforcement	253
agency that employs the officer who made the arrest.	254

(B)(1) A person who is eighteen years of age or older and who	255
is arrested on or after the effective date of this amendment for a	256
felony offense shall submit to a DNA specimen collection procedure	257
administered by the head of the arresting law enforcement agency.	258
The head of the arresting law enforcement agency shall cause the	259
DNA specimen to be collected from the person during the intake	260
process at the jail, community-based correctional facility,	261
detention facility, or law enforcement agency office or station to	262
which the arrested person is taken after the arrest. The head of	263
the arresting law enforcement agency shall cause the DNA specimen	264
to be collected in accordance with division (C) of this section.	265

(2) Regardless of when the conviction occurred or the guilty	266
plea was entered, a person who has been convicted of, is	267
convicted of, has pleaded guilty to, or pleads guilty to a felony	268
offense and, who is sentenced to a prison term or to a community	269
residential sanction in a jail or community-based correctional	270
facility for that offense pursuant to section 2929.16 of the	271
Revised Code, and who does not provide a DNA specimen pursuant to	272
division (B)(1) of this section, and a person who has been	273
convicted of, is convicted of, has pleaded guilty to, or pleads	274
guilty to a misdemeanor offense listed in division (D) of this	275
section and, who is sentenced to a term of imprisonment for that	276
offense, and who does not provide a DNA specimen pursuant to	277
division (B)(1) of this section, shall submit to a DNA specimen	278
collection procedure administered by the director of	279
rehabilitation and correction or the chief administrative officer	280
of the jail or other detention facility in which the person is	281
serving the term of imprisonment. If the person serves the prison	282
term in a state correctional institution, the director of	283
rehabilitation and correction shall cause the DNA specimen to be	284
collected from the person during the intake process at the	285
reception facility designated by the director. If the person	286
serves the community residential sanction or term of imprisonment	287
in a jail, a community-based correctional facility, or another	288
county, multicounty, municipal, municipal-county, or	289
multicounty-municipal detention facility, the chief administrative	290
officer of the jail, community-based correctional facility, or	291
detention facility shall cause the DNA specimen to be collected	292
from the person during the intake process at the jail,	293
community-based correctional facility, or detention facility. The	294
DNA specimen shall be collected in accordance with division (C) of	295
this section.	296

(2)(3) Regardless of when the conviction occurred or the	297
guilty plea was entered, if a person has been convicted of, is	298
convicted of, has pleaded guilty to, or pleads guilty to a felony	299
offense or a misdemeanor offense listed in division (D) of this	300
section, is serving a prison term, community residential sanction,	301
or term of imprisonment for that offense, and does not provide a	302
DNA specimen pursuant to division (B)(1) or (2) of this section,	303
prior to the person's release from the prison term, community	304
residential sanction, or imprisonment, the person shall submit to,	305
and the director of rehabilitation and correction or the chief	306
administrative officer of the jail, community-based correctional	307
facility, or detention facility in which the person is serving the	308
prison term, community residential sanction, or term of	309
imprisonment shall administer, a DNA specimen collection procedure	310
at the state correctional institution, jail, community-based	311
correctional facility, or detention facility in which the person	312
is serving the prison term, community residential sanction, or	313
term of imprisonment. The DNA specimen shall be collected in	314
accordance with division (C) of this section.	315

(3)(4)(a) Regardless of when the conviction occurred or the	316
guilty plea was entered, if a person has been convicted of, is	317
convicted of, has pleaded guilty to, or pleads guilty to a felony	318
offense or a misdemeanor offense listed in division (D) of this	319
section and the person is on probation, released on parole, under	320
transitional control, on community control, on post-release	321
control, or under any other type of supervised release under the	322
supervision of a probation department or the adult parole	323
authority for that offense, the person shall submit to a DNA	324
specimen collection procedure administered by the chief	325
administrative officer of the probation department or the adult	326
parole authority. The DNA specimen shall be collected in	327
accordance with division (C) of this section. If the person	328
refuses to submit to a DNA specimen collection procedure as	329
provided in this division, the person may be subject to the	330
provisions of section 2967.15 of the Revised Code.	331

(b) If a person to whom division (B)(3)(4)(a) of this section	332
applies is sent to jail or is returned to a jail, community-based	333
correctional facility, or state correctional institution for a	334
violation of the terms and conditions of the probation, parole,	335
transitional control, other release, or post-release control, if	336
the person was or will be serving a term of imprisonment, prison	337
term, or community residential sanction for committing a felony	338
offense or for committing a misdemeanor offense listed in division	339
(D) of this section, and if the person did not provide a DNA	340
specimen pursuant to division (B)(1), (2), (3), or (3)(4)(a) of	341
this section, the person shall submit to, and the director of	342
rehabilitation and correction or the chief administrative officer	343
of the jail or community-based correctional facility shall	344
administer, a DNA specimen collection procedure at the jail,	345
community-based correctional facility, or state correctional	346
institution in which the person is serving the term of	347
imprisonment, prison term, or community residential sanction. The	348
DNA specimen shall be collected from the person in accordance with	349
division (C) of this section.	350

(4)(5) Regardless of when the conviction occurred or the	351
guilty plea was entered, if a person has been convicted of, is	352
convicted of, has pleaded guilty to, or pleads guilty to a felony	353
offense or a misdemeanor offense listed in division (D) of this	354
section, the person is not sentenced to a prison term, a	355
community residential sanction in a jail or community-based	356
correctional facility, a term of imprisonment, or any type of	357
supervised release under the supervision of a probation	358
department or the adult parole authority, and the person does not	359
provide a DNA specimen pursuant to division (B)(1), (2), (3),	360
(4)(a), or (3)(4)(b) of this section, the sentencing court shall	361
order the person to report to the county probation department	362
immediately after sentencing to submit to a DNA specimen	363
collection procedure administered by the chief administrative	364
officer of the county probation office. If the person is	365
incarcerated at the time of sentencing, the person shall submit	366
to a DNA specimen collection procedure administered by the	367
director of rehabilitation and correction or the chief	368
administrative officer of the jail or other detention facility in	369
which the person is incarcerated. The DNA specimen shall be	370
collected in accordance with division (C) of this section.	371

(C) If the DNA specimen is collected by withdrawing blood	372
from the person or a similarly invasive procedure, a physician,	373
registered nurse, licensed practical nurse, duly licensed clinical	374
laboratory technician, or other qualified medical practitioner	375
shall collect in a medically approved manner the DNA specimen	376
required to be collected pursuant to division (B) of this section.	377
If the DNA specimen is collected by swabbing for buccal cells or a	378
similarly noninvasive procedure, this section does not require	379
that the DNA specimen be collected by a qualified medical	380
practitioner of that nature. No later than fifteen days after the	381
date of the collection of the DNA specimen, the head of the	382
arresting law enforcement agency regarding a DNA specimen taken	383
pursuant to division (B)(1) of this section, the director of	384
rehabilitation and correction or the chief administrative officer	385
of the jail, community-based correctional facility, or other	386
county, multicounty, municipal, municipal-county, or	387
multicounty-municipal detention facility, in which the person is	388
serving the prison term, community residential sanction, or term	389
of imprisonment regarding a DNA specimen taken pursuant to	390
division (B)(2), (3), or (4)(b) of this section, the chief	391
administrative officer of the probation department or the adult	392
parole authority regarding a DNA specimen taken pursuant to	393
division (B)(4)(a) of this section, or the chief administrative	394
officer of the county probation office, the director of	395
rehabilitation and correction, or the chief administrative officer	396
of the jail or other detention facility in which the person is	397
incarcerated regarding a DNA specimen taken pursuant to division	398
(B)(5) of this section, whichever is applicable, shall cause the	399
DNA specimen to be forwarded to the bureau of criminal	400
identification and investigation in accordance with procedures	401
established by the superintendent of the bureau under division (H)	402
of section 109.573 of the Revised Code. The bureau shall provide	403
the specimen vials, mailing tubes, labels, postage, and	404
instructions needed for the collection and forwarding of the DNA	405
specimen to the bureau.	406

(D) The director of rehabilitation and correction, the chief	407
administrative officer of the jail, community-based correctional	408
facility, or other county, multicounty, municipal,	409
municipal-county, or multicounty-municipal detention facility, or	410
the chief administrative officer of a county probation department	411
or the adult parole authority shall cause a DNA specimen to be	412
collected in accordance with divisions (B) and (C) of this section	413
from a person in its custody or under its supervisionDNA specimen	414
collection duty set forth in division (B)(1) of this section	415
applies to any person who is eighteen years of age or older and	416
who is arrested on or after the effective date of this amendment	417
for any felony offense. The DNA specimen collection duties set	418
forth in divisions (B)(2), (3), (4)(a), (4)(b), and (5) of this	419
section apply to any person who has been convicted of, is	420
convicted of, has pleaded guilty to, or pleads guilty to any	421
felony offense or any of the following misdemeanor offenses:	422

(1) A misdemeanor violation, an attempt to commit a	423
misdemeanor violation, or complicity in committing a misdemeanor	424
violation of section 2907.04 of the Revised Code;	425

(2) A misdemeanor violation of any law that arose out of the	426
same facts and circumstances and same act as did a charge against	427
the person of a violation of section 2903.01, 2903.02, 2905.01,	428
2907.02, 2907.03, 2907.04, 2907.05, or 2911.11 of the Revised Code	429
that previously was dismissed or amended or as did a charge	430
against the person of a violation of section 2907.12 of the	431
Revised Code as it existed prior to September 3, 1996, that	432
previously was dismissed or amended;	433

(3) A misdemeanor violation of section 2919.23 of the Revised	434
Code that would have been a violation of section 2905.04 of the	435
Revised Code as it existed prior to July 1, 1996, had it been	436
committed prior to that date;	437

(4) A sexually oriented offense or a child-victim oriented	438
offense, both as defined in section 2950.01 of the Revised Code,	439
that is a misdemeanor, if, in relation to that offense, the	440
offender is a tier III sex offender/child-victim offender, as	441
defined in section 2950.01 of the Revised Code.	442

(E) The director of rehabilitation and correction may	443
prescribe rules in accordance with Chapter 119. of the Revised	444
Code to collect a DNA specimen, as provided in this section, from	445
an offender whose supervision is transferred from another state to	446
this state in accordance with the interstate compact for adult	447
offender supervision described in section 5149.21 of the Revised	448
Code.	449

Sec. 2933.81. (A) As used in this section:

450

(1) "Custodial interrogation" means any interrogation	451
involving a law enforcement officer's questioning that is	452
reasonably likely to elicit incriminating responses and in which a	453
reasonable person in the subject's position would consider self to	454
be in custody, beginning when a person should have been advised of	455
the person's right to counsel and right to remain silent and of	456
the fact that anything the person says could be used against the	457
person, as specified by the United States supreme court in Miranda	458
v. Arizona (1966), 384 U.S. 436, and subsequent decisions, and	459
ending when the questioning has completely finished.	460

(2) "Detention facility" has the same meaning as in section	461
2921.01 of the Revised Code.	462

(3) "Electronic recording" or "electronically recorded" means	463
an audio and visual recording that is an authentic, accurate,	464
unaltered record of a custodial interrogation.	465

(4) "Local correctional facility" has the same meaning as in	466
section 2903.13 of the Revised Code.	467

(5) "Place of detention" means a jail, police or sheriff's	468
station, holding cell, state correctional institution, local	469
correctional facility, detention facility, department of youth	470
services facility, or other place where persons are questioned in	471
connection with criminal charges or delinquent child allegations	472
or proceedings.	473

(6) "State correctional institution" has the same meaning as	474
in section 2967.01 of the Revised Code.	475

(7) "Statement" means an oral, written, sign language, or	476
nonverbal communication.	477

(B)(1) Except as otherwise provided in division (B)(2) of	478
this section, all statements made by a person during a custodial	479
interrogation shall be electronically recorded.	480

(2) If any part of a custodial interrogation of a person	481
takes place outside of a place of detention and it is not	482
possible to electronically record the statements made by the	483
person during that part of the interrogation, all statements made	484
by the person during that part of the interrogation shall be	485
recorded in an audio recording that is an authentic, accurate,	486
unaltered record of that part of the interrogation.	487

(3) During a custodial interrogation in a place of detention,	488
the camera used in making the electronic recording shall be	489
simultaneously focused upon both the interrogator and the person	490
being interrogated.	491

(C) In any criminal or delinquent child action or proceeding	492
brought against a person, if any party to the action or proceeding	493
seeks the admission as evidence of any statement made by the	494
person during a custodial interrogation that is not electronically	495
recorded or recorded as authorized by division (B)(2) of this	496
section or the admission of any statement made thereafter by the	497
person during the same custodial interrogation or a subsequent	498
custodial interrogation, including but not limited to any	499
statement made thereafter that is electronically recorded or	500
recorded as authorized by division (B)(2) of this section, and if	501
the statement otherwise is admissible in the action or proceeding	502
under the Rules of Evidence, the court in its discretion may admit	503
the statement as evidence or may exclude the statement from	504
admission as evidence. If the court indicates that it intends to	505
admit the statement as evidence, any party to the action or	506
proceeding may object and file or make a motion to exclude the	507
statement. If a party objects and makes or files a motion to	508
exclude the statement, the court shall rule on the motion in	509
accordance with the Rules of Evidence.	510

(D) Regardless of whether the statement was electronically	511
recorded or recorded as authorized by division (B)(2) of this	512
section, any statement of a person made in a custodial	513
interrogation may be admitted into evidence in a criminal or	514
delinquent child proceeding brought against the person if all of	515
the following apply:	516

(1) The statement is admissible under the Rules of Evidence.

517

(2) The statement is proven by clear and convincing evidence	518
to have been made by the person voluntarily.	519

(3) The statement is reliable.

520

(4) The court finds that the custodial interrogation occurred	521
before a grand jury or court.	522

(E) In any criminal or delinquent child proceeding that is	523
tried before a jury, complete transcripts of all custodial	524
interrogations shall be made available to the jurors upon motion	525
by the prosecution or defense. Actual audio or video playback of	526
an interrogation shall be presented to the jurors only upon a	527
judicial determination of need.	528

(F) The Ohio judicial conference, pursuant to section 105.912	529
of the Revised Code, shall develop forms to survey custodial	530
interrogations electronically recorded or recorded as authorized	531
by division (B)(2) of this section and outcomes and identify any	532
patterns of noncompliance with the provisions of this section. The	533
conference shall provide copies of the forms to all courts of	534
common pleas, municipal courts, county courts, prosecuting	535
attorneys, city directors of law, village solicitors, and other	536
chief legal officers of a municipal corporation. The conference	537
shall monitor compliance with the recording requirement set forth	538
in division (B) of this section through the submission of the	539
forms developed under this division. The trial judge and the	540
prosecutor shall complete and submit these forms for all of the	541
following cases:	542

(1) Each case in which any custodial interrogation was	543
recorded and was introduced as evidence in a criminal case or	544
delinquent child case;	545

(2) Each case in which any custodial interrogation was	546
conducted and not recorded but nonetheless was introduced as	547
evidence in a criminal case or delinquent child case;	548

(3) Each case in which any custodial interrogation was	549
recorded and a plea of guilty to any felony charge was entered and	550
accepted by the court or in which an admission of a delinquent	551
child charge that would be a felony if committed by an adult was	552
entered and accepted by the juvenile court;	553

(4) Each case in which any custodial interrogation was	554
conducted and not recorded and a plea of guilty to any felony	555
charge was entered and accepted by the court or in which an	556
admission of a delinquent child charge that would be a felony if	557
committed by an adult was entered and accepted by the juvenile	558
court.	559

(G)(1) Law enforcement personnel shall clearly identify and	560
catalogue every electronic recording of a custodial interrogation	561
and every recording of a part of a custodial interrogation	562
recorded as authorized by division (B)(2) of this section.	563

(2) If a criminal or delinquent child proceeding is brought	564
against a person who was the subject of a custodial interrogation	565
that was electronically recorded or who was the subject of a part	566
of a custodial interrogation that was recorded as authorized by	567
division (B)(2) of this section, law enforcement personnel shall	568
preserve the recording until the later of when all appeals,	569
post-conviction relief proceedings, and habeas corpus proceedings	570
are final and concluded or the expiration of the period of time	571
within which such appeals and proceedings must be brought.	572

(3) Upon motion by the defendant in a criminal proceeding or	573
the alleged delinquent child in a delinquent child proceeding, the	574
court may order that a copy of an electronic recording of a	575
custodial interrogation of the person or of a recording of a part	576
of a custodial interrogation of the person recorded as authorized	577
by division (B)(2) of this section be preserved for any period	578
beyond the expiration of all appeals, post-conviction relief	579
proceedings, and habeas corpus proceedings.	580

(4) If no criminal or delinquent child proceeding is brought	581
against a person who was the subject of a custodial interrogation	582
that was electronically recorded or who was the subject of a part	583
of a custodial interrogation that was recorded as authorized by	584
division (B)(2) of this section, law enforcement personnel shall	585
preserve the related recording until all applicable state and	586
federal statutes of limitations bar prosecution of the person for	587
any offense or violation based on or related to any conduct	588
discussed in the custodial interrogation.	589

Sec. 2933.82.  (A) As used in this section:

590

(1)(a) "Biological evidence" means any of the following:

591

(i) The contents of a sexual assault examination kit;

592

(ii) Any item that contains blood, semen, hair, saliva, skin	593
tissue, fingernail scrapings, bone, bodily fluids, or any other	594
identifiable biological material that was collected as part of a	595
criminal investigation or delinquent child investigation and that	596
reasonably may be used to incriminate or exculpate any person for	597
an offense or delinquent act.	598

(b) The definition of "biological evidence" set forth in	599
division (A)(1)(a) of this section applies whether the material in	600
question is catalogued separately, such as on a slide or swab or	601
in a test tube, or is present on other evidence, including, but	602
not limited to, clothing, ligatures, bedding or other household	603
material, drinking cups or containers, or cigarettes.	604

(2) "Biological material" has the same meaning as in section	605
2953.71 of the Revised Code.	606

(3) "DNA" has the same meaning as in section 109.573 of the	607
Revised Code.	608

(4) "Profile" means a unique identifier of an individual,	609
derived from DNA.	610

(5) "Prosecutor" has the same meaning as in section 2935.01	611
of the Revised Code.	612

(6) "Governmental evidence-retention entity" means all of the	613
following:	614

(a) Any law enforcement agency, prosecutor's office, court,	615
public hospital, crime laboratory, or other governmental or public	616
entity or individual within this state that is charged with the	617
collection, storage, or retrieval of biological evidence;	618

(b) Any official or employee of any entity or individual	619
described in division (A)(6)(a) of this section.	620

(B)(1) Each governmental evidence-retention entity that	621
secures any biological evidence in relation to an investigation or	622
prosecution of a criminal offense or delinquent act shall secure	623
the biological evidence for whichever of the following periods of	624
time is applicable:	625

(a) For the period of time that the offense or act remains	626
unsolved;	627

(b) If any person is convicted of or pleads guilty to the	628
offense, or is adjudicated a delinquent child for committing the	629
delinquent act, for the period of time that the person remains	630
incarcerated, in a department of youth services institution or	631
other juvenile facility, under a community control sanction for	632
that offense, under any order of disposition for that act, on	633
probation or parole for that offense, under judicial release or	634
supervised release for that act, under post-release control for	635
that offense, involved in civil litigation in connection with that	636
offense or act, or subject to registration and other duties	637
imposed for that offense or act under sections 2950.04, 2950.041,	638
2950.05, and 2950.06 of the Revised Code.	639

(2) This section applies to evidence that was in the	640
possession of any governmental evidence-retention entity during	641
the investigation and prosecution of a criminal case or delinquent	642
child case and that, at the time the person is convicted of or	643
pleads guilty to the offense or is adjudicated a delinquent child	644
for the delinquent act, was likely to contain biological material.	645

(3) If a person is convicted of or pleads guilty to an	646
offense or is adjudicated a delinquent child for the delinquent	647
act and if one or more additional co-defendants of that person are	648
convicted of or plead guilty to the same offense or are	649
adjudicated delinquent children for the same delinquent act, both	650
of the following apply:	651

(a) If a governmental evidence-retention entity possesses	652
biological evidence related to the offense or act, the	653
governmental evidence-retention entity shall not destroy the	654
biological evidence if any of those additional co-defendants	655
remain in custody, incarcerated, in a department of youth services	656
institution or other juvenile facility, under a community control	657
sanction for that offense, under any order of disposition for that	658
act, on probation or parole for that offense, under judicial	659
release or supervised release for that act, under post-release	660
control for that offense, involved in civil litigation in	661
connection with that offense or act, or subject to registration	662
and other duties imposed for that offense or act under sections	663
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code.	664

(b) The governmental evidence-retention entity referred to in	665
division (B)(3)(a) of this section shall preserve the biological	666
evidence related to the offense for the period of time during	667
which any of those additional co-defendants remain in custody,	668
incarcerated, in an institution or facility, under a community	669
control sanction, under an order of disposition, on probation or	670
parole, under judicial release or supervised release, under	671
post-release control, involved in civil litigation, or subject to	672
registration and other duties under sections 2950.04, 2950.041,	673
2950.05, and 2950.06 of the Revised Code, as described in division	674
(B)(3)(a) of this section.	675

(4) A governmental evidence-retention entity that possesses	676
biological evidence shall retain the biological evidence in the	677
amount and manner sufficient to develop a DNA profile from the	678
biological material contained in or included on the evidence.	679

(5) Upon written request by the defendant in any criminal	680
case or the alleged delinquent child in any delinquent child case,	681
a governmental evidence-retention entity that possesses biological	682
evidence shall prepare an inventory of the biological evidence	683
that has been preserved in connection with the defendant's	684
criminal case or the alleged delinquent child's delinquent child	685
case.	686

(6) A governmental evidence-retention entity that possesses	687
biological evidence that includes biological material may destroy	688
the evidence before the expiration of the applicable period of	689
time specified in division (B)(1) of this section if all of the	690
following apply:	691

(a) No other provision of federal or state law requires the	692
state to preserve the evidence.	693

(b) The governmental evidence-retention entity, by certified	694
mail, return receipt requested, provides notice of intent to	695
destroy the evidence to all of the following:	696

(i) All persons who remain in custody, incarcerated, in a	697
department of youth services institution or other juvenile	698
facility, under a community control sanction, under any order of	699
disposition, on probation or parole, under judicial release or	700
supervised release, under post-release control, involved in civil	701
litigation, or subject to registration and other duties imposed	702
for that offense or act under sections 2950.04, 2950.041, 2950.05,	703
and 2950.06 of the Revised Code as a result of a criminal	704
conviction, delinquency adjudication, or commitment related to the	705
evidence in question;	706

(ii) The attorney of record for each person who is in custody	707
in any circumstance described in division (B)(6)(b)(i) of this	708
section;	709

(iii) The state public defender;

710

(iv) The prosecutor of record in the case that resulted in	711
the custody of the person in custody in any circumstance described	712
in division (B)(6)(b)(i) of this section;	713

(v) The attorney general.

714

(c) No person who is notified under division (B)(6)(b) of	715
this section does either of the following within one year after	716
the date on which the person receives the notice:	717

(i) Files a motion for testing of evidence under sections	718
2953.71 to 2953.81 or section 2953.82 of the Revised Code;	719

(ii) Submits a written request for retention of evidence to	720
the governmental evidence-retention entity that provided notice of	721
its intent to destroy evidence under division (B)(6)(b) of this	722
section.	723

(7) If, after providing notice under division (B)(6)(b) of	724
this section of its intent to destroy evidence, a governmental	725
evidence-retention entity receives a written request for retention	726
of the evidence from any person to whom the notice is provided,	727
the governmental evidence-retention entity shall retain the	728
evidence while the person referred to in division (B)(6)(b)(i) of	729
this section remains in custody, incarcerated, in a department of	730
youth services institution or other juvenile facility, under a	731
community control sanction, under any order of disposition, on	732
probation or parole, under judicial release or supervised release,	733
under post-release control, involved in civil litigation, or	734
subject to registration and other duties imposed for that offense	735
or act under sections 2950.04, 2950.041, 2950.05, and 2950.06 of	736
the Revised Code as a result of a criminal conviction, delinquency	737
adjudication, or commitment related to the evidence in question.	738

(8) A governmental evidence-retention entity shall not be	739
required to preserve physical evidence pursuant to this section	740
that is of such a size, bulk, or physical character as to render	741
retention impracticable. When retention of physical evidence that	742
otherwise would be required to be retained pursuant to this	743
section is impracticable as described in this division, the	744
governmental evidence-retention entity that otherwise would be	745
required to retain the physical evidence shall remove and preserve	746
portions of the material evidence likely to contain biological	747
evidence related to the offense, in a quantity sufficient to	748
permit future DNA testing before returning or disposing of that	749
physical evidence.	750

(C)(1) No person shall destroy biological evidence in	751
violation of any provision of this section.	752

(2) Whoever violates division (C)(1) of this section is	753
guilty of a misdemeanor of the first degree.	754

(D)(1) The preservation of biological evidence task force	755
established within the bureau of criminal identification and	756
investigation under section 109.561 of the Revised Code shall	757
establish a system regarding the proper preservation of biological	758
evidence in this state. In establishing the system, the task force	759
shall do all of the following:	760

(a) Devise standards regarding the proper collection,	761
retention, and cataloguing of biological evidence for ongoing	762
investigations and prosecutions;	763

(b) Recommend practices, protocols, models, and resources for	764
the cataloguing and accessibility of preserved biological evidence	765
already in the possession of governmental evidence-retention	766
entities.	767

(2) In consultation with the preservation of biological	768
evidence task force described in division (D)(1) of this section,	769
the division of criminal justice services of the department of	770
public safety shall administer and conduct training programs for	771
law enforcement officers and other relevant employees who are	772
charged with preserving and cataloguing biological evidence	773
regarding the methods and procedures referenced in this section.	774

Sec. 2933.83.  (A) As used in this section:

775

(1) "Administrator" means the person conducting a photo	776
lineup or live lineup.	777

(2) "Blind administrator" means the administrator does not	778
know the identity of the suspect. "Blind administrator" includes	779
an administrator who conducts a photo lineup through the use of a	780
folder system or a substantially similar system.	781

(3) "Blinded administrator" means the administrator may know	782
who the suspect is, but does not know which lineup member is	783
being viewed by the eyewitness.	784

(4) "Eyewitness" means a person who observes another person	785
at or near the scene of an offense.	786

(5) "Filler" means either a person or a photograph of a	787
person who is not suspected of an offense and is included in an	788
identification procedure.	789

(6) "Folder system" means a system for conducting a photo	790
lineup that satisfies all of the following:	791

(a) The investigating officer uses one "suspect photograph"	792
that resembles the description of the suspected perpetrator of the	793
offense provided by the witness, five "filler photographs" of	794
persons not suspected of the offense that match the description of	795
the suspected perpetrator but do not cause the suspect photograph	796
to unduly stand out, four "blank photographs" that contain no	797
images of any person, and ten empty folders.	798

(b) The investigating officer places one "filler photograph"	799
into one of the empty folders and numbers it as folder 1.	800

(c) The administrator places the "suspect photograph" and the	801
other four "filler photographs" into five other empty folders,	802
shuffles the five folders so that the administrator is unaware of	803
which folder contains the "suspect photograph," and numbers the	804
five shuffled folders as folders 2 through 6.	805

(d) The administrator places the four "blank photographs" in	806
the four remaining empty folders and numbers these folders as	807
folders 7 through 10, and these folders serve as "dummy folders."	808

(e) The administrator provides instructions to the witness as	809
to the lineup procedure and informs the witness that a photograph	810
of the alleged perpetrator of the offense may or may not be	811
included in the photographs the witness is about to see and that	812
the administrator does not know which, if any, of the folders	813
contains the photograph of the alleged perpetrator.	814

(f) The administrator hands each of the ten folders to the	815
witness individually without looking at the photograph in the	816
folder. Each time the witness has viewed a folder, the witness	817
indicates whether the photograph is of the person the witness saw,	818
indicates the degree of the witness' confidence in this	819
identification, and returns the folder and the photograph it	820
contains to the administrator. The witness may request to view	821
each of the folders a second time, and, if the witness so	822
requests, the administrator follows the procedures specified in	823
this division for the second viewing, handing them to the witness	824
in the same order as during the first viewing. The witness is not	825
permitted to have more than two viewings of the folders. The	826
administrator preserves the order of the folders and the	827
photographs they contain in a facedown position in order to	828
document the steps specified in division (A)(6)(g) of this	829
section.	830

(g) The administrator documents and records the results of	831
the procedure described in divisions (A)(6)(a) to (f) of this	832
section. The documentation and record includes the date, time, and	833
location of the lineup procedure; the name of the administrator;	834
the names of all of the individuals present during the lineup; the	835
number of photographs shown to the witness; copies of each	836
photograph shown to the witness; the order in which the folders	837
were presented to the witness; the source of each photograph that	838
was used in the procedure; a statement of the witness' confidence	839
in the witness' own words as to the certainty of the witness'	840
identification of the photographs as being of the person the	841
witness saw that is taken immediately upon the reaction of the	842
witness to viewing the photograph; and any additional information	843
the administrator considers pertinent to the lineup procedure.	844

(7) "Live lineup" means an identification procedure in which	845
a group of persons, including the suspected perpetrator of an	846
offense and other persons not suspected of the offense, is	847
displayed to an eyewitness for the purpose of determining whether	848
the eyewitness identifies the suspect as the perpetrator of the	849
offense.	850

(8) "Photo lineup" means an identification procedure in which	851
an array of photographs, including a photograph of the suspected	852
perpetrator of an offense and additional photographs of other	853
persons not suspected of the offense, is displayed to an	854
eyewitness for the purpose of determining whether the eyewitness	855
identifies the suspect as the perpetrator of the offense.	856

(9) "Perpetrator" means the person who committed the offense.

857

(10) "Suspect" means the person believed by law enforcement	858
to be the possible perpetrator of the offense.	859

(B) Prior to conducting any live lineup or photo lineup on or	860
after the effective date of this section, any law enforcement	861
agency or criminal justice entity in this state that conducts live	862
lineups or photo lineups shall adopt specific procedures for	863
conducting the lineups. The procedures, at a minimum, shall impose	864
the following requirements:	865

(1) Unless impracticable, a blind or blinded administrator	866
shall conduct the live lineup or photo lineup.	867

(2) When it is impracticable for a blind administrator to	868
conduct the live lineup or photo lineup, the administrator shall	869
state in writing the reason for that impracticability.	870

(3) When it is impracticable for either a blind or blinded	871
administrator to conduct the live lineup or photo lineup, the	872
administrator shall state in writing the reason for that	873
impracticability.	874

(4) Unless impracticable, a video record of the live lineup	875
or photo lineup shall be made that includes all of the following	876
information:	877

(a) All identification and nonidentification results obtained	878
during the lineup, signed by the eyewitnesses, including the	879
eyewitnesses' confidence statements;	880

(b) The names of all persons present at the lineup;

881

(c) The date and time of the lineup;

882

(d) Any eyewitness identification of one or more fillers in	883
the lineup;	884

(e) The names of the lineup members and other relevant	885
identifying information, and the sources of all photographs or	886
persons used in the lineup.	887

(5) If a video record of the live lineup or photo lineup is	888
impracticable, the administrator conducting the lineup shall	889
document the reason for that impracticability, and, unless	890
impracticable, an audio record of the live lineup or photo lineup	891
shall be made. The audio record shall include all of the	892
information specified in divisions (B)(4)(a) to (e) of this	893
section, and it shall be supplemented by all of the photographs	894
used in a photo lineup or photographs of all of the individuals	895
used in a live lineup, whichever is applicable.	896

(6) If both a video and audio record of the live lineup or	897
photo lineup are impracticable, the administrator conducting the	898
lineup shall document in writing the reason for that	899
impracticability, and a written record of the lineup shall be made	900
that includes all of the information specified in divisions	901
(B)(4)(a) to (e) of this section and that is supplemented by all	902
of the photographs used in a photo lineup or photographs of all of	903
the individuals used in a live lineup, whichever is applicable.	904

(C) For any photo lineup or live lineup that is administered	905
on or after the effective date of this section, all of the	906
following apply:	907

(1) Evidence of a failure to comply with any of the	908
provisions of this section or with any procedure for conducting	909
lineups that has been adopted by a law enforcement agency or	910
criminal justice agency pursuant to division (B) of this section	911
and that conforms to any provision of divisions (B)(1) to (6) of	912
this section shall be considered by trial courts in adjudicating	913
motions to suppress eyewitness identification resulting from or	914
related to the lineup.	915

(2) Evidence of a failure to comply with any of the	916
provisions of this section or with any procedure for conducting	917
lineups that has been adopted by a law enforcement agency or	918
criminal justice agency pursuant to division (B) of this section	919
and that conforms to any provision of divisions (B)(1) to (6) of	920
this section shall be admissible in support of any claim of	921
eyewitness misidentification resulting from or related to the	922
lineup as long as that evidence otherwise is admissible.	923

(3) When evidence of a failure to comply with any of the	924
provisions of this section, or with any procedure for conducting	925
lineups that has been adopted by a law enforcement agency or	926
criminal justice agency pursuant to division (B) of this section	927
and that conforms to any provision of divisions (B)(1) to (6) of	928
this section, is presented at trial, the jury shall be instructed	929
that it may consider credible evidence of noncompliance in	930
determining the reliability of any eyewitness identification	931
resulting from or related to the lineup.	932

(D)(1) As used in division (D) of this section, "showup"	933
means an identification procedure in which an eyewitness is	934
presented with a single suspect for the purpose of determining	935
whether the eyewitness identifies that individual as the	936
perpetrator of the offense.	937

(2) The supreme court may adopt rules prescribing specific	938
procedures to be followed for the administration by law	939
enforcement agencies and criminal justice entities in this state	940
of photo lineups, live lineups, and showups. Any rules adopted by	941
the supreme court as described in this division shall be	942
consistent with the requirements of divisions (B) and (C) of this	943
section but may prescribe procedures for other aspects of the	944
administration of such lineups and showups as determined	945
appropriate by the court. If the supreme court adopts rules of the	946
type described in this division, on and after the date on which	947
the rules take effect, law enforcement agencies and criminal	948
justice entities in this state shall comply with the rules in	949
conducting live lineups, photo lineups, and showups.	950

(3) The supreme court may adopt rules prescribing a	951
cautionary jury charge about eyewitness identification procedures	952
and the accuracy of eyewitness identification. If the supreme	953
court adopts rules of the type described in this division, on and	954
after the date on which the rules take effect, the jury charge	955
shall be used in the courts of this state in the manner specified	956
by the supreme court in the rules.	957

Sec. 2953.21.  (A)(1)(a) Any person who has been convicted of	958
a criminal offense or adjudicated a delinquent child and who	959
claims that there was such a denial or infringement of the	960
person's rights as to render the judgment void or voidable under	961
the Ohio Constitution or the Constitution of the United States,	962
and any person who has been convicted of a criminal offense that	963
is a felony,and who is an inmate, andoffender for whom DNA	964
testing that was performed under sections 2953.71 to 2953.81 of	965
the Revised Code or under former section 2953.82 of the Revised	966
Code and analyzed in the context of and upon consideration of all	967
available admissible evidence related to the inmate'sperson's	968
case as described in division (D) of section 2953.74 of the	969
Revised Code provided results that establish, by clear and	970
convincing evidence, actual innocence of that felony offense or,	971
if the person was sentenced to death, establish, by clear and	972
convincing evidence, actual innocence of the aggravating	973
circumstance or circumstances the person was found guilty of	974
committing and that is or are the basis of that sentence of	975
death, may file a petition in the court that imposed sentence,	976
stating the grounds for relief relied upon, and asking the court	977
to vacate or set aside the judgment or sentence or to grant other	978
appropriate relief. The petitioner may file a supporting	979
affidavit and other documentary evidence in support of the claim	980
for relief.	981

(b) As used in division (A)(1)(a) of this section, "actual	982
innocence" means that, had the results of the DNA testing	983
conducted under sections 2953.71 to 2953.81 of the Revised Code or	984
under former section 2953.82 of the Revised Code been presented at	985
trial, and had those results been analyzed in the context of and	986
upon consideration of all available admissible evidence related	987
to the inmate'sperson's case as described in division (D) of	988
section 2953.74 of the Revised Code, no reasonable factfinder	989
would have found the petitioner guilty of the offense of which	990
the petitioner was convicted, or, if the person was sentenced to	991
death, no reasonable factfinder would have found the petitioner	992
guilty of the aggravating circumstance or circumstances the	993
petitioner was found guilty of committing and that is or are the	994
basis of that sentence of death.	995

(c) As used in divisions (A)(1)(a) and (b) of this section,	996
"former section 2953.82 of the Revised Code" means section 2953.82	997
of the Revised Code as it existed prior to the effective date of	998
this amendment.	999

(2) Except as otherwise provided in section 2953.23 of the	1000
Revised Code, a petition under division (A)(1) of this section	1001
shall be filed no later than one hundred eighty days after the	1002
date on which the trial transcript is filed in the court of	1003
appeals in the direct appeal of the judgment of conviction or	1004
adjudication or, if the direct appeal involves a sentence of	1005
death, the date on which the trial transcript is filed in the	1006
supreme court. If no appeal is taken, except as otherwise provided	1007
in section 2953.23 of the Revised Code, the petition shall be	1008
filed no later than one hundred eighty days after the expiration	1009
of the time for filing the appeal.	1010

(3) In a petition filed under division (A) of this section, a	1011
person who has been sentenced to death may ask the court to render	1012
void or voidable the judgment with respect to the conviction of	1013
aggravated murder or the specification of an aggravating	1014
circumstance or the sentence of death.	1015

(4) A petitioner shall state in the original or amended	1016
petition filed under division (A) of this section all grounds for	1017
relief claimed by the petitioner. Except as provided in section	1018
2953.23 of the Revised Code, any ground for relief that is not so	1019
stated in the petition is waived.	1020

(5) If the petitioner in a petition filed under division (A)	1021
of this section was convicted of or pleaded guilty to a felony,	1022
the petition may include a claim that the petitioner was denied	1023
the equal protection of the laws in violation of the Ohio	1024
Constitution or the United States Constitution because the	1025
sentence imposed upon the petitioner for the felony was part of a	1026
consistent pattern of disparity in sentencing by the judge who	1027
imposed the sentence, with regard to the petitioner's race,	1028
gender, ethnic background, or religion. If the supreme court	1029
adopts a rule requiring a court of common pleas to maintain	1030
information with regard to an offender's race, gender, ethnic	1031
background, or religion, the supporting evidence for the petition	1032
shall include, but shall not be limited to, a copy of that type of	1033
information relative to the petitioner's sentence and copies of	1034
that type of information relative to sentences that the same judge	1035
imposed upon other persons.	1036

(B) The clerk of the court in which the petition is filed	1037
shall docket the petition and bring it promptly to the attention	1038
of the court. The clerk of the court in which the petition is	1039
filed immediately shall forward a copy of the petition to the	1040
prosecuting attorney of that county.	1041

(C) The court shall consider a petition that is timely filed	1042
under division (A)(2) of this section even if a direct appeal of	1043
the judgment is pending. Before granting a hearing on a petition	1044
filed under division (A) of this section, the court shall	1045
determine whether there are substantive grounds for relief. In	1046
making such a determination, the court shall consider, in addition	1047
to the petition, the supporting affidavits, and the documentary	1048
evidence, all the files and records pertaining to the proceedings	1049
against the petitioner, including, but not limited to, the	1050
indictment, the court's journal entries, the journalized records	1051
of the clerk of the court, and the court reporter's transcript.	1052
The court reporter's transcript, if ordered and certified by the	1053
court, shall be taxed as court costs. If the court dismisses the	1054
petition, it shall make and file findings of fact and conclusions	1055
of law with respect to such dismissal.	1056

(D) Within ten days after the docketing of the petition, or	1057
within any further time that the court may fix for good cause	1058
shown, the prosecuting attorney shall respond by answer or motion.	1059
Within twenty days from the date the issues are raised, either	1060
party may move for summary judgment. The right to summary judgment	1061
shall appear on the face of the record.	1062

(E) Unless the petition and the files and records of the case	1063
show the petitioner is not entitled to relief, the court shall	1064
proceed to a prompt hearing on the issues even if a direct appeal	1065
of the case is pending. If the court notifies the parties that it	1066
has found grounds for granting relief, either party may request an	1067
appellate court in which a direct appeal of the judgment is	1068
pending to remand the pending case to the court.	1069

(F) At any time before the answer or motion is filed, the	1070
petitioner may amend the petition with or without leave or	1071
prejudice to the proceedings. The petitioner may amend the	1072
petition with leave of court at any time thereafter.	1073

(G) If the court does not find grounds for granting relief,	1074
it shall make and file findings of fact and conclusions of law and	1075
shall enter judgment denying relief on the petition. If no direct	1076
appeal of the case is pending and the court finds grounds for	1077
relief or if a pending direct appeal of the case has been remanded	1078
to the court pursuant to a request made pursuant to division (E)	1079
of this section and the court finds grounds for granting relief,	1080
it shall make and file findings of fact and conclusions of law and	1081
shall enter a judgment that vacates and sets aside the judgment in	1082
question, and, in the case of a petitioner who is a prisoner in	1083
custody, shall discharge or resentence the petitioner or grant a	1084
new trial as the court determines appropriate. The court also may	1085
make supplementary orders to the relief granted, concerning such	1086
matters as rearraignment, retrial, custody, and bail. If the trial	1087
court's order granting the petition is reversed on appeal and if	1088
the direct appeal of the case has been remanded from an appellate	1089
court pursuant to a request under division (E) of this section,	1090
the appellate court reversing the order granting the petition	1091
shall notify the appellate court in which the direct appeal of the	1092
case was pending at the time of the remand of the reversal and	1093
remand of the trial court's order. Upon the reversal and remand of	1094
the trial court's order granting the petition, regardless of	1095
whether notice is sent or received, the direct appeal of the case	1096
that was remanded is reinstated.	1097

(H) Upon the filing of a petition pursuant to division (A) of	1098
this section by a person sentenced to death, only the supreme	1099
court may stay execution of the sentence of death.	1100

(I)(1) If a person sentenced to death intends to file a	1101
petition under this section, the court shall appoint counsel to	1102
represent the person upon a finding that the person is indigent	1103
and that the person either accepts the appointment of counsel or	1104
is unable to make a competent decision whether to accept or reject	1105
the appointment of counsel. The court may decline to appoint	1106
counsel for the person only upon a finding, after a hearing if	1107
necessary, that the person rejects the appointment of counsel and	1108
understands the legal consequences of that decision or upon a	1109
finding that the person is not indigent.	1110

(2) The court shall not appoint as counsel under division	1111
(I)(1) of this section an attorney who represented the petitioner	1112
at trial in the case to which the petition relates unless the	1113
person and the attorney expressly request the appointment. The	1114
court shall appoint as counsel under division (I)(1) of this	1115
section only an attorney who is certified under Rule 20 of the	1116
Rules of Superintendence for the Courts of Ohio to represent	1117
indigent defendants charged with or convicted of an offense for	1118
which the death penalty can be or has been imposed. The	1119
ineffectiveness or incompetence of counsel during proceedings	1120
under this section does not constitute grounds for relief in a	1121
proceeding under this section, in an appeal of any action under	1122
this section, or in an application to reopen a direct appeal.	1123

(3) Division (I) of this section does not preclude attorneys	1124
who represent the state of Ohio from invoking the provisions of 28	1125
U.S.C. 154 with respect to capital cases that were pending in	1126
federal habeas corpus proceedings prior to July 1, 1996, insofar	1127
as the petitioners in those cases were represented in proceedings	1128
under this section by one or more counsel appointed by the court	1129
under this section or section 120.06, 120.16, 120.26, or 120.33 of	1130
the Revised Code and those appointed counsel meet the requirements	1131
of division (I)(2) of this section.	1132

(J) Subject to the appeal of a sentence for a felony that is	1133
authorized by section 2953.08 of the Revised Code, the remedy set	1134
forth in this section is the exclusive remedy by which a person	1135
may bring a collateral challenge to the validity of a conviction	1136
or sentence in a criminal case or to the validity of an	1137
adjudication of a child as a delinquent child for the commission	1138
of an act that would be a criminal offense if committed by an	1139
adult or the validity of a related order of disposition.	1140

Sec. 2953.23.  (A) Whether a hearing is or is not held on a	1141
petition filed pursuant to section 2953.21 of the Revised Code, a	1142
court may not entertain a petition filed after the expiration of	1143
the period prescribed in division (A) of that section or a second	1144
petition or successive petitions for similar relief on behalf of a	1145
petitioner unless division (A)(1) or (2) of this section applies:	1146

(1) Both of the following apply:

1147

(a) Either the petitioner shows that the petitioner was	1148
unavoidably prevented from discovery of the facts upon which the	1149
petitioner must rely to present the claim for relief, or,	1150
subsequent to the period prescribed in division (A)(2) of section	1151
2953.21 of the Revised Code or to the filing of an earlier	1152
petition, the United States Supreme Court recognized a new federal	1153
or state right that applies retroactively to persons in the	1154
petitioner's situation, and the petition asserts a claim based on	1155
that right.	1156

(b) The petitioner shows by clear and convincing evidence	1157
that, but for constitutional error at trial, no reasonable	1158
factfinder would have found the petitioner guilty of the offense	1159
of which the petitioner was convicted or, if the claim challenges	1160
a sentence of death that, but for constitutional error at the	1161
sentencing hearing, no reasonable factfinder would have found the	1162
petitioner eligible for the death sentence.	1163

(2) The petitioner was convicted of a felony, the petitioner	1164
is an inmateoffender for whom DNA testing was performed under	1165
sections 2953.71 to 2953.81 of the Revised Code or under former	1166
section 2953.82 of the Revised Code and analyzed in the context	1167
of and upon consideration of all available admissible evidence	1168
related to the inmate's case as described in division (D) of	1169
section 2953.74 of the Revised Code, and the results of the DNA	1170
testing establish, by clear and convincing evidence, actual	1171
innocence of that felony offense or, if the person was sentenced	1172
to death, establish, by clear and convincing evidence, actual	1173
innocence of the aggravating circumstance or circumstances the	1174
person was found guilty of committing and that is or are the	1175
basis of that sentence of death.	1176

As used in this division, "actual innocence" has the same	1177
meaning as in division (A)(1)(b) of section 2953.21 of the Revised	1178
Code, and "former section 2953.82 of the Revised Code" has the	1179
same meaning as in division (A)(1)(c) of section 2953.21 of the	1180
Revised Code.	1181

(B) An order awarding or denying relief sought in a petition	1182
filed pursuant to section 2953.21 of the Revised Code is a final	1183
judgment and may be appealed pursuant to Chapter 2953. of the	1184
Revised Code.	1185

Sec. 2953.71. As used in sections 2953.71 to 2953.83 of the	1186
Revised Code:	1187

(A) "Application" or "application for DNA testing" means a	1188
request through postconviction relief for the state to do DNA	1189
testing on biological material from whichever of the following is	1190
applicable:	1191

(1) The case in which the inmateoffender was convicted of	1192
the offense for which the inmate is an eligible inmateoffender	1193
and is requesting the DNA testing under sections 2953.71 to	1194
2953.81 of the Revised Code;	1195

(2) The case in which the inmate pleaded guilty or no	1196
contest to the offense for which the inmate is requesting the DNA	1197
testing under section 2953.82 of the Revised Code.	1198

(B) "Biological material" means any product of a human body	1199
containing DNA.	1200

(C) "Chain of custody" means a record or other evidence that	1201
tracks a subject sample of biological material from the time the	1202
biological material was first obtained until the time it currently	1203
exists in its place of storage and, in relation to a DNA sample, a	1204
record or other evidence that tracks the DNA sample from the time	1205
it was first obtained until it currently exists in its place of	1206
storage. For purposes of this division, examples of when	1207
biological material or a DNA sample is first obtained include, but	1208
are not limited to, obtaining the material or sample at the scene	1209
of a crime, from a victim, from an inmateoffender, or in any	1210
other manner or time as is appropriate in the facts and	1211
circumstances present.	1212

(D) "Custodial agency" means the group or entity that has the	1213
responsibility to maintain biological material in question.	1214

(E) "Custodian" means the person who is the primary	1215
representative of a custodial agency.	1216

(F) "Eligible inmateoffender" means an inmateoffender who	1217
is eligible under division (C) of section 2953.72 of the Revised	1218
Code to request DNA testing to be conducted under sections 2953.71	1219
to 2953.81 of the Revised Code.	1220

(G) "Exclusion" or "exclusion result" means a result of DNA	1221
testing that scientifically precludes or forecloses the subject	1222
inmateoffender as a contributor of biological material recovered	1223
from the crime scene or victim in question, in relation to the	1224
offense for which the inmateoffender is an eligible inmate	1225
offender and for which the sentence of death or prison term was	1226
imposed upon the inmate or, regarding a request for DNA testing	1227
made under section 2953.82 of the Revised Code, in relation to	1228
the offense for which the inmate made the request and for which	1229
the sentence of death or prison term was imposed upon the inmate	1230
offender.	1231

(H) "Extracting personnel" means medically approved personnel	1232
who are employed to physically obtain an inmateoffender's DNA	1233
specimen for purposes of DNA testing under sections 2953.71 to	1234
2953.81 or section 2953.82 of the Revised Code.	1235

(I) "Inclusion" or "inclusion result" means a result of DNA	1236
testing that scientifically cannot exclude, or that holds	1237
accountable, the subject inmateoffender as a contributor of	1238
biological material recovered from the crime scene or victim in	1239
question, in relation to the offense for which the inmateoffender	1240
is an eligible inmateoffender and for which the sentence of death	1241
or prison term was imposed upon the inmate or, regarding a	1242
request for DNA testing made under section 2953.82 of the Revised	1243
Code, in relation to the offense for which the inmate made the	1244
request and for which the sentence of death or prison term was	1245
imposed upon the inmateoffender.	1246

(J) "Inconclusive" or "inconclusive result" means a result of	1247
DNA testing that is rendered when a scientifically appropriate and	1248
definitive DNA analysis or result, or both, cannot be determined.	1249

(K) "InmateOffender" means an inmate in a prisona criminal	1250
offender who was sentenced by a court, or by a jury and a court,	1251
of this state.	1252

(L) "Outcome determinative" means that had the results of DNA	1253
testing of the subject inmateoffender been presented at the trial	1254
of the subject inmateoffender requesting DNA testing and been	1255
found relevant and admissible with respect to the felony offense	1256
for which the inmateoffender is an eligible inmateoffender and	1257
is requesting the DNA testing or for which the inmateis	1258
requesting the DNA testing under section 2953.82 of the Revised	1259
Code, and had those results been analyzed in the context of and	1260
upon consideration of all available admissible evidence related to	1261
the inmate'soffender's case as described in division (D) of	1262
section 2953.74 of the Revised Code, there is a strong probability	1263
that no reasonable factfinder would have found the inmateoffender	1264
guilty of that offense or, if the inmateoffender was sentenced to	1265
death relative to that offense, would have found the inmate	1266
offender guilty of the aggravating circumstance or circumstances	1267
the inmateoffender was found guilty of committing and that is or	1268
are the basis of that sentence of death.	1269

(M) "Parent sample" means the biological material first	1270
obtained from a crime scene or a victim of an offense for which an	1271
inmateoffender is an eligible inmate or for which the inmate is	1272
requesting the DNA testing under section 2953.82 of the Revised	1273
Codeoffender, and from which a sample will be presently taken to	1274
do a DNA comparison to the DNA of the subject inmateoffender	1275
under sections 2953.71 to 2953.81 or section 2953.82 of the	1276
Revised Code.	1277

(N) "Prison" hasand "community control sanction" have the	1278
same meaningmeanings as in section 2929.01 of the Revised Code.	1279

(O) "Prosecuting attorney" means the prosecuting attorney	1280
who, or whose office, prosecuted the case in which the subject	1281
inmateoffender was convicted of the offense for which the inmate	1282
offender is an eligible inmateoffender and is requesting the DNA	1283
testing or for which the inmate is requesting the DNA testing	1284
under section 2953.82 of the Revised Code.	1285

(P) "Prosecuting authority" means the prosecuting attorney or	1286
the attorney general.	1287

(Q) "Reasonable diligence" means a degree of diligence that	1288
is comparable to the diligence a reasonable person would employ in	1289
searching for information regarding an important matter in the	1290
person's own life.	1291

(R) "Testing authority" means a laboratory at which DNA	1292
testing will be conducted under sections 2953.71 to 2953.81 or	1293
section 2953.82 of the Revised Code.	1294

(S) "Parole" and "post-release control" have the same	1295
meanings as in section 2967.01 of the Revised Code.	1296

(T) "Sexually oriented offense" and "child-victim oriented	1297
offense" have the same meanings as in section 2950.01 of the	1298
Revised Code.	1299

Sec. 2953.72. (A) Any eligible inmateoffender who wishes to	1300
request DNA testing under sections 2953.71 to 2953.81 of the	1301
Revised Code shall submit an application for the testing to the	1302
court of common pleas specified in section 2953.73 of the Revised	1303
Code, on a form prescribed by the attorney general for this	1304
purpose. The eligible inmateoffender shall submit the application	1305
in accordance with the procedures set forth in section 2953.73 of	1306
the Revised Code. The eligible inmateoffender shall specify on	1307
the application the offense or offenses for which the inmate	1308
offender is an eligible inmateoffender and is requesting the DNA	1309
testing. Along with the application, the eligible inmateoffender	1310
shall submit an acknowledgment that is on a form prescribed by the	1311
attorney general for this purpose and that is signed by the inmate	1312
offender. The acknowledgment shall set forth all of the following:	1313

(1) That sections 2953.71 to 2953.81 of the Revised Code	1314
contemplate applications for DNA testing of an eligible inmates	1315
offender at a stage of a prosecution or case after the inmate	1316
offender has been sentenced to a prison term or a sentence of	1317
death, that any exclusion or inclusion result of DNA testing	1318
rendered pursuant to those sections may be used by a party in any	1319
proceeding as described in section 2953.81 of the Revised Code,	1320
and that all requests for any DNA testing made at trial will	1321
continue to be handled by the prosecuting attorney in the case;	1322

(2) That the process of conducting postconviction DNA testing	1323
for an eligible inmateoffender under sections 2953.71 to 2953.81	1324
of the Revised Code begins when the inmateoffender submits an	1325
application under section 2953.73 of the Revised Code and the	1326
acknowledgment described in this section;	1327

(3) That the eligible inmateoffender must submit the	1328
application and acknowledgment to the court of common pleas that	1329
heard the case in which the inmateoffender was convicted of the	1330
offense for which the inmateoffender is an eligible offender and	1331
is requesting the DNA testing;	1332

(4) That the state has established a set of criteria set	1333
forth in section 2953.74 of the Revised Code by which eligible	1334
inmateoffender applications for DNA testing will be screened and	1335
that a judge of a court of common pleas upon receipt of a properly	1336
filed application and accompanying acknowledgment will apply those	1337
criteria to determine whether to accept or reject the application;	1338

(5) That the results of DNA testing conducted under sections	1339
2953.71 to 2953.81 of the Revised Code will be provided as	1340
described in section 2953.81 of the Revised Code to all parties in	1341
the postconviction proceedings and will be reported to various	1342
courts;	1343

(6) That, if DNA testing is conducted with respect to an	1344
inmateoffender under sections 2953.71 to 2953.81 of the Revised	1345
Code, the state will not offer the inmateoffender a retest if an	1346
inclusion result is achieved relative to the testing and that, if	1347
the state were to offer a retest after an inclusion result, the	1348
policy would create an atmosphere in which endless testing could	1349
occur and in which postconviction proceedings could be stalled for	1350
many years;	1351

(7) That, if the court rejects an eligible inmate's	1352
offender's application for DNA testing because the inmateoffender	1353
does not satisfy the acceptance criteria described in division	1354
(A)(4) of this section, the court will not accept or consider	1355
subsequent applications;	1356

(8) That the acknowledgment memorializes the provisions of	1357
sections 2953.71 to 2953.81 of the Revised Code with respect to	1358
the application of postconviction DNA testing to inmates	1359
offenders, that those provisions do not give any inmateoffender	1360
any additional constitutional right that the inmateoffender did	1361
not already have, that the court has no duty or obligation to	1362
provide postconviction DNA testing to inmatesoffenders, that the	1363
court of common pleas has the sole discretion subject to an appeal	1364
as described in this division to determine whether an inmate	1365
offender is an eligible inmateoffender and whether an eligible	1366
inmate'soffender's application for DNA testing satisfies the	1367
acceptance criteria described in division (A)(4) of this section	1368
and whether the application should be accepted or rejected, that	1369
if the court of common pleas rejects an eligible inmate's	1370
offender's application, the inmateoffender may seek leave of the	1371
supreme court to appeal the rejection to that court if the inmate	1372
offender was sentenced to death for the offense for which the	1373
inmateoffender is requesting the DNA testing and, if the inmate	1374
offender was not sentenced to death for that offense, may appeal	1375
the rejection to the court of appeals, and that no determination	1376
otherwise made by the court of common pleas in the exercise of its	1377
discretion regarding the eligibility of an inmateoffender or	1378
regarding postconviction DNA testing under those provisions is	1379
reviewable by or appealable to any court;	1380

(9) That the manner in which sections 2953.71 to 2953.81 of	1381
the Revised Code with respect to the offering of postconviction	1382
DNA testing to inmatesoffenders are carried out does not confer	1383
any constitutional right upon any inmateoffender, that the state	1384
has established guidelines and procedures relative to those	1385
provisions to ensure that they are carried out with both justice	1386
and efficiency in mind, and that an inmateoffender who	1387
participates in any phase of the mechanism contained in those	1388
provisions, including, but not limited to, applying for DNA	1389
testing and being rejected, having an application for DNA testing	1390
accepted and not receiving the test, or having DNA testing	1391
conducted and receiving unfavorable results, does not gain as a	1392
result of the participation any constitutional right to challenge,	1393
or, except as provided in division (A)(8) of this section, any	1394
right to any review or appeal of, the manner in which those	1395
provisions are carried out;	1396

(10) That the most basic aspect of sections 2953.71 to	1397
2953.81 of the Revised Code is that, in order for DNA testing to	1398
occur, there must be an inmateoffender sample against which other	1399
evidence may be compared, that, if an eligible inmate'soffender's	1400
application is accepted but the inmateoffender subsequently	1401
refuses to submit to the collection of the sample of biological	1402
material from the inmateoffender or hinders the state from	1403
obtaining a sample of biological material from the inmate	1404
offender, the goal of those provisions will be frustrated, and	1405
that an inmate'soffender's refusal or hindrance shall cause the	1406
court to rescind its prior acceptance of the application for DNA	1407
testing for the inmateoffender and deny the application;	1408

(11) That, if the inmate is an inmate who pleaded guilty or	1409
no contest to a felony offense and who is using the application	1410
and acknowledgment to request DNA testing under section 2953.82	1411
of the Revised Code, all references in the acknowledgment to an	1412
"eligible inmate" are considered to be references to, and apply	1413
to, the inmate and all references in the acknowledgment to	1414
"sections 2953.71 to 2953.81 of the Revised Code" are considered	1415
to be references to "section 2953.82 of the Revised Code."	1416

(B) The attorney general shall prescribe a form to be used to	1417
make an application for DNA testing under division (A) of this	1418
section and section 2953.73 of the Revised Code and a form to be	1419
used to provide the acknowledgment described in division (A) of	1420
this section. The forms shall include all information described in	1421
division (A) of this section, spaces for an inmateoffender to	1422
insert all information necessary to complete the forms, including,	1423
but not limited to, specifying the offense or offenses for which	1424
the inmateoffender is an eligible inmateoffender and is	1425
requesting the DNA testing or for which the inmate is requesting	1426
the DNA testing under section 2953.82 of the Revised Code, and	1427
any other information or material the attorney general determines	1428
is necessary or relevant. The forms also shall be used to make an	1429
application requesting DNA testing under section 2953.82 of the	1430
Revised Code, and the attorney general shall ensure that they are	1431
sufficient for that type of use, and that they include all	1432
information and spaces necessary for that type of use. The	1433
attorney general shall distribute copies of the prescribed forms	1434
to the department of rehabilitation and correction, the	1435
department shall ensure that each prison in which inmates	1436
offenders are housed has a supply of copies of the forms, and the	1437
department shall ensure that copies of the forms are provided free	1438
of charge to any inmateoffender who requests them.	1439

(C)(1) An inmateoffender is eligible to request DNA testing	1440
to be conducted under sections 2953.71 to 2953.81 of the Revised	1441
Code only if all of the following apply:	1442

(a) The offense for which the inmateoffender claims to be an	1443
eligible inmateoffender is a felony, and the inmateoffender was	1444
convicted by a judge or jury of that offense.	1445

(b) One of the following applies:

1446

(i) The inmateoffender was sentenced to a prison term or	1447
sentence of death for the felony described in division (C)(1)(a)	1448
of this section, and the offender is in prison serving that prison	1449
term or under that sentence of death, has been paroled or is on	1450
probation regarding that felony, is under post-release control	1451
regarding that felony, or has been released from that prison term	1452
and is under a community control sanction regarding that felony.	1453

(ii) The offender was not sentenced to a prison term or	1454
sentence of death for the felony described in division (C)(1)(a)	1455
of this section, but was sentenced to a community control sanction	1456
for that felony and is under that community control sanction.	1457

(iii) The felony described in division (C)(1)(a) of this	1458
section was a sexually oriented offense or child-victim oriented	1459
offense, and the offender has a duty to comply with sections	1460
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code	1461
relative to that felony.	1462

(c) On the date on which the application is filed, the inmate	1463
has at least one year remaining on the prison term described in	1464
division (C)(1)(b) of this section, or the inmate is in prison	1465
under a sentence of death as described in that division.	1466

(2) An inmateoffender is not an eligible inmateoffender	1467
under division (C)(1) of this section regarding any offense to	1468
which the inmateoffender pleaded guilty or no contest.	1469

(3) An offender is not an eligible offender under division	1470
(C)(1) of this section regarding any offense if the offender dies	1471
prior to submitting an application for DNA testing related to that	1472
offense under section 2953.73 of the Revised Code.	1473

Sec. 2953.73. (A) An eligible inmateoffender who wishes to	1474
request DNA testing to be conducted under sections 2953.71 to	1475
2953.81 of the Revised Code shall submit an application for DNA	1476
testing on a form prescribed by the attorney general for this	1477
purpose and shall submit the form to the court of common pleas	1478
that sentenced the inmateoffender for the offense for which the	1479
inmateoffender is an eligible inmateoffender and is requesting	1480
DNA testing.	1481

(B) If an eligible inmateoffender submits an application for	1482
DNA testing under division (A) of this section, upon the	1483
submission of the application, all of the following apply:	1484

(1) The eligible inmateoffender shall serve a copy of the	1485
application on the prosecuting attorney and the attorney general.	1486

(2) The application shall be assigned to the judge of that	1487
court of common pleas who was the trial judge in the case in which	1488
the eligible inmateoffender was convicted of the offense for	1489
which the inmateoffender is requesting DNA testing, or, if that	1490
judge no longer is a judge of that court, it shall be assigned	1491
according to court rules. The judge to whom the application is	1492
assigned shall decide the application. The application shall	1493
become part of the file in the case.	1494

(C) If an eligible inmateoffender submits an application for	1495
DNA testing under division (A) of this section, regardless of	1496
whether the inmateoffender has commenced any federal habeas	1497
corpus proceeding relative to the case in which the inmate	1498
offender was convicted of the offense for which the inmate	1499
offender is an eligible inmateoffender and is requesting DNA	1500
testing, any response to the application by the prosecuting	1501
attorney or the attorney general shall be filed not later than	1502
forty-five days after the date on which the eligible inmate	1503
offender submits the application. The prosecuting attorney or the	1504
attorney general, or both, may, but are not required to, file a	1505
response to the application. If the prosecuting attorney or the	1506
attorney general files a response under this division, the	1507
prosecuting attorney or attorney general, whoever filed the	1508
response, shall serve a copy of the response on the eligible	1509
inmateoffender.	1510

(D) If an eligible inmateoffender submits an application for	1511
DNA testing under division (A) of this section, the court shall	1512
make the determination as to whether the application should be	1513
accepted or rejected. The court shall expedite its review of the	1514
application. The court shall make the determination in accordance	1515
with the criteria and procedures set forth in sections 2953.74 to	1516
2953.81 of the Revised Code and, in making the determination,	1517
shall consider the application, the supporting affidavits, and the	1518
documentary evidence and, in addition to those materials, shall	1519
consider all the files and records pertaining to the proceedings	1520
against the applicant, including, but not limited to, the	1521
indictment, the court's journal entries, the journalized records	1522
of the clerk of the court, and the court reporter's transcript and	1523
all responses to the application filed under division (C) of this	1524
section by a prosecuting attorney or the attorney general, unless	1525
the application and the files and records show the applicant is	1526
not entitled to DNA testing, in which case the application may be	1527
denied. The court is not required to conduct an evidentiary	1528
hearing in conducting its review of, and in making its	1529
determination as to whether to accept or reject, the application.	1530
Upon making its determination, the court shall enter a judgment	1531
and order that either accepts or rejects the application and that	1532
includes within the judgment and order the reasons for the	1533
acceptance or rejection as applied to the criteria and procedures	1534
set forth in sections 2953.71 to 2953.81 of the Revised Code. The	1535
court shall send a copy of the judgment and order to the eligible	1536
inmateoffender who filed it, the prosecuting attorney, and the	1537
attorney general.	1538

(E) A judgment and order of a court entered under division	1539
(D) of this section is appealable only as provided in this	1540
division. If an eligible inmateoffender submits an application	1541
for DNA testing under section 2953.73 of the Revised Code and the	1542
court of common pleas rejects the application under division (D)	1543
of this section, one of the following applies:	1544

(1) If the inmateoffender was sentenced to death for the	1545
offense for which the inmateoffender claims to be an eligible	1546
inmateoffender and is requesting DNA testing, the inmateoffender	1547
may seek leave of the supreme court to appeal the rejection to the	1548
supreme court. Courts of appeals do not have jurisdiction to	1549
review any rejection if the inmateoffender was sentenced to death	1550
for the offense for which the inmateoffender claims to be an	1551
eligible inmateoffender and is requesting DNA testing.	1552

(2) If the inmateoffender was not sentenced to death for the	1553
offense for which the inmateoffender claims to be an eligible	1554
inmateoffender and is requesting DNA testing, the rejection is a	1555
final appealable order, and the inmateoffender may appeal it to	1556
the court of appeals of the district in which is located that	1557
court of common pleas.	1558

(F) Notwithstanding any provision of law regarding fees and	1559
costs, no filing fee shall be required of, and no court costs	1560
shall be assessed against, an eligible offender who is indigent	1561
and who submits an application under this section.	1562

(G) If a court rejects an eligible inmate'soffender's	1563
application for DNA testing under division (D) of this section,	1564
unless the rejection is overturned on appeal, no court shall	1565
require the state to administer a DNA test under sections 2953.71	1566
to 2953.81 of the Revised Code on the eligible inmateoffender.	1567

Sec. 2953.74. (A) If an eligible inmateoffender submits an	1568
application for DNA testing under section 2953.73 of the Revised	1569
Code and a prior definitive DNA test has been conducted regarding	1570
the same biological evidence that the inmateoffender seeks to	1571
have tested, the court shall reject the inmate'soffender's	1572
application. If an eligible inmateoffender files an application	1573
for DNA testing and a prior inconclusive DNA test has been	1574
conducted regarding the same biological evidence that the inmate	1575
offender seeks to have tested, the court shall review the	1576
application and has the discretion, on a case-by-case basis, to	1577
either accept or reject the application. The court may direct a	1578
testing authority to provide the court with information that the	1579
court may use in determining whether prior DNA test results were	1580
definitive or inconclusive and whether to accept or reject an	1581
application in relation to which there were prior inconclusive DNA	1582
test results.	1583

(B) If an eligible inmateoffender submits an application for	1584
DNA testing under section 2953.73 of the Revised Code, the court	1585
may accept the application only if one of the following applies:	1586

(1) The inmateoffender did not have a DNA test taken at the	1587
trial stage in the case in which the inmateoffender was convicted	1588
of the offense for which the inmateoffender is an eligible inmate	1589
offender and is requesting the DNA testing regarding the same	1590
biological evidence that the inmateoffender seeks to have tested,	1591
the inmateoffender shows that DNA exclusion when analyzed in the	1592
context of and upon consideration of all available admissible	1593
evidence related to the subject inmate'soffender's case as	1594
described in division (D) of this section would have been outcome	1595
determinative at that trial stage in that case, and, at the time	1596
of the trial stage in that case, DNA testing was not generally	1597
accepted, the results of DNA testing were not generally admissible	1598
in evidence, or DNA testing was not yet available.	1599

(2) The inmateoffender had a DNA test taken at the trial	1600
stage in the case in which the inmateoffender was convicted of	1601
the offense for which the inmateoffender is an eligible inmate	1602
offender and is requesting the DNA testing regarding the same	1603
biological evidence that the inmateoffender seeks to have	1604
tested, the test was not a prior definitive DNA test that is	1605
subject to division (A) of this section, and the inmateoffender	1606
shows that DNA exclusion when analyzed in the context of and upon	1607
consideration of all available admissible evidence related to the	1608
subject inmate'soffender's case as described in division (D) of	1609
this section would have been outcome determinative at the trial	1610
stage in that case.	1611

(C) If an eligible inmateoffender submits an application for	1612
DNA testing under section 2953.73 of the Revised Code, the court	1613
may accept the application only if all of the following apply:	1614

(1) The court determines pursuant to section 2953.75 of the	1615
Revised Code that biological material was collected from the crime	1616
scene or the victim of the offense for which the inmateoffender	1617
is an eligible inmateoffender and is requesting the DNA testing	1618
and that the parent sample of that biological material against	1619
which a sample from the inmateoffender can be compared still	1620
exists at that point in time.	1621

(2) The testing authority determines all of the following	1622
pursuant to section 2953.76 of the Revised Code regarding the	1623
parent sample of the biological material described in division	1624
(C)(1) of this section:	1625

(a) The parent sample of the biological material so collected	1626
contains scientifically sufficient material to extract a test	1627
sample.	1628

(b) The parent sample of the biological material so collected	1629
is not so minute or fragile as to risk destruction of the parent	1630
sample by the extraction described in division (C)(2)(a) of this	1631
section; provided that the court may determine in its discretion,	1632
on a case-by-case basis, that, even if the parent sample of the	1633
biological material so collected is so minute or fragile as to	1634
risk destruction of the parent sample by the extraction, the	1635
application should not be rejected solely on the basis of that	1636
risk.	1637

(c) The parent sample of the biological material so collected	1638
has not degraded or been contaminated to the extent that it has	1639
become scientifically unsuitable for testing, and the parent	1640
sample otherwise has been preserved, and remains, in a condition	1641
that is scientifically suitable for testing.	1642

(3) The court determines that, at the trial stage in the case	1643
in which the inmateoffender was convicted of the offense for	1644
which the inmateoffender is an eligible inmateoffender and is	1645
requesting the DNA testing, the identity of the person who	1646
committed the offense was an issue.	1647

(4) The court determines that one or more of the defense	1648
theories asserted by the inmateoffender at the trial stage in the	1649
case described in division (C)(3) of this section or in a retrial	1650
of that case in a court of this state was of such a nature that,	1651
if DNA testing is conducted and an exclusion result is obtained,	1652
the exclusion result will be outcome determinative.	1653

(5) The court determines that, if DNA testing is conducted	1654
and an exclusion result is obtained, the results of the testing	1655
will be outcome determinative regarding that inmateoffender.	1656

(6) The court determines pursuant to section 2953.76 of the	1657
Revised Code from the chain of custody of the parent sample of the	1658
biological material to be tested and of any test sample extracted	1659
from the parent sample, and from the totality of circumstances	1660
involved, that the parent sample and the extracted test sample are	1661
the same sample as collected and that there is no reason to	1662
believe that they have been out of state custody or have been	1663
tampered with or contaminated since they were collected.	1664

(D) If an eligible inmateoffender submits an application for	1665
DNA testing under section 2953.73 of the Revised Code, the court,	1666
in determining whether the "outcome determinative" criterion	1667
described in divisions (B)(1) and (2) of this section has been	1668
satisfied, shall consider all available admissible evidence	1669
related to the subject inmate'soffender's case.	1670

(E) If an eligible inmateoffender submits an application for	1671
DNA testing under section 2953.73 of the Revised Code and the	1672
court accepts the application, the eligible inmateoffender may	1673
request the court to order, or the court on its own initiative may	1674
order, the bureau of criminal identification and investigation to	1675
compare the results of DNA testing of biological material from an	1676
unidentified person other than the inmateoffender that was	1677
obtained from the crime scene or from a victim of the offense for	1678
which the inmateoffender has been approved for DNA testing to the	1679
combined DNA index system maintained by the federal bureau of	1680
investigation.	1681

If the bureau, upon comparing the test results to the	1682
combined DNA index system, determines the identity of the person	1683
who is the contributor of the biological material, the bureau	1684
shall provide that information to the court that accepted the	1685
application, the inmateoffender, and the prosecuting attorney.	1686
The inmateoffender or the state may use the information for any	1687
lawful purpose.	1688

If the bureau, upon comparing the test results to the	1689
combined DNA index system, is unable to determine the identity of	1690
the person who is the contributor of the biological material, the	1691
bureau may compare the test results to other previously obtained	1692
and acceptable DNA test results of any person whose identity is	1693
known other than the eligible inmateoffender. If the bureau, upon	1694
comparing the test results to the DNA test results of any person	1695
whose identity is known, determines that the person whose identity	1696
is known is the contributor of the biological material, the bureau	1697
shall provide that information to the court that accepted the	1698
application, the inmateoffender, and the prosecuting attorney.	1699
The inmateoffender or the state may use the information for any	1700
lawful purpose.	1701

Sec. 2953.75. (A) If an eligible inmateoffender submits an	1702
application for DNA testing under section 2953.73 of the Revised	1703
Code, the court shall require the prosecuting attorney to use	1704
reasonable diligence to determine whether biological material was	1705
collected from the crime scene or victim of the offense for which	1706
the inmateoffender is an eligible inmateoffender and is	1707
requesting the DNA testing against which a sample from the inmate	1708
offender can be compared and whether the parent sample of that	1709
biological material still exists at that point in time. In using	1710
reasonable diligence to make those determinations, the prosecuting	1711
attorney shall rely upon all relevant sources, including, but not	1712
limited to, all of the following:	1713

(1) All prosecuting authorities in the case in which the	1714
inmateoffender was convicted of the offense for which the inmate	1715
offender is an eligible inmateoffender and is requesting the DNA	1716
testing and in the appeals of, and postconviction proceedings	1717
related to, that case;	1718

(2) All law enforcement authorities involved in the	1719
investigation of the offense for which the inmateoffender is an	1720
eligible offender and is requesting the DNA testing;	1721

(3) All custodial agencies involved at any time with the	1722
biological material in question;	1723

(4) The custodian of all custodial agencies described in	1724
division (A)(3) of this section;	1725

(5) All crime laboratories involved at any time with the	1726
biological material in question;	1727

(6) All other reasonable sources.

1728

(B) The prosecuting attorney shall prepare a report that	1729
contains the prosecuting attorney's determinations made under	1730
division (A) of this section and shall file a copy of the report	1731
with the court and provide a copy to the eligible inmateoffender	1732
and the attorney general.	1733

Sec. 2953.76. If an eligible inmateoffender submits an	1734
application for DNA testing under section 2953.73 of the Revised	1735
Code, the court shall require the prosecuting attorney to consult	1736
with the testing authority and to prepare findings regarding the	1737
quantity and quality of the parent sample of the biological	1738
material collected from the crime scene or victim of the offense	1739
for which the inmateoffender is an eligible inmateoffender and	1740
is requesting the DNA testing and that is to be tested, and of the	1741
chain of custody and reliability regarding that parent sample, as	1742
follows:	1743

(A) The testing authority shall determine whether there is a	1744
scientifically sufficient quantity of the parent sample to test	1745
and whether the parent sample is so minute or fragile that there	1746
is a substantial risk that the parent sample could be destroyed in	1747
testing. The testing authority may determine that there is not a	1748
sufficient quantity to test in order to preserve the state's	1749
ability to present in the future the original evidence presented	1750
at trial, if another trial is required. Upon making its	1751
determination under this division, the testing authority shall	1752
prepare a written document that contains its determination and the	1753
reasoning and rationale for that determination and shall provide a	1754
copy to the court, the eligible inmateoffender, the prosecuting	1755
attorney, and the attorney general. The court may determine in its	1756
discretion, on a case-by-case basis, that, even if the parent	1757
sample of the biological material so collected is so minute or	1758
fragile as to risk destruction of the parent sample by the	1759
extraction, the application should not be rejected solely on the	1760
basis of that risk.	1761

(B) The testing authority shall determine whether the parent	1762
sample has degraded or been contaminated to the extent that it has	1763
become scientifically unsuitable for testing and whether the	1764
parent sample otherwise has been preserved, and remains, in a	1765
condition that is suitable for testing. Upon making its	1766
determination under this division, the testing authority shall	1767
prepare a written document that contains its determination and the	1768
reasoning and rationale for that determination and shall provide a	1769
copy to the court, the eligible inmateoffender, the prosecuting	1770
attorney, and the attorney general.	1771

(C) The court shall determine, from the chain of custody of	1772
the parent sample of the biological material to be tested and of	1773
any test sample extracted from the parent sample and from the	1774
totality of circumstances involved, whether the parent sample and	1775
the extracted test sample are the same sample as collected and	1776
whether there is any reason to believe that they have been out of	1777
state custody or have been tampered with or contaminated since	1778
they were collected. Upon making its determination under this	1779
division, the court shall prepare and retain a written document	1780
that contains its determination and the reasoning and rationale	1781
for that determination.	1782

Sec. 2953.77.  (A) If an eligible inmateoffender submits an	1783
application for DNA testing under section 2953.73 of the Revised	1784
Code and if the application is accepted and DNA testing is to be	1785
performed, the court shall require that the chain of custody	1786
remain intact and that all of the applicable following precautions	1787
are satisfied to ensure that the parent sample of the biological	1788
material collected from the crime scene or the victim of the	1789
offense for which the inmateoffender is an eligible inmate	1790
offender and requested the DNA testing, and the test sample of the	1791
parent sample that is extracted and actually is to be tested, are	1792
not contaminated during transport or the testing process:	1793

(1) The court shall require that the chain of custody be	1794
maintained and documented relative to the parent sample and the	1795
test sample actually to be tested between the time they are	1796
removed from their place of storage or the time of their	1797
extraction to the time at which the DNA testing will be performed.	1798

(2) The court, the testing authority, and the law enforcement	1799
and prosecutorial personnel involved in the process, or any	1800
combination of those entities and persons, shall coordinate the	1801
transport of the parent sample and the test sample actually to be	1802
tested between their place of storage and the place where the DNA	1803
testing will be performed, and the court and testing authority	1804
shall document the transport procedures so used.	1805

(3) The testing authority shall determine and document the	1806
custodian of the parent sample and the test sample actually to be	1807
tested after they are in the possession of the testing authority.	1808

(4) The testing authority shall maintain and preserve the	1809
parent sample and the test sample actually to be tested after they	1810
are in the possession of the testing authority and shall document	1811
the maintenance and preservation procedures used.	1812

(5) After the DNA testing, the court, the testing authority,	1813
and the original custodial agency of the parent sample, or any	1814
combination of those entities, shall coordinate the return of the	1815
remaining parent sample back to its place of storage with the	1816
original custodial agency or to any other place determined in	1817
accordance with this division and section 2953.81 of the Revised	1818
Code. The court shall determine, in consultation with the testing	1819
authority, the custodial agency to maintain any newly created,	1820
extracted, or collected DNA material resulting from the testing.	1821
The court and testing authority shall document the return	1822
procedures for original materials and for any newly created,	1823
extracted, or collected DNA material resulting from the testing,	1824
and also the custodial agency to which those materials should be	1825
taken.	1826

(B) A court or testing authority shall provide the	1827
documentation required under division (A) of this section in	1828
writing and shall maintain that documentation.	1829

Sec. 2953.78.  (A) If an eligible inmateoffender submits an	1830
application for DNA testing under section 2953.73 of the Revised	1831
Code and if the application is accepted and DNA testing is to be	1832
performed, the court shall select the testing authority to be used	1833
for the testing. A court shall not select or use a testing	1834
authority for DNA testing unless the attorney general approves or	1835
designates the testing authority pursuant to division (C) of this	1836
section and unless the testing authority satisfies the criteria	1837
set forth in section 2953.80 of the Revised Code.	1838

(B) If a court selects a testing authority pursuant to	1839
division (A) of this section and the eligible inmateoffender for	1840
whom the test is to be performed objects to the use of the	1841
selected testing authority, the court shall rescind its prior	1842
acceptance of the application for DNA testing for the inmate	1843
offender and deny the application. An objection as described in	1844
this division, and the resulting rescission and denial, do not	1845
preclude a court from accepting in the court's discretion, a	1846
subsequent application by the same eligible inmateoffender	1847
requesting DNA testing.	1848

(C) The attorney general shall approve or designate testing	1849
authorities that may be selected and used to conduct DNA testing,	1850
shall prepare a list of the approved or designated testing	1851
authorities, and shall provide copies of the list to all courts of	1852
common pleas. The attorney general shall update the list as	1853
appropriate to reflect changes in the approved or designated	1854
testing authorities and shall provide copies of the updated list	1855
to all courts of common pleas. The attorney general shall not	1856
approve or designate a testing authority under this division	1857
unless the testing authority satisfies the criteria set forth in	1858
section 2953.80 of the Revised Code. A testing authority that is	1859
equipped to handle advanced DNA testing may be approved or	1860
designated under this division, provided it satisfies the criteria	1861
set forth in that section.	1862

(D) The attorney general's approval or designation of testing	1863
authorities under division (C) of this section, and the selection	1864
and use of any approved or designated testing authority, do not	1865
afford an inmateoffender any right to subsequently challenge the	1866
approval, designation, selection, or use, and an inmateoffender	1867
may not appeal to any court the approval, designation, selection,	1868
or use of a testing authority.	1869

Sec. 2953.79.  (A) If an eligible inmateoffender submits an	1870
application for DNA testing under section 2953.73 of the Revised	1871
Code and if the application is accepted and DNA testing is to be	1872
performed, a sample of biological material shall be obtained from	1873
the inmateoffender in accordance with this section, to be	1874
compared with the parent sample of biological material collected	1875
from the crime scene or the victim of the offense for which the	1876
inmateoffender is an eligible inmateoffender and requested the	1877
DNA testing. The inmate'soffender's filing of the application	1878
constitutes the inmate'soffender's consent to the obtaining of	1879
the sample of biological material from the inmateoffender. The	1880
testing authority shall obtain the sample of biological material	1881
from the inmateoffender in accordance with medically accepted	1882
procedures.	1883

(B) If DNA testing is to be performed for an inmateoffender	1884
as described in division (A) of this section, the court shall	1885
require the state to coordinate with the department of	1886
rehabilitation and correction or the other state agency or entity	1887
of local government with custody of the offender, whichever is	1888
applicable, as to the time and place at which the sample of	1889
biological material will be obtained from the inmateoffender. The	1890
If the offender is in prison or is in custody in another facility	1891
at the time the DNA testing is to be performed, the sample of	1892
biological material shall be obtained from the inmateoffender at	1893
the facility in which the inmateoffender is housed, and the	1894
department of rehabilitation and correction or the other state	1895
agency or entity of local government with custody of the offender,	1896
whichever is applicable, shall make the inmateoffender available	1897
at the specified time. The court shall require the state to	1898
provide notice to the inmateoffender and to the inmate's	1899
offender's counsel of the date on which, and the time and place at	1900
which, the sample will be so obtained.	1901

The court also shall require the state to coordinate with the	1902
testing authority regarding the obtaining of the sample from the	1903
inmateoffender.	1904

(C)(1) If DNA testing is to be performed for an inmate	1905
offender as described in division (A) of this section, and the	1906
inmateoffender refuses to submit to the collection of the sample	1907
of biological material from the inmateoffender or hinders the	1908
state from obtaining a sample of biological material from the	1909
inmateoffender, the court shall rescind its prior acceptance of	1910
the application for DNA testing for the inmateoffender and deny	1911
the application.	1912

(2) For purposes of division (C)(1) of this section:

1913

(a) An inmate'soffender's "refusal to submit to the	1914
collection of a sample of biological material from the inmate	1915
offender" includes, but is not limited to, the inmate'soffender's	1916
rejection of the physical manner in which a sample of the inmate's	1917
offender's biological material is to be taken.	1918

(b) An inmate'soffender's "hindrance of the state in	1919
obtaining a sample of biological material from the inmate	1920
offender" includes, but is not limited to, the inmateoffender	1921
being physically or verbally uncooperative or antagonistic in the	1922
taking of a sample of the inmate'soffender's biological material.	1923

(D) The extracting personnel shall make the determination as	1924
to whether an eligible inmateoffender for whom DNA testing is to	1925
be performed is refusing to submit to the collection of a sample	1926
of biological material from the inmateoffender or is hindering	1927
the state from obtaining a sample of biological material from the	1928
inmateoffender at the time and date of the scheduled collection	1929
of the sample. If the extracting personnel determine that an	1930
inmateoffender is refusing to submit to the collection of a	1931
sample or is hindering the state from obtaining a sample, the	1932
extracting personnel shall document in writing the conditions that	1933
constitute the refusal or hindrance, maintain the documentation,	1934
and notify the court of the inmate'soffender's refusal or	1935
hindrance.	1936

Sec. 2953.81. If an eligible offender submits an application	1937
for DNA testing under section 2953.73 of the Revised Code and if	1938
DNA testing is performed based on that application, upon	1939
completion of the testing, all of the following apply:	1940

(A) The court or a designee of the court shall require the	1941
state to maintain the results of the testing and to maintain and	1942
preserve both the parent sample of the biological material used	1943
and the inmateoffender sample of the biological material used.	1944
The testing authority may be designated as the person to maintain	1945
the results of the testing or to maintain and preserve some or all	1946
of the samples, or both. The results of the testing remain state's	1947
evidence. The samples shall be preserved during the entire period	1948
of time for which the inmateoffender is imprisoned or confined	1949
relative to the prison term or sentence of death in question and,	1950
if that prison term expires or the inmate is executed under that	1951
sentence of death, is on parole or probation relative to that	1952
sentence, is under post-release control or a community control	1953
sanction relative to that sentence, or has a duty to comply with	1954
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	1955
Code relative to that sentence. Additionally, if the prison term	1956
or confinement under the sentence in question expires, if the	1957
sentence in question is a sentence of death and the offender is	1958
executed, or if the parole or probation period, the period of	1959
post-release control, the community control sanction, or the duty	1960
to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of	1961
the Revised Code under the sentence in question ends, the samples	1962
shall be preserved for a reasonable period of time of not less	1963
than twenty-four months after the term or confinement expires or,	1964
the inmateoffender is executed, or the parole or probation	1965
period, the period of post-release control, the community control	1966
sanction, or the duty to comply with sections 2950.04, 2950.041,	1967
2950.05, and 2950.06 of the Revised Code ends, whichever is	1968
applicable. The court shall determine the period of time that is	1969
reasonable for purposes of this division, provided that the period	1970
shall not be less than twenty-four months after the term or	1971
confinement expires or, the inmateoffender is executed, or the	1972
parole or probation period, the period of post-release control,	1973
the community control sanction, or the duty to comply with	1974
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	1975
Code ends, whichever is applicable.	1976

(B) The results of the testing are a public record.

1977

(C) The court or the testing authority shall provide a copy	1978
of the results of the testing to the prosecuting attorney, the	1979
attorney general, and the subject inmateoffender.	1980

(D) If the postconviction proceeding in question is pending	1981
at that time in a court of this state, the court of common pleas	1982
that decided the DNA application or the testing authority shall	1983
provide a copy of the results of the testing to any court of this	1984
state, and, if it is pending in a federal court, the court of	1985
common pleas that decided the DNA application or the testing	1986
authority shall provide a copy of the results of the testing to	1987
that federal court.	1988

(E) The testing authority shall provide a copy of the results	1989
of the testing to the court of common pleas that decided the DNA	1990
application.	1991

(F) The inmateoffender or the state may enter the results of	1992
the testing into any proceeding.	1993

Sec. 2953.83.  In any court proceeding under sections 2953.71	1994
to 2953.822953.81 of the Revised Code, the Rules of Criminal	1995
Procedure apply, except to the extent that sections 2953.71 to	1996
2953.822953.81 of the Revised Code provide a different procedure	1997
or to the extent that the Rules would by their nature be clearly	1998
inapplicable.	1999

Sec. 2953.84.  The provisions of sections 2953.71 to 2953.82	2000
2953.81 of the Revised Code by which an inmateoffender may	2001
obtain postconviction DNA testing are not the exclusive means by	2002
which an inmateoffender may obtain postconviction DNA testing,	2003
and the provisions of those sections do not limit or affect any	2004
other means by which an inmateoffender may obtain postconviction	2005
DNA testing.	2006

Section 2. That existing sections 109.573, 2901.07, 2953.21,	2007
2953.23, 2953.71, 2953.72, 2953.73, 2953.74, 2953.75, 2953.76,	2008
2953.77, 2953.78, 2953.79, 2953.81, 2953.83, and 2953.84 and	2009
section 2953.82 of the Revised Code are hereby repealed.	2010