As Passed by the Senate

128th General Assembly Regular Session 2009-2010

Am. Sub. S. B. No. 77

Senator Goodman 

Cosponsors: Senators Seitz, Miller, R., Stewart, Schuring, Miller, D., Kearney, Cates, Coughlin, Fedor, Gibbs, Gillmor, Harris, Husted, Niehaus, Patton, Sawyer, Schiavoni, Smith, Strahorn, Turner, Wagoner, Wilson, Morano 

---

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 109.561,

4

2933.81, 2933.82, 2933.83, 2953.56, 2953.57,

5

2953.58, and 2953.59, and to repeal section

6

2953.82 of the Revised Code relative to the

7

expansion of DNA testing for certain convicted

8

felons, the elimination of the DNA testing

9

mechanism for felons who pleaded guilty or no

10

contest to the offense, the collection of DNA

11

specimens from all persons eighteen years of age

12

or older who are arrested for a felony offense,

13

the sealing of the official records of persons

14

who have their convictions vacated and set aside

15

due to DNA testing, the preservation and

16

accessibility of biological evidence in a

17

criminal or delinquency investigation or

18

proceeding, the improvement of eyewitness

19

identification procedures, and the electronic

20

recording of custodial interrogations.

21

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

Section 1. That sections 109.573, 2901.07, 2953.21, 2953.23,	22
2953.71, 2953.72, 2953.73, 2953.74, 2953.75, 2953.76, 2953.77,	23
2953.78, 2953.79, 2953.81, 2953.83, and 2953.84 be amended and	24
sections 109.561, 2933.81, 2933.82, 2933.83, 2953.56, 2953.57,	25
2953.58, and 2953.59 of the Revised Code be enacted to read	26
as follows:	27

Sec. 109.561.  There is hereby established within the bureau	28
of criminal identification and investigation a preservation of	29
biological evidence task force. The task force shall consist of	30
officers and employees of the bureau, a representative from the	31
Ohio prosecutors association, a representative from the Ohio state	32
coroners association, a representative from the Ohio association	33
of chiefs of police, a representative from the Ohio public	34
defenders office, in consultation with the Ohio innocence	35
project, and a representative from the buckeye state sheriffs	36
association. The task force shall perform the duties and	37
functions specified in division (C) of section 2933.82 of the	38
Revised Code.	39

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

40

(1) "DNA" means human deoxyribonucleic acid.

41

(2) "DNA analysis" means a laboratory analysis of a DNA	42
specimen to identify DNA characteristics and to create a DNA	43
record.	44

(3) "DNA database" means a collection of DNA records from	45
forensic casework or from crime scenes, specimens from anonymous	46
and unidentified sources, and records collected pursuant to	47
sections 2152.74 and 2901.07 of the Revised Code and a population	48
statistics database for determining the frequency of occurrence of	49
characteristics in DNA records.	50

(4) "DNA record" means the objective result of a DNA analysis	51
of a DNA specimen, including representations of DNA fragment	52
lengths, digital images of autoradiographs, discrete allele	53
assignment numbers, and other DNA specimen characteristics that	54
aid in establishing the identity of an individual.	55

(5) "DNA specimen" includes human blood cells or	56
physiological tissues or body fluids.	57

(6) "Unidentified person database" means a collection of DNA	58
records, and, on and after May 21, 1998, of fingerprint and	59
photograph records, of unidentified human corpses, human remains,	60
or living individuals.	61

(7) "Relatives of missing persons database" means a	62
collection of DNA records of persons related by consanguinity to a	63
missing person.	64

(8) "Law enforcement agency" means a police department, the	65
office of a sheriff, the state highway patrol, a county	66
prosecuting attorney, or a federal, state, or local governmental	67
body that enforces criminal laws and that has employees who have a	68
statutory power of arrest.	69

(9) "Administration of criminal justice" means the	70
performance of detection, apprehension, detention, pretrial	71
release, post-trial release, prosecution, adjudication,	72
correctional supervision, or rehabilitation of accused persons or	73
criminal offenders. "Administration of criminal justice" also	74
includes criminal identification activities and the collection,	75
storage, and dissemination of criminal history record information.	76

(B)(1) The superintendent of the bureau of criminal	77
identification and investigation may do all of the following:	78

(a) Establish and maintain a state DNA laboratory to perform	79
DNA analyses of DNA specimens;	80

(b) Establish and maintain a DNA database;

81

(c) Establish and maintain an unidentified person database to	82
aid in the establishment of the identity of unknown human corpses,	83
human remains, or living individuals;	84

(d) Establish and maintain a relatives of missing persons	85
database for comparison with the unidentified person database to	86
aid in the establishment of the identity of unknown human corpses,	87
human remains, and living individuals.	88

(2) If the bureau of criminal identification and	89
investigation establishes and maintains a DNA laboratory and a DNA	90
database, the bureau may use or disclose information regarding DNA	91
records for the following purposes:	92

(a) The bureau may disclose information to a law enforcement	93
agency for the administration of criminal justice.	94

(b) The bureau shall disclose pursuant to a court order	95
issued under section 3111.09 of the Revised Code any information	96
necessary to determine the existence of a parent and child	97
relationship in an action brought under sections 3111.01 to	98
3111.18 of the Revised Code.	99

(c) The bureau may use or disclose information from the	100
population statistics database, for identification research and	101
protocol development, or for quality control purposes.	102

(3) If the bureau of criminal identification and	103
investigation establishes and maintains a relatives of missing	104
persons database, all of the following apply:	105

(a) If a person has disappeared and has been continuously	106
absent from the person's place of last domicile for a thirty-day	107
or longer period of time without being heard from during the	108
period, persons related by consanguinity to the missing person may	109
submit to the bureau a DNA specimen, the bureau may include the	110
DNA record of the specimen in the relatives of missing persons	111
database, and, if the bureau does not include the DNA record of	112
the specimen in the relatives of missing persons database, the	113
bureau shall retain the DNA record for future reference and	114
inclusion as appropriate in that database.	115

(b) The bureau shall not charge a fee for the submission of a	116
DNA specimen pursuant to division (B)(3)(a) of this section.	117

(c) If the DNA specimen submitted pursuant to division	118
(B)(3)(a) of this section is collected by withdrawing blood from	119
the person or a similarly invasive procedure, a physician,	120
registered nurse, licensed practical nurse, duly licensed clinical	121
laboratory technician, or other qualified medical practitioner	122
shall conduct the collection procedure for the DNA specimen	123
submitted pursuant to division (B)(3)(a) of this section and shall	124
collect the DNA specimen in a medically approved manner. If the	125
DNA specimen is collected by swabbing for buccal cells or a	126
similarly noninvasive procedure, division (B)(3)(c) of this	127
section does not require that the DNA specimen be collected by a	128
qualified medical practitioner of that nature. No later than	129
fifteen days after the date of the collection of the DNA specimen,	130
the person conducting the DNA specimen collection procedure shall	131
cause the DNA specimen to be forwarded to the bureau of criminal	132
identification and investigation in accordance with procedures	133
established by the superintendent of the bureau under division (H)	134
of this section. The bureau may provide the specimen vials,	135
mailing tubes, labels, postage, and instruction needed for the	136
collection and forwarding of the DNA specimen to the bureau.	137

(d) The superintendent, in the superintendent's discretion,	138
may compare DNA records in the relatives of missing persons	139
database with the DNA records in the unidentified person database.	140

(4) If the bureau of criminal identification and	141
investigation establishes and maintains an unidentified person	142
database and if the superintendent of the bureau identifies a	143
matching DNA record for the DNA record of a person or deceased	144
person whose DNA record is contained in the unidentified person	145
database, the superintendent shall inform the coroner who	146
submitted or the law enforcement agency that submitted the DNA	147
specimen to the bureau of the match and, if possible, of the	148
identity of the unidentified person.	149

(5) The bureau of criminal identification and investigation	150
may enter into a contract with a qualified public or private	151
laboratory to perform DNA analyses, DNA specimen maintenance,	152
preservation, and storage, DNA record keeping, and other duties	153
required of the bureau under this section. A public or private	154
laboratory under contract with the bureau shall follow quality	155
assurance and privacy requirements established by the	156
superintendent of the bureau.	157

(C) The superintendent of the bureau of criminal	158
identification and investigation shall establish procedures for	159
entering into the DNA database the DNA records submitted pursuant	160
to sections 2152.74 and 2901.07 of the Revised Code and for	161
determining an order of priority for entry of the DNA records	162
based on the types of offenses committed by the persons whose	163
records are submitted and the available resources of the bureau.	164

(D) When a DNA record is derived from a DNA specimen provided	165
pursuant to section 2152.74 or 2901.07 of the Revised Code, the	166
bureau of criminal identification and investigation shall attach	167
to the DNA record personal identification information that	168
identifies the person from whom the DNA specimen was taken. The	169
personal identification information may include the subject	170
person's fingerprints and any other information the bureau	171
determines necessary. The DNA record and personal identification	172
information attached to it shall be used only for the purpose of	173
personal identification or for a purpose specified in this	174
section.	175

(E) DNA records, DNA specimens, fingerprints, and photographs	176
that the bureau of criminal identification and investigation	177
receives pursuant to this section and sections 313.08, 2152.74,	178
and 2901.07 of the Revised Code and personal identification	179
information attached to a DNA record are not public records under	180
section 149.43 of the Revised Code.	181

(F) The bureau of criminal identification and investigation	182
may charge a reasonable fee for providing information pursuant to	183
this section to any law enforcement agency located in another	184
state.	185

(G)(1) No person who because of the person's employment or	186
official position has access to a DNA specimen, a DNA record, or	187
other information contained in the DNA database that identifies an	188
individual shall knowingly disclose that specimen, record, or	189
information to any person or agency not entitled to receive it or	190
otherwise shall misuse that specimen, record, or information.	191

(2) No person without authorization or privilege to obtain	192
information contained in the DNA database that identifies an	193
individual person shall purposely obtain that information.	194

(H) The superintendent of the bureau of criminal	195
identification and investigation shall establish procedures for	196
all of the following:	197

(1) The forwarding to the bureau of DNA specimens collected	198
pursuant to division (H) of this section and sections 313.08,	199
2152.74, and 2901.07 of the Revised Code and of fingerprints and	200
photographs collected pursuant to section 313.08 of the Revised	201
Code;	202

(2) The collection, maintenance, preservation, and analysis	203
of DNA specimens;	204

(3) The creation, maintenance, and operation of the DNA	205
database;	206

(4) The use and dissemination of information from the DNA	207
database;	208

(5) The creation, maintenance, and operation of the	209
unidentified person database;	210

(6) The use and dissemination of information from the	211
unidentified person database;	212

(7) The creation, maintenance, and operation of the relatives	213
of missing persons database;	214

(8) The use and dissemination of information from the	215
relatives of missing persons database;	216

(9) The verification of entities requesting DNA records and	217
other DNA information from the bureau and the authority of the	218
entity to receive the information;	219

(10) The operation of the bureau and responsibilities of	220
employees of the bureau with respect to the activities described	221
in this section.	222

(I) In conducting DNA analyses of DNA specimens, the state	223
DNA laboratory and any laboratory with which the bureau has	224
entered into a contract pursuant to division (B)(5) of this	225
section shall give DNA analyses of DNA specimens that relate to	226
ongoing criminal investigations or prosecutions priority over DNA	227
analyses of DNA specimens that relate to applications made	228
pursuant to section 2953.73 or 2953.82 of the Revised Code.	229

(J) The attorney general may develop procedures for entering	230
into the national DNA index system the DNA records submitted	231
pursuant to division (B)(1) of section 2901.07 of the Revised	232
Code.	233

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

234

(1) "DNA analysis" and "DNA specimen" have the same meanings	235
as in section 109.573 of the Revised Code.	236

(2) "Jail" and "community-based correctional facility" have	237
the same meanings as in section 2929.01 of the Revised Code.	238

(3) "Post-release control" has the same meaning as in section	239
2967.01 of the Revised Code.	240

(4) "Head of the arresting law enforcement agency" means	241
whichever of the following is applicable regarding the arrest in	242
question:	243

(a) If the arrest was made by a sheriff or a deputy sheriff,	244
the sheriff who made the arrest or who employs the deputy sheriff	245
who made the arrest;	246

(b) If the arrest was made by a law enforcement officer of a	247
law enforcement agency of a municipal corporation, the chief of	248
police, marshal, or other chief law enforcement officer of the	249
agency that employs the officer who made the arrest;	250

(c) If the arrest was made by a constable or a law	251
enforcement officer of a township police department or police	252
district police force, the constable who made the arrest or the	253
chief law enforcement officer of the department or agency that	254
employs the officer who made the arrest;	255

(d) If the arrest was made by the superintendent or a trooper	256
of the state highway patrol, the superintendent of the state	257
highway patrol;	258

(e) If the arrest was made by a law enforcement officer not	259
identified in division (A)(4)(a), (b), (c), or (d) of this	260
section, the chief law enforcement officer of the law enforcement	261
agency that employs the officer who made the arrest.	262

(B)(1) On and after July 1, 2011, a person who is eighteen	263
years of age or older and who is arrested on or after July 1	264
2011, for a felony offense shall submit to a DNA specimen	265
collection procedure administered by the head of the arresting	266
law enforcement agency. The head of the arresting law enforcement	267
agency shall cause the DNA specimen to be collected from the	268
person during the intake process at the jail, community-based	269
correctional facility, detention facility, or law enforcement	270
agency office or station to which the arrested person is taken	271
after the arrest. The head of the arresting law enforcement	272
agency shall cause the DNA specimen to be collected in accordance	273
with division (C) of this section.	274

(2) Regardless of when the conviction occurred or the guilty	275
plea was entered, a person who has been convicted of, is	276
convicted of, has pleaded guilty to, or pleads guilty to a felony	277
offense and, who is sentenced to a prison term or to a community	278
residential sanction in a jail or community-based correctional	279
facility for that offense pursuant to section 2929.16 of the	280
Revised Code, and who does not provide a DNA specimen pursuant to	281
division (B)(1) of this section, and a person who has been	282
convicted of, is convicted of, has pleaded guilty to, or pleads	283
guilty to a misdemeanor offense listed in division (D) of this	284
section and, who is sentenced to a term of imprisonment for that	285
offense, and who does not provide a DNA specimen pursuant to	286
division (B)(1) of this section, shall submit to a DNA specimen	287
collection procedure administered by the director of	288
rehabilitation and correction or the chief administrative officer	289
of the jail or other detention facility in which the person is	290
serving the term of imprisonment. If the person serves the prison	291
term in a state correctional institution, the director of	292
rehabilitation and correction shall cause the DNA specimen to be	293
collected from the person during the intake process at the	294
reception facility designated by the director. If the person	295
serves the community residential sanction or term of imprisonment	296
in a jail, a community-based correctional facility, or another	297
county, multicounty, municipal, municipal-county, or	298
multicounty-municipal detention facility, the chief administrative	299
officer of the jail, community-based correctional facility, or	300
detention facility shall cause the DNA specimen to be collected	301
from the person during the intake process at the jail,	302
community-based correctional facility, or detention facility. The	303
DNA specimen shall be collected in accordance with division (C) of	304
this section.	305

(2)(3) Regardless of when the conviction occurred or the	306
guilty plea was entered, if a person has been convicted of, is	307
convicted of, has pleaded guilty to, or pleads guilty to a felony	308
offense or a misdemeanor offense listed in division (D) of this	309
section, is serving a prison term, community residential sanction,	310
or term of imprisonment for that offense, and does not provide a	311
DNA specimen pursuant to division (B)(1) or (2) of this section,	312
prior to the person's release from the prison term, community	313
residential sanction, or imprisonment, the person shall submit to,	314
and the director of rehabilitation and correction or the chief	315
administrative officer of the jail, community-based correctional	316
facility, or detention facility in which the person is serving the	317
prison term, community residential sanction, or term of	318
imprisonment shall administer, a DNA specimen collection procedure	319
at the state correctional institution, jail, community-based	320
correctional facility, or detention facility in which the person	321
is serving the prison term, community residential sanction, or	322
term of imprisonment. The DNA specimen shall be collected in	323
accordance with division (C) of this section.	324

(3)(4)(a) Regardless of when the conviction occurred or the	325
guilty plea was entered, if a person has been convicted of, is	326
convicted of, has pleaded guilty to, or pleads guilty to a felony	327
offense or a misdemeanor offense listed in division (D) of this	328
section and the person is on probation, released on parole, under	329
transitional control, on community control, on post-release	330
control, or under any other type of supervised release under the	331
supervision of a probation department or the adult parole	332
authority for that offense, and did not provide a DNA specimen	333
pursuant to division (B)(1), (2), or (3) of this section, the	334
person shall submit to a DNA specimen collection procedure	335
administered by the chief administrative officer of the probation	336
department or the adult parole authority. The DNA specimen shall	337
be collected in accordance with division (C) of this section. If	338
the person refuses to submit to a DNA specimen collection	339
procedure as provided in this division, the person may be subject	340
to the provisions of section 2967.15 of the Revised Code.	341

(b) If a person to whom division (B)(3)(4)(a) of this section	342
applies is sent to jail or is returned to a jail, community-based	343
correctional facility, or state correctional institution for a	344
violation of the terms and conditions of the probation, parole,	345
transitional control, other release, or post-release control, if	346
the person was or will be serving a term of imprisonment, prison	347
term, or community residential sanction for committing a felony	348
offense or for committing a misdemeanor offense listed in division	349
(D) of this section, and if the person did not provide a DNA	350
specimen pursuant to division (B)(1), (2), (3), or (3)(4)(a) of	351
this section, the person shall submit to, and the director of	352
rehabilitation and correction or the chief administrative officer	353
of the jail or community-based correctional facility shall	354
administer, a DNA specimen collection procedure at the jail,	355
community-based correctional facility, or state correctional	356
institution in which the person is serving the term of	357
imprisonment, prison term, or community residential sanction. The	358
DNA specimen shall be collected from the person in accordance with	359
division (C) of this section.	360

(4)(5) Regardless of when the conviction occurred or the	361
guilty plea was entered, if a person has been convicted of, is	362
convicted of, has pleaded guilty to, or pleads guilty to a felony	363
offense or a misdemeanor offense listed in division (D) of this	364
section, the person is not sentenced to a prison term, a	365
community residential sanction in a jail or community-based	366
correctional facility, a term of imprisonment, or any type of	367
supervised release under the supervision of a probation	368
department or the adult parole authority, and the person does not	369
provide a DNA specimen pursuant to division (B)(1), (2), (3),	370
(4)(a), or (3)(4)(b) of this section, the sentencing court shall	371
order the person to report to the county probation department	372
immediately after sentencing to submit to a DNA specimen	373
collection procedure administered by the chief administrative	374
officer of the county probation office. If the person is	375
incarcerated at the time of sentencing, the person shall submit	376
to a DNA specimen collection procedure administered by the	377
director of rehabilitation and correction or the chief	378
administrative officer of the jail or other detention facility in	379
which the person is incarcerated. The DNA specimen shall be	380
collected in accordance with division (C) of this section.	381

(C) If the DNA specimen is collected by withdrawing blood	382
from the person or a similarly invasive procedure, a physician,	383
registered nurse, licensed practical nurse, duly licensed clinical	384
laboratory technician, or other qualified medical practitioner	385
shall collect in a medically approved manner the DNA specimen	386
required to be collected pursuant to division (B) of this section.	387
If the DNA specimen is collected by swabbing for buccal cells or a	388
similarly noninvasive procedure, this section does not require	389
that the DNA specimen be collected by a qualified medical	390
practitioner of that nature. No later than fifteen days after the	391
date of the collection of the DNA specimen, the head of the	392
arresting law enforcement agency regarding a DNA specimen taken	393
pursuant to division (B)(1) of this section, the director of	394
rehabilitation and correction or the chief administrative officer	395
of the jail, community-based correctional facility, or other	396
county, multicounty, municipal, municipal-county, or	397
multicounty-municipal detention facility, in which the person is	398
serving the prison term, community residential sanction, or term	399
of imprisonment regarding a DNA specimen taken pursuant to	400
division (B)(2), (3), or (4)(b) of this section, the chief	401
administrative officer of the probation department or the adult	402
parole authority regarding a DNA specimen taken pursuant to	403
division (B)(4)(a) of this section, or the chief administrative	404
officer of the county probation office, the director of	405
rehabilitation and correction, or the chief administrative officer	406
of the jail or other detention facility in which the person is	407
incarcerated regarding a DNA specimen taken pursuant to division	408
(B)(5) of this section, whichever is applicable, shall cause the	409
DNA specimen to be forwarded to the bureau of criminal	410
identification and investigation in accordance with procedures	411
established by the superintendent of the bureau under division (H)	412
of section 109.573 of the Revised Code. The bureau shall provide	413
the specimen vials, mailing tubes, labels, postage, and	414
instructions needed for the collection and forwarding of the DNA	415
specimen to the bureau.	416

(D) The director of rehabilitation and correction, the chief	417
administrative officer of the jail, community-based correctional	418
facility, or other county, multicounty, municipal,	419
municipal-county, or multicounty-municipal detention facility, or	420
the chief administrative officer of a county probation department	421
or the adult parole authority shall cause a DNA specimen to be	422
collected in accordance with divisions (B) and (C) of this section	423
from a person in its custody or under its supervisionDNA specimen	424
collection duty set forth in division (B)(1) of this section	425
applies to any person who is eighteen years of age or older and	426
who is arrested on or after July 1, 2011, for any felony offense.	427
The DNA specimen collection duties set forth in divisions (B)(2),	428
(3), (4)(a), (4)(b), and (5) of this section apply to any person	429
who has been convicted of, is convicted of, has pleaded guilty	430
to, or pleads guilty to any felony offense or any of the	431
following misdemeanor offenses:	432

(1) A misdemeanor violation, an attempt to commit a	433
misdemeanor violation, or complicity in committing a misdemeanor	434
violation of section 2907.04 of the Revised Code;	435

(2) A misdemeanor violation of any law that arose out of the	436
same facts and circumstances and same act as did a charge against	437
the person of a violation of section 2903.01, 2903.02, 2905.01,	438
2907.02, 2907.03, 2907.04, 2907.05, or 2911.11 of the Revised Code	439
that previously was dismissed or amended or as did a charge	440
against the person of a violation of section 2907.12 of the	441
Revised Code as it existed prior to September 3, 1996, that	442
previously was dismissed or amended;	443

(3) A misdemeanor violation of section 2919.23 of the Revised	444
Code that would have been a violation of section 2905.04 of the	445
Revised Code as it existed prior to July 1, 1996, had it been	446
committed prior to that date;	447

(4) A sexually oriented offense or a child-victim oriented	448
offense, both as defined in section 2950.01 of the Revised Code,	449
that is a misdemeanor, if, in relation to that offense, the	450
offender is a tier III sex offender/child-victim offender, as	451
defined in section 2950.01 of the Revised Code.	452

(E) The director of rehabilitation and correction may	453
prescribe rules in accordance with Chapter 119. of the Revised	454
Code to collect a DNA specimen, as provided in this section, from	455
an offender whose supervision is transferred from another state to	456
this state in accordance with the interstate compact for adult	457
offender supervision described in section 5149.21 of the Revised	458
Code.	459

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

460

(1) "Custodial interrogation" means any interrogation	461
involving a law enforcement officer's questioning that is	462
reasonably likely to elicit incriminating responses and in which a	463
reasonable person in the subject's position would consider self to	464
be in custody, beginning when a person should have been advised of	465
the person's right to counsel and right to remain silent and of	466
the fact that anything the person says could be used against the	467
person, as specified by the United States supreme court in Miranda	468
v. Arizona (1966), 384 U.S. 436, and subsequent decisions, and	469
ending when the questioning has completely finished.	470

(2) "Detention facility" has the same meaning as in section	471
2921.01 of the Revised Code.	472

(3) "Electronic recording" or "electronically recorded" means	473
an audio and visual recording that is an authentic, accurate,	474
unaltered record of a custodial interrogation.	475

(4) "Local correctional facility" has the same meaning as in	476
section 2903.13 of the Revised Code.	477

(5) "Place of detention" means a jail, police or sheriff's	478
station, holding cell, state correctional institution, local	479
correctional facility, detention facility, or department of youth	480
services facility.	481

(6) "State correctional institution" has the same meaning as	482
in section 2967.01 of the Revised Code.	483

(7) "Statement" means an oral, written, sign language, or	484
nonverbal communication.	485

(B) All statements made by a person who is the suspect of a	486
violation of or possible violation of section 2903.01, 2903.02,	487
2903.03, 2903.04, 2903.041, 2903.05, or 2903.06, a violation of	488
section 2907.02 or 2907.03, or an attempt to commit a violation	489
of section 2907.02 of the Revised Code during a custodial	490
interrogation in a place of detention shall be electronically	491
recorded. It is presumed that the statements made by a person	492
during the electronic recording of a custodial interrogation are	493
voluntary if the law enforcement officer follows the proper	494
procedures under this section with regard to the electronic	495
recording of a custodial interrogation. The person making the	496
statements during the electronic recording of the custodial	497
interrogation has the burden of proving that the statements made	498
during the custodial interrogation were not voluntary. There	499
shall be no penalty against the law enforcement agency that	500
employs a law enforcement officer if the law enforcement officer	501
fails to electronically record as required by this division a	502
custodial interrogation.	503

(C) A failure to electronically record a statement as	504
required by this section shall not provide the basis to exclude or	505
suppress the statement in any criminal proceeding, delinquent	506
child proceeding, or other legal proceeding.	507

(D)(1) Law enforcement personnel shall clearly identify and	508
catalogue every electronic recording of a custodial interrogation	509
that is recorded pursuant to this section.	510

(2) If a criminal or delinquent child proceeding is brought	511
against a person who was the subject of a custodial interrogation	512
that was electronically recorded, law enforcement personnel shall	513
preserve the recording until the later of when all appeals,	514
post-conviction relief proceedings, and habeas corpus proceedings	515
are final and concluded or the expiration of the period of time	516
within which such appeals and proceedings must be brought.	517

(3) Upon motion by the defendant in a criminal proceeding or	518
the alleged delinquent child in a delinquent child proceeding, the	519
court may order that a copy of an electronic recording of a	520
custodial interrogation of the person be preserved for any period	521
beyond the expiration of all appeals, post-conviction relief	522
proceedings, and habeas corpus proceedings.	523

(4) If no criminal or delinquent child proceeding is brought	524
against a person who was the subject of a custodial interrogation	525
that was electronically recorded pursuant to this section, law	526
enforcement personnel shall preserve the related recording until	527
all applicable state and federal statutes of limitations bar	528
prosecution of the person for any offense or violation based on	529
or related to any conduct discussed in the custodial	530
interrogation, until the person dies, or for a period of thirty	531
years, whichever occurs first.	532

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

533

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

534

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

535

(ii) Any item that contains blood, semen, hair, saliva, skin	536
tissue, fingernail scrapings, bone, bodily fluids, or any other	537
identifiable biological material that was collected as part of a	538
criminal investigation or delinquent child investigation and that	539
reasonably may be used to incriminate or exculpate any person for	540
an offense or delinquent act.	541

(b) The definition of "biological evidence" set forth in	542
division (A)(1)(a) of this section applies whether the material in	543
question is catalogued separately, such as on a slide or swab or	544
in a test tube, or is present on other evidence, including, but	545
not limited to, clothing, ligatures, bedding or other household	546
material, drinking cups or containers, or cigarettes.	547

(2) "Biological material" has the same meaning as in section	548
2953.71 of the Revised Code.	549

(3) "DNA" has the same meaning as in section 109.573 of the	550
Revised Code.	551

(4) "Profile" means a unique identifier of an individual,	552
derived from DNA.	553

(5) "Prosecutor" has the same meaning as in section 2935.01	554
of the Revised Code.	555

(6) "Governmental evidence-retention entity" means all of the	556
following:	557

(a) Any law enforcement agency, prosecutor's office, court,	558
public hospital, crime laboratory, or other governmental or public	559
entity or individual within this state that is charged with the	560
collection, storage, or retrieval of biological evidence;	561

(b) Any official or employee of any entity or individual	562
described in division (A)(6)(a) of this section.	563

(B)(1) Each governmental evidence-retention entity that	564
secures any biological evidence in relation to an investigation or	565
prosecution of a criminal offense or delinquent act that is a	566
violation of section 2903.01, 2903.02, 2903.03, 2903.04, 2903.041,	567
2903.06, 2907.02, or 2907.03 or division (A)(4) or (B) of section	568
2907.05 of the Revised Code or of section 2923.02 of the Revised	569
Code in an attempt to commit a violation of section 2907.02 of	570
the Revised Code shall secure the biological evidence for	571
whichever of the following periods of time is applicable:	572

(a) For a violation of section 2903.01 or 2903.02 of the	573
Revised Code, for the period of time that the offense or act	574
remains unsolved;	575

(b) For a violation of section 2903.03, 2903.04, 2903.041,	576
2903.06, 2907.02, or 2907.03 or of division (A)(4) or (B) of	577
section 2907.05 of the Revised Code or a violation of section	578
2923.02 of the Revised Code in an attempt to commit a violation	579
of section 2907.02 of the Revised Code, for a period of thirty	580
years if the offense or act remains unsolved;	581

(c) If any person is convicted of or pleads guilty to the	582
offense, or is adjudicated a delinquent child for committing the	583
delinquent act, for the period of time that the person remains	584
incarcerated, in a department of youth services institution or	585
other juvenile facility, under a community control sanction for	586
that offense, under any order of disposition for that act, on	587
probation or parole for that offense, under judicial release or	588
supervised release for that act, under post-release control for	589
that offense, involved in civil litigation in connection with that	590
offense or act, or subject to registration and other duties	591
imposed for that offense or act under sections 2950.04, 2950.041,	592
2950.05, and 2950.06 of the Revised Code or for a period of thirty	593
years, whichever is earlier. If after the period of thirty years	594
the person remains incarcerated, then the governmental	595
evidence-retention entity shall secure the biological evidence	596
until the person is released from incarceration or dies.	597

(2) This section applies to evidence that was in the	598
possession of any governmental evidence-retention entity during	599
the investigation and prosecution of a criminal case or delinquent	600
child case involving a violation of section 2903.01, 2903.02,	601
2903.03, 2903.04, 2903.041, 2903.06, 2907.02, or 2907.03 or of	602
division (A)(4) or (B) of section 2907.05 of the Revised Code or	603
a violation of section 2923.02 of the Revised Code in an attempt	604
to commit a violation of section 2907.02 of the Revised Code and	605
that, at the time the person is convicted of or pleads guilty to	606
the offense or is adjudicated a delinquent child for the	607
delinquent act, was likely to contain biological material.	608

(3) A governmental evidence-retention entity that possesses	609
biological evidence shall retain the biological evidence in the	610
amount and manner sufficient to develop a DNA profile from the	611
biological material contained in or included on the evidence.	612

(4) Upon written request by the defendant in a criminal case	613
or the alleged delinquent child in a delinquent child case	614
involving a violation of section 2903.01, 2903.02, 2903.03,	615
2903.04, 2903.041, 2903.06, 2907.02, or 2907.03 or of division	616
(A)(4) or (B) of section 2907.05 of the Revised Code or a	617
violation of section 2923.02 of the Revised Code in an attempt to	618
commit a violation of section 2907.02 of the Revised Code, a	619
governmental evidence-retention entity that possesses biological	620
evidence shall prepare an inventory of the biological evidence	621
that has been preserved in connection with the defendant's	622
criminal case or the alleged delinquent child's delinquent child	623
case.	624

(5) A governmental evidence-retention entity that possesses	625
biological evidence that includes biological material may destroy	626
the evidence before the expiration of the applicable period of	627
time specified in division (B)(1) of this section if all of the	628
following apply:	629

(a) No other provision of federal or state law requires the	630
state to preserve the evidence.	631

(b) The governmental evidence-retention entity, by certified	632
mail, return receipt requested, provides notice of intent to	633
destroy the evidence to all of the following:	634

(i) All persons who remain in custody, incarcerated, in a	635
department of youth services institution or other juvenile	636
facility, under a community control sanction, under any order of	637
disposition, on probation or parole, under judicial release or	638
supervised release, under post-release control, involved in civil	639
litigation, or subject to registration and other duties imposed	640
for that offense or act under sections 2950.04, 2950.041, 2950.05,	641
and 2950.06 of the Revised Code as a result of a criminal	642
conviction, delinquency adjudication, or commitment related to the	643
evidence in question;	644

(ii) The attorney of record for each person who is in custody	645
in any circumstance described in division (B)(5)(b)(i) of this	646
section if the attorney of record can be located;	647

(iii) The state public defender;

648

(iv) The prosecutor of record in the case that resulted in	649
the custody of the person in custody in any circumstance described	650
in division (B)(5)(b)(i) of this section;	651

(v) The attorney general.

652

(c) No person who is notified under division (B)(5)(b) of	653
this section does either of the following within one year after	654
the date on which the person receives the notice:	655

(i) Files a motion for testing of evidence under sections	656
2953.71 to 2953.81 or section 2953.82 of the Revised Code;	657

(ii) Submits a written request for retention of evidence to	658
the governmental evidence-retention entity that provided notice of	659
its intent to destroy evidence under division (B)(5)(b) of this	660
section.	661

(6) If, after providing notice under division (B)(5)(b) of	662
this section of its intent to destroy evidence, a governmental	663
evidence-retention entity receives a written request for retention	664
of the evidence from any person to whom the notice is provided,	665
the governmental evidence-retention entity shall retain the	666
evidence while the person referred to in division (B)(5)(b)(i) of	667
this section remains in custody, incarcerated, in a department of	668
youth services institution or other juvenile facility, under a	669
community control sanction, under any order of disposition, on	670
probation or parole, under judicial release or supervised release,	671
under post-release control, involved in civil litigation, or	672
subject to registration and other duties imposed for that offense	673
or act under sections 2950.04, 2950.041, 2950.05, and 2950.06 of	674
the Revised Code as a result of a criminal conviction, delinquency	675
adjudication, or commitment related to the evidence in question.	676

(7) A governmental evidence-retention entity shall not be	677
required to preserve physical evidence pursuant to this section	678
that is of such a size, bulk, or physical character as to render	679
retention impracticable. When retention of physical evidence that	680
otherwise would be required to be retained pursuant to this	681
section is impracticable as described in this division, the	682
governmental evidence-retention entity that otherwise would be	683
required to retain the physical evidence shall remove and preserve	684
portions of the material evidence likely to contain biological	685
evidence related to the offense, in a quantity sufficient to	686
permit future DNA testing before returning or disposing of that	687
physical evidence.	688

(C)(1) The preservation of biological evidence task force	689
established within the bureau of criminal identification and	690
investigation under section 109.561 of the Revised Code shall	691
establish a system regarding the proper preservation of biological	692
evidence in this state. In establishing the system, the task force	693
shall do all of the following:	694

(a) Devise standards regarding the proper collection,	695
retention, and cataloguing of biological evidence for ongoing	696
investigations and prosecutions;	697

(b) Recommend practices, protocols, models, and resources for	698
the cataloguing and accessibility of preserved biological evidence	699
already in the possession of governmental evidence-retention	700
entities.	701

(2) In consultation with the preservation of biological	702
evidence task force described in division (C)(1) of this section,	703
the division of criminal justice services of the department of	704
public safety shall administer and conduct training programs for	705
law enforcement officers and other relevant employees who are	706
charged with preserving and cataloguing biological evidence	707
regarding the methods and procedures referenced in this section.	708

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

709

(1) "Administrator" means the person conducting a photo	710
lineup or live lineup.	711

(2) "Blind administrator" means the administrator does not	712
know the identity of the suspect. "Blind administrator" includes	713
an administrator who conducts a photo lineup through the use of a	714
folder system or a substantially similar system.	715

(3) "Blinded administrator" means the administrator may know	716
who the suspect is, but does not know which lineup member is	717
being viewed by the eyewitness. "Blinded administrator" includes	718
an administrator who conducts a photo lineup through the use of a	719
folder system or a substantially similar system.	720

(4) "Eyewitness" means a person who observes another person	721
at or near the scene of an offense.	722

(5) "Filler" means either a person or a photograph of a	723
person who is not suspected of an offense and is included in an	724
identification procedure.	725

(6) "Folder system" means a system for conducting a photo	726
lineup that satisfies all of the following:	727

(a) The investigating officer uses one "suspect photograph"	728
that resembles the description of the suspected perpetrator of the	729
offense provided by the witness, five "filler photographs" of	730
persons not suspected of the offense that match the description of	731
the suspected perpetrator but do not cause the suspect photograph	732
to unduly stand out, four "blank photographs" that contain no	733
images of any person, and ten empty folders.	734

(b) The investigating officer places one "filler photograph"	735
into one of the empty folders and numbers it as folder 1.	736

(c) The administrator places the "suspect photograph" and the	737
other four "filler photographs" into five other empty folders,	738
shuffles the five folders so that the administrator is unaware of	739
which folder contains the "suspect photograph," and numbers the	740
five shuffled folders as folders 2 through 6.	741

(d) The administrator places the four "blank photographs" in	742
the four remaining empty folders and numbers these folders as	743
folders 7 through 10, and these folders serve as "dummy folders."	744

(e) The administrator provides instructions to the witness as	745
to the lineup procedure and informs the witness that a photograph	746
of the alleged perpetrator of the offense may or may not be	747
included in the photographs the witness is about to see and that	748
the administrator does not know which, if any, of the folders	749
contains the photograph of the alleged perpetrator. The	750
administrator also shall instruct the witness that the	751
administrator does not want to view any of the photographs and	752
will not view any of the photographs and that the witness may not	753
show the administrator any of the photographs. The administrator	754
shall inform the witness that if the witness identifies a	755
photograph as being the person the witness saw the witness shall	756
identify the photograph only by the number of the photograph's	757
corresponding folder.	758

(f) The administrator hands each of the ten folders to the	759
witness individually without looking at the photograph in the	760
folder. Each time the witness has viewed a folder, the witness	761
indicates whether the photograph is of the person the witness saw,	762
indicates the degree of the witness' confidence in this	763
identification, and returns the folder and the photograph it	764
contains to the administrator.	765

(g) The administrator follows the procedures specified in	766
this division for a second viewing if the witness requests to view	767
each of the folders a second time, handing them to the witness in	768
the same order as during the first viewing; the witness is not	769
permitted to have more than two viewings of the folders; and the	770
administrator preserves the order of the folders and the	771
photographs they contain in a facedown position in order to	772
document the steps specified in division (A)(6)(h) of this	773
section.	774

(h) The administrator documents and records the results of	775
the procedure described in divisions (A)(6)(a) to (f) of this	776
section before the witness views each of the folders a second time	777
and before the administrator views any photograph that the witness	778
identifies as being of the person the witness saw. The	779
documentation and record includes the date, time, and location of	780
the lineup procedure; the name of the administrator; the names of	781
all of the individuals present during the lineup; the number of	782
photographs shown to the witness; copies of each photograph shown	783
to the witness; the order in which the folders were presented to	784
the witness; the source of each photograph that was used in the	785
procedure; a statement of the witness' confidence in the witness'	786
own words as to the certainty of the witness' identification of	787
the photographs as being of the person the witness saw that is	788
taken immediately upon the reaction of the witness to viewing the	789
photograph; and any additional information the administrator	790
considers pertinent to the lineup procedure. If the witness views	791
each of the folders a second time, the administrator shall	792
document and record the statement of the witness's confidence in	793
the witness's own words as to the certainty of the witness's	794
identification of a photograph as being of the person the witness	795
saw and document that the identification was made during a second	796
viewing of each of the folders by the witness.	797

(i) The administrator shall not say anything to the witness	798
or give any oral or nonverbal cues as to whether or not the	799
witness identified the "suspect photograph" until the	800
administrator documents and records the results of the procedure	801
described in divisions (A)(6)(a) to (g) of this section and the	802
photo lineup has concluded.	803

(7) "Live lineup" means an identification procedure in which	804
a group of persons, including the suspected perpetrator of an	805
offense and other persons not suspected of the offense, is	806
displayed to an eyewitness for the purpose of determining whether	807
the eyewitness identifies the suspect as the perpetrator of the	808
offense.	809

(8) "Photo lineup" means an identification procedure in which	810
an array of photographs, including a photograph of the suspected	811
perpetrator of an offense and additional photographs of other	812
persons not suspected of the offense, is displayed to an	813
eyewitness for the purpose of determining whether the eyewitness	814
identifies the suspect as the perpetrator of the offense.	815

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

816

(10) "Suspect" means the person believed by law enforcement	817
to be the possible perpetrator of the offense.	818

(B) Prior to conducting any live lineup or photo lineup on or	819
after the effective date of this section, any law enforcement	820
agency or criminal justice entity in this state that conducts live	821
lineups or photo lineups shall adopt specific procedures for	822
conducting the lineups. The procedures, at a minimum, shall impose	823
the following requirements:	824

(1) Unless impracticable, a blind or blinded administrator	825
shall conduct the live lineup or photo lineup.	826

(2) When it is impracticable for a blind administrator to	827
conduct the live lineup or photo lineup, the administrator shall	828
state in writing the reason for that impracticability.	829

(3) When it is impracticable for either a blind or blinded	830
administrator to conduct the live lineup or photo lineup, the	831
administrator shall state in writing the reason for that	832
impracticability.	833

(4) The administrator conducting the lineup shall make a	834
written record that includes all of the following information:	835

(a) All identification and nonidentification results obtained	836
during the lineup, signed by the eyewitnesses, including the	837
eyewitnesses' confidence statements made immediately at the time	838
of the identification;	839

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

840

(c) The date and time of the lineup;

841

(d) Any eyewitness identification of one or more fillers in	842
the lineup;	843

(e) The names of the lineup members and other relevant	844
identifying information, and the sources of all photographs or	845
persons used in the lineup.	846

(5) If a blind administrator is conducting the live lineup or	847
the photo lineup, the administrator shall inform the witness that	848
the suspect may or may not be in the lineup and that the	849
administrator does not know who the suspect is.	850

(C) For any photo lineup or live lineup that is administered	851
on or after the effective date of this section, all of the	852
following apply:	853

(1) Evidence of a failure to comply with any of the	854
provisions of this section or with any procedure for conducting	855
lineups that has been adopted by a law enforcement agency or	856
criminal justice agency pursuant to division (B) of this section	857
and that conforms to any provision of divisions (B)(1) to (5) of	858
this section shall be considered by trial courts in adjudicating	859
motions to suppress eyewitness identification resulting from or	860
related to the lineup.	861

(2) Evidence of a failure to comply with any of the	862
provisions of this section or with any procedure for conducting	863
lineups that has been adopted by a law enforcement agency or	864
criminal justice agency pursuant to division (B) of this section	865
and that conforms to any provision of divisions (B)(1) to (5) of	866
this section shall be admissible in support of any claim of	867
eyewitness misidentification resulting from or related to the	868
lineup as long as that evidence otherwise is admissible.	869

(3) When evidence of a failure to comply with any of the	870
provisions of this section, or with any procedure for conducting	871
lineups that has been adopted by a law enforcement agency or	872
criminal justice agency pursuant to division (B) of this section	873
and that conforms to any provision of divisions (B)(1) to (5) of	874
this section, is presented at trial, the jury shall be instructed	875
that it may consider credible evidence of noncompliance in	876
determining the reliability of any eyewitness identification	877
resulting from or related to the lineup.	878

Sec. 2953.21.  (A)(1)(a) Any person who has been convicted of	879
a criminal offense or adjudicated a delinquent child and who	880
claims that there was such a denial or infringement of the	881
person's rights as to render the judgment void or voidable under	882
the Ohio Constitution or the Constitution of the United States,	883
and any person who has been convicted of a criminal offense that	884
is a felony,and who is an inmate, andoffender for whom DNA	885
testing that was performed under sections 2953.71 to 2953.81 of	886
the Revised Code or under former section 2953.82 of the Revised	887
Code and analyzed in the context of and upon consideration of all	888
available admissible evidence related to the inmate'sperson's	889
case as described in division (D) of section 2953.74 of the	890
Revised Code provided results that establish, by clear and	891
convincing evidence, actual innocence of that felony offense or,	892
if the person was sentenced to death, establish, by clear and	893
convincing evidence, actual innocence of the aggravating	894
circumstance or circumstances the person was found guilty of	895
committing and that is or are the basis of that sentence of	896
death, may file a petition in the court that imposed sentence,	897
stating the grounds for relief relied upon, and asking the court	898
to vacate or set aside the judgment or sentence or to grant other	899
appropriate relief. The petitioner may file a supporting	900
affidavit and other documentary evidence in support of the claim	901
for relief.	902

(b) As used in division (A)(1)(a) of this section, "actual	903
innocence" means that, had the results of the DNA testing	904
conducted under sections 2953.71 to 2953.81 of the Revised Code or	905
under former section 2953.82 of the Revised Code been presented at	906
trial, and had those results been analyzed in the context of and	907
upon consideration of all available admissible evidence related	908
to the inmate'sperson's case as described in division (D) of	909
section 2953.74 of the Revised Code, no reasonable factfinder	910
would have found the petitioner guilty of the offense of which	911
the petitioner was convicted, or, if the person was sentenced to	912
death, no reasonable factfinder would have found the petitioner	913
guilty of the aggravating circumstance or circumstances the	914
petitioner was found guilty of committing and that is or are the	915
basis of that sentence of death.	916

(c) As used in divisions (A)(1)(a) and (b) of this section,	917
"former section 2953.82 of the Revised Code" means section 2953.82	918
of the Revised Code as it existed prior to the effective date of	919
this amendment.	920

(2) Except as otherwise provided in section 2953.23 of the	921
Revised Code, a petition under division (A)(1) of this section	922
shall be filed no later than one hundred eighty days after the	923
date on which the trial transcript is filed in the court of	924
appeals in the direct appeal of the judgment of conviction or	925
adjudication or, if the direct appeal involves a sentence of	926
death, the date on which the trial transcript is filed in the	927
supreme court. If no appeal is taken, except as otherwise provided	928
in section 2953.23 of the Revised Code, the petition shall be	929
filed no later than one hundred eighty days after the expiration	930
of the time for filing the appeal.	931

(3) In a petition filed under division (A) of this section, a	932
person who has been sentenced to death may ask the court to render	933
void or voidable the judgment with respect to the conviction of	934
aggravated murder or the specification of an aggravating	935
circumstance or the sentence of death.	936

(4) A petitioner shall state in the original or amended	937
petition filed under division (A) of this section all grounds for	938
relief claimed by the petitioner. Except as provided in section	939
2953.23 of the Revised Code, any ground for relief that is not so	940
stated in the petition is waived.	941

(5) If the petitioner in a petition filed under division (A)	942
of this section was convicted of or pleaded guilty to a felony,	943
the petition may include a claim that the petitioner was denied	944
the equal protection of the laws in violation of the Ohio	945
Constitution or the United States Constitution because the	946
sentence imposed upon the petitioner for the felony was part of a	947
consistent pattern of disparity in sentencing by the judge who	948
imposed the sentence, with regard to the petitioner's race,	949
gender, ethnic background, or religion. If the supreme court	950
adopts a rule requiring a court of common pleas to maintain	951
information with regard to an offender's race, gender, ethnic	952
background, or religion, the supporting evidence for the petition	953
shall include, but shall not be limited to, a copy of that type of	954
information relative to the petitioner's sentence and copies of	955
that type of information relative to sentences that the same judge	956
imposed upon other persons.	957

(B) The clerk of the court in which the petition is filed	958
shall docket the petition and bring it promptly to the attention	959
of the court. The clerk of the court in which the petition is	960
filed immediately shall forward a copy of the petition to the	961
prosecuting attorney of that county.	962

(C) The court shall consider a petition that is timely filed	963
under division (A)(2) of this section even if a direct appeal of	964
the judgment is pending. Before granting a hearing on a petition	965
filed under division (A) of this section, the court shall	966
determine whether there are substantive grounds for relief. In	967
making such a determination, the court shall consider, in addition	968
to the petition, the supporting affidavits, and the documentary	969
evidence, all the files and records pertaining to the proceedings	970
against the petitioner, including, but not limited to, the	971
indictment, the court's journal entries, the journalized records	972
of the clerk of the court, and the court reporter's transcript.	973
The court reporter's transcript, if ordered and certified by the	974
court, shall be taxed as court costs. If the court dismisses the	975
petition, it shall make and file findings of fact and conclusions	976
of law with respect to such dismissal.	977

(D) Within ten days after the docketing of the petition, or	978
within any further time that the court may fix for good cause	979
shown, the prosecuting attorney shall respond by answer or motion.	980
Within twenty days from the date the issues are raised, either	981
party may move for summary judgment. The right to summary judgment	982
shall appear on the face of the record.	983

(E) Unless the petition and the files and records of the case	984
show the petitioner is not entitled to relief, the court shall	985
proceed to a prompt hearing on the issues even if a direct appeal	986
of the case is pending. If the court notifies the parties that it	987
has found grounds for granting relief, either party may request an	988
appellate court in which a direct appeal of the judgment is	989
pending to remand the pending case to the court.	990

(F) At any time before the answer or motion is filed, the	991
petitioner may amend the petition with or without leave or	992
prejudice to the proceedings. The petitioner may amend the	993
petition with leave of court at any time thereafter.	994

(G) If the court does not find grounds for granting relief,	995
it shall make and file findings of fact and conclusions of law and	996
shall enter judgment denying relief on the petition. If no direct	997
appeal of the case is pending and the court finds grounds for	998
relief or if a pending direct appeal of the case has been remanded	999
to the court pursuant to a request made pursuant to division (E)	1000
of this section and the court finds grounds for granting relief,	1001
it shall make and file findings of fact and conclusions of law and	1002
shall enter a judgment that vacates and sets aside the judgment in	1003
question, and, in the case of a petitioner who is a prisoner in	1004
custody, shall discharge or resentence the petitioner or grant a	1005
new trial as the court determines appropriate. The court also may	1006
make supplementary orders to the relief granted, concerning such	1007
matters as rearraignment, retrial, custody, and bail. If the trial	1008
court's order granting the petition is reversed on appeal and if	1009
the direct appeal of the case has been remanded from an appellate	1010
court pursuant to a request under division (E) of this section,	1011
the appellate court reversing the order granting the petition	1012
shall notify the appellate court in which the direct appeal of the	1013
case was pending at the time of the remand of the reversal and	1014
remand of the trial court's order. Upon the reversal and remand of	1015
the trial court's order granting the petition, regardless of	1016
whether notice is sent or received, the direct appeal of the case	1017
that was remanded is reinstated.	1018

(H) Upon the filing of a petition pursuant to division (A) of	1019
this section by a person sentenced to death, only the supreme	1020
court may stay execution of the sentence of death.	1021

(I)(1) If a person sentenced to death intends to file a	1022
petition under this section, the court shall appoint counsel to	1023
represent the person upon a finding that the person is indigent	1024
and that the person either accepts the appointment of counsel or	1025
is unable to make a competent decision whether to accept or reject	1026
the appointment of counsel. The court may decline to appoint	1027
counsel for the person only upon a finding, after a hearing if	1028
necessary, that the person rejects the appointment of counsel and	1029
understands the legal consequences of that decision or upon a	1030
finding that the person is not indigent.	1031

(2) The court shall not appoint as counsel under division	1032
(I)(1) of this section an attorney who represented the petitioner	1033
at trial in the case to which the petition relates unless the	1034
person and the attorney expressly request the appointment. The	1035
court shall appoint as counsel under division (I)(1) of this	1036
section only an attorney who is certified under Rule 20 of the	1037
Rules of Superintendence for the Courts of Ohio to represent	1038
indigent defendants charged with or convicted of an offense for	1039
which the death penalty can be or has been imposed. The	1040
ineffectiveness or incompetence of counsel during proceedings	1041
under this section does not constitute grounds for relief in a	1042
proceeding under this section, in an appeal of any action under	1043
this section, or in an application to reopen a direct appeal.	1044

(3) Division (I) of this section does not preclude attorneys	1045
who represent the state of Ohio from invoking the provisions of 28	1046
U.S.C. 154 with respect to capital cases that were pending in	1047
federal habeas corpus proceedings prior to July 1, 1996, insofar	1048
as the petitioners in those cases were represented in proceedings	1049
under this section by one or more counsel appointed by the court	1050
under this section or section 120.06, 120.16, 120.26, or 120.33 of	1051
the Revised Code and those appointed counsel meet the requirements	1052
of division (I)(2) of this section.	1053

(J) Subject to the appeal of a sentence for a felony that is	1054
authorized by section 2953.08 of the Revised Code, the remedy set	1055
forth in this section is the exclusive remedy by which a person	1056
may bring a collateral challenge to the validity of a conviction	1057
or sentence in a criminal case or to the validity of an	1058
adjudication of a child as a delinquent child for the commission	1059
of an act that would be a criminal offense if committed by an	1060
adult or the validity of a related order of disposition.	1061

Sec. 2953.23.  (A) Whether a hearing is or is not held on a	1062
petition filed pursuant to section 2953.21 of the Revised Code, a	1063
court may not entertain a petition filed after the expiration of	1064
the period prescribed in division (A) of that section or a second	1065
petition or successive petitions for similar relief on behalf of a	1066
petitioner unless division (A)(1) or (2) of this section applies:	1067

(1) Both of the following apply:

1068

(a) Either the petitioner shows that the petitioner was	1069
unavoidably prevented from discovery of the facts upon which the	1070
petitioner must rely to present the claim for relief, or,	1071
subsequent to the period prescribed in division (A)(2) of section	1072
2953.21 of the Revised Code or to the filing of an earlier	1073
petition, the United States Supreme Court recognized a new federal	1074
or state right that applies retroactively to persons in the	1075
petitioner's situation, and the petition asserts a claim based on	1076
that right.	1077

(b) The petitioner shows by clear and convincing evidence	1078
that, but for constitutional error at trial, no reasonable	1079
factfinder would have found the petitioner guilty of the offense	1080
of which the petitioner was convicted or, if the claim challenges	1081
a sentence of death that, but for constitutional error at the	1082
sentencing hearing, no reasonable factfinder would have found the	1083
petitioner eligible for the death sentence.	1084

(2) The petitioner was convicted of a felony, the petitioner	1085
is an inmateoffender for whom DNA testing was performed under	1086
sections 2953.71 to 2953.81 of the Revised Code or under former	1087
section 2953.82 of the Revised Code and analyzed in the context	1088
of and upon consideration of all available admissible evidence	1089
related to the inmate's case as described in division (D) of	1090
section 2953.74 of the Revised Code, and the results of the DNA	1091
testing establish, by clear and convincing evidence, actual	1092
innocence of that felony offense or, if the person was sentenced	1093
to death, establish, by clear and convincing evidence, actual	1094
innocence of the aggravating circumstance or circumstances the	1095
person was found guilty of committing and that is or are the	1096
basis of that sentence of death.	1097

As used in this division, "actual innocence" has the same	1098
meaning as in division (A)(1)(b) of section 2953.21 of the Revised	1099
Code, and "former section 2953.82 of the Revised Code" has the	1100
same meaning as in division (A)(1)(c) of section 2953.21 of the	1101
Revised Code.	1102

(B) An order awarding or denying relief sought in a petition	1103
filed pursuant to section 2953.21 of the Revised Code is a final	1104
judgment and may be appealed pursuant to Chapter 2953. of the	1105
Revised Code.	1106

Sec. 2953.56. (A) A court that enters a judgment that vacates	1107
and sets aside the conviction of a person because of DNA testing	1108
that was performed under sections 2953.71 to 2953.81 of the	1109
Revised Code or under section 2953.82 of the Revised Code shall	1110
issue ninety days after the court vacates and sets aside the	1111
conviction an order directing that all official records	1112
pertaining to the case involving the vacated conviction be sealed	1113
and that the proceedings in the case shall be deemed not to have	1114
occurred.	1115

(B) As used in sections 2953.56 to 2953.59 of the Revised	1116
Code, "official records" has the same meaning as in section	1117
2953.51 of the Revised Code.	1118

Sec. 2953.57.  (A) The court shall send notice of an order to	1119
seal official records issued pursuant to section 2953.56 of the	1120
Revised Code to any public office or agency that the court knows	1121
or has reason to believe may have any record of the case, whether	1122
or not it is an official record, that is the subject of the order.	1123
The notice shall be sent by certified mail, return receipt	1124
requested.	1125

(B) A person whose official records have been sealed pursuant	1126
to an order issued pursuant to section 2953.56 of the Revised Code	1127
may present a copy of that order and a written request to comply	1128
with it, to a public office or agency that has a record of the	1129
case that is the subject of the order.	1130

(C) An order to seal official records issued pursuant to	1131
section 2953.56 of the Revised Code applies to every public office	1132
or agency that has a record of the case that is the subject of the	1133
order, regardless of whether it receives a copy of the order to	1134
seal the official records pursuant to division (A) or (B) of this	1135
section.	1136

(D) Upon receiving a copy of an order to seal official	1137
records pursuant to division (A) or (B) of this section or upon	1138
otherwise becoming aware of an applicable order to seal official	1139
records issued pursuant to section 2953.56 of the Revised Code, a	1140
public office or agency shall comply with the order and, if	1141
applicable, with the provisions of section 2953.58 of the Revised	1142
Code, except that it may maintain a record of the case that is the	1143
subject of the order if the record is maintained for the purpose	1144
of compiling statistical data only and does not contain any	1145
reference to the person who is the subject of the case and the	1146
order.	1147

A public office or agency also may maintain an index of	1148
sealed official records, in a form similar to that for sealed	1149
records of conviction as set forth in division (F) of section	1150
2953.32 of the Revised Code, access to which may not be afforded	1151
to any person other than the person who has custody of the sealed	1152
official records. The sealed official records to which such an	1153
index pertains shall not be available to any person, except that	1154
the official records of a case that have been sealed may be made	1155
available to the following persons for the following purposes:	1156

(1) To the person who is the subject of the records upon	1157
written application, and to any other person named in the	1158
application, for any purpose;	1159

(2) To a law enforcement officer who was involved in the	1160
case, for use in the officer's defense of a civil action arising	1161
out of the officer's involvement in that case.	1162

Sec. 2953.58.  (A) Except as otherwise provided in Chapter	1163
2950. of the Revised Code, upon the issuance of an order by a	1164
court under section 2953.56 of the Revised Code directing that all	1165
official records pertaining to a case be sealed and that the	1166
proceedings in the case be deemed not to have occurred:	1167

(1) Every law enforcement officer possessing records or	1168
reports pertaining to the case that are the officer's specific	1169
investigatory work product and that are excepted from the	1170
definition of "official records" contained in section 2953.51 of	1171
the Revised Code shall immediately deliver the records and reports	1172
to the officer's employing law enforcement agency. Except as	1173
provided in division (A)(3) of this section, no such officer shall	1174
knowingly release, disseminate, or otherwise make the records and	1175
reports or any information contained in them available to, or	1176
discuss any information contained in them with, any person not	1177
employed by the officer's employing law enforcement agency.	1178

(2) Every law enforcement agency that possesses records or	1179
reports pertaining to the case that are its specific investigatory	1180
work product and that are excepted from the definition of	1181
"official records" contained in section 2953.51 of the Revised	1182
Code, or that are the specific investigatory work product of a law	1183
enforcement officer it employs and that were delivered to it under	1184
division (A)(1) of this section shall, except as provided in	1185
division (A)(3) of this section, close the records and reports to	1186
all persons who are not directly employed by the law enforcement	1187
agency and shall, except as provided in division (A)(3) of this	1188
section, treat the records and reports, in relation to all persons	1189
other than those who are directly employed by the law enforcement	1190
agency, as if they did not exist and had never existed. Except as	1191
provided in division (A)(3) of this section, no person who is	1192
employed by the law enforcement agency shall knowingly release,	1193
disseminate, or otherwise make the records and reports in the	1194
possession of the employing law enforcement agency or any	1195
information contained in them available to, or discuss any	1196
information contained in them with, any person not employed by the	1197
employing law enforcement agency.	1198

(3) A law enforcement agency that possesses records or	1199
reports pertaining to the case that are its specific investigatory	1200
work product and that are excepted from the definition of	1201
"official records" contained in division (D) of section 2953.51 of	1202
the Revised Code, or that are the specific investigatory work	1203
product of a law enforcement officer it employs and that were	1204
delivered to it under division (A)(1) of this section may permit	1205
another law enforcement agency to use the records or reports in	1206
the investigation of another offense, if the facts incident to the	1207
offense being investigated by the other law enforcement agency and	1208
the facts incident to an offense that is the subject of the case	1209
are reasonably similar and if all references to the name or	1210
identifying information of the person whose records were sealed	1211
are redacted from the records or reports. The agency that provides	1212
the records and reports may not provide the other agency with the	1213
name of the person who is the subject of the case the records of	1214
which were sealed.	1215

(B) Whoever violates division (A)(1), (2), or (3) of this	1216
section is guilty of divulging confidential information, a	1217
misdemeanor of the fourth degree.	1218

Sec. 2953.59.  (A) In any application for employment,	1219
license, or any other right or privilege, any appearance as a	1220
witness, or any other inquiry, a person may not be questioned with	1221
respect to any record that has been sealed pursuant to section	1222
2953.56 of the Revised Code. If an inquiry is made in violation of	1223
this section, the person whose official record was sealed may	1224
respond as if the arrest underlying the case to which the sealed	1225
official records pertain and all other proceedings in that case	1226
did not occur, and the person whose official record was sealed	1227
shall not be subject to any adverse action because of the arrest,	1228
the proceedings, or the person's response.	1229

(B) An officer or employee of the state or any of its	1230
political subdivisions who knowingly releases, disseminates, or	1231
makes available for any purpose involving employment, bonding,	1232
licensing, or education to any person or to any department,	1233
agency, or other instrumentality of the state, or of any of its	1234
political subdivisions, any information or other data concerning	1235
any arrest, complaint, indictment, information, trial,	1236
adjudication, or correctional supervision, the records of which	1237
have been sealed pursuant to section 2953.56 of the Revised Code,	1238
is guilty of divulging confidential information, a misdemeanor of	1239
the fourth degree.	1240

Sec. 2953.71. As used in sections 2953.71 to 2953.83 of the	1241
Revised Code:	1242

(A) "Application" or "application for DNA testing" means a	1243
request through postconviction relief for the state to do DNA	1244
testing on biological material from whichever of the following is	1245
applicable:	1246

(1) The case in which the inmateoffender was convicted of	1247
the offense for which the inmate is an eligible inmateoffender	1248
and is requesting the DNA testing under sections 2953.71 to	1249
2953.81 of the Revised Code;	1250

(2) The case in which the inmate pleaded guilty or no	1251
contest to the offense for which the inmate is requesting the DNA	1252
testing under section 2953.82 of the Revised Code.	1253

(B) "Biological material" means any product of a human body	1254
containing DNA.	1255

(C) "Chain of custody" means a record or other evidence that	1256
tracks a subject sample of biological material from the time the	1257
biological material was first obtained until the time it currently	1258
exists in its place of storage and, in relation to a DNA sample, a	1259
record or other evidence that tracks the DNA sample from the time	1260
it was first obtained until it currently exists in its place of	1261
storage. For purposes of this division, examples of when	1262
biological material or a DNA sample is first obtained include, but	1263
are not limited to, obtaining the material or sample at the scene	1264
of a crime, from a victim, from an inmateoffender, or in any	1265
other manner or time as is appropriate in the facts and	1266
circumstances present.	1267

(D) "Custodial agency" means the group or entity that has the	1268
responsibility to maintain biological material in question.	1269

(E) "Custodian" means the person who is the primary	1270
representative of a custodial agency.	1271

(F) "Eligible inmateoffender" means an inmateoffender who	1272
is eligible under division (C) of section 2953.72 of the Revised	1273
Code to request DNA testing to be conducted under sections 2953.71	1274
to 2953.81 of the Revised Code.	1275

(G) "Exclusion" or "exclusion result" means a result of DNA	1276
testing that scientifically precludes or forecloses the subject	1277
inmateoffender as a contributor of biological material recovered	1278
from the crime scene or victim in question, in relation to the	1279
offense for which the inmateoffender is an eligible inmate	1280
offender and for which the sentence of death or prison term was	1281
imposed upon the inmate or, regarding a request for DNA testing	1282
made under section 2953.82 of the Revised Code, in relation to	1283
the offense for which the inmate made the request and for which	1284
the sentence of death or prison term was imposed upon the inmate	1285
offender.	1286

(H) "Extracting personnel" means medically approved personnel	1287
who are employed to physically obtain an inmateoffender's DNA	1288
specimen for purposes of DNA testing under sections 2953.71 to	1289
2953.81 or section 2953.82 of the Revised Code.	1290

(I) "Inclusion" or "inclusion result" means a result of DNA	1291
testing that scientifically cannot exclude, or that holds	1292
accountable, the subject inmateoffender as a contributor of	1293
biological material recovered from the crime scene or victim in	1294
question, in relation to the offense for which the inmateoffender	1295
is an eligible inmateoffender and for which the sentence of death	1296
or prison term was imposed upon the inmate or, regarding a	1297
request for DNA testing made under section 2953.82 of the Revised	1298
Code, in relation to the offense for which the inmate made the	1299
request and for which the sentence of death or prison term was	1300
imposed upon the inmateoffender.	1301

(J) "Inconclusive" or "inconclusive result" means a result of	1302
DNA testing that is rendered when a scientifically appropriate and	1303
definitive DNA analysis or result, or both, cannot be determined.	1304

(K) "InmateOffender" means an inmate in a prisona criminal	1305
offender who was sentenced by a court, or by a jury and a court,	1306
of this state.	1307

(L) "Outcome determinative" means that had the results of DNA	1308
testing of the subject inmateoffender been presented at the trial	1309
of the subject inmateoffender requesting DNA testing and been	1310
found relevant and admissible with respect to the felony offense	1311
for which the inmateoffender is an eligible inmateoffender and	1312
is requesting the DNA testing or for which the inmateis	1313
requesting the DNA testing under section 2953.82 of the Revised	1314
Code, and had those results been analyzed in the context of and	1315
upon consideration of all available admissible evidence related to	1316
the inmate'soffender's case as described in division (D) of	1317
section 2953.74 of the Revised Code, there is a strong probability	1318
that no reasonable factfinder would have found the inmateoffender	1319
guilty of that offense or, if the inmateoffender was sentenced to	1320
death relative to that offense, would have found the inmate	1321
offender guilty of the aggravating circumstance or circumstances	1322
the inmateoffender was found guilty of committing and that is or	1323
are the basis of that sentence of death.	1324

(M) "Parent sample" means the biological material first	1325
obtained from a crime scene or a victim of an offense for which an	1326
inmateoffender is an eligible inmate or for which the inmate is	1327
requesting the DNA testing under section 2953.82 of the Revised	1328
Codeoffender, and from which a sample will be presently taken to	1329
do a DNA comparison to the DNA of the subject inmateoffender	1330
under sections 2953.71 to 2953.81 or section 2953.82 of the	1331
Revised Code.	1332

(N) "Prison" hasand "community control sanction" have the	1333
same meaningmeanings as in section 2929.01 of the Revised Code.	1334

(O) "Prosecuting attorney" means the prosecuting attorney	1335
who, or whose office, prosecuted the case in which the subject	1336
inmateoffender was convicted of the offense for which the inmate	1337
offender is an eligible inmateoffender and is requesting the DNA	1338
testing or for which the inmate is requesting the DNA testing	1339
under section 2953.82 of the Revised Code.	1340

(P) "Prosecuting authority" means the prosecuting attorney or	1341
the attorney general.	1342

(Q) "Reasonable diligence" means a degree of diligence that	1343
is comparable to the diligence a reasonable person would employ in	1344
searching for information regarding an important matter in the	1345
person's own life.	1346

(R) "Testing authority" means a laboratory at which DNA	1347
testing will be conducted under sections 2953.71 to 2953.81 or	1348
section 2953.82 of the Revised Code.	1349

(S) "Parole" and "post-release control" have the same	1350
meanings as in section 2967.01 of the Revised Code.	1351

(T) "Sexually oriented offense" and "child-victim oriented	1352
offense" have the same meanings as in section 2950.01 of the	1353
Revised Code.	1354

(U) "Definitive DNA test" means a DNA test that clearly	1355
establishes that biological material from the perpetrator of the	1356
crime was recovered from the crime scene and also clearly	1357
establishes whether or not the biological material is that of the	1358
eligible inmate. A prior DNA test is not definitive if the	1359
eligible inmate proves by a preponderance of the evidence that	1360
because of advances in DNA technology there is a possibility of	1361
discovering new biological material from the perpetrator that the	1362
prior DNA test may have failed to discover. Prior testing may have	1363
been a prior "definitive DNA test" as to some biological evidence	1364
but may not have been a prior "definitive DNA test" as to other	1365
biological evidence.	1366

Sec. 2953.72. (A) Any eligible inmateoffender who wishes to	1367
request DNA testing under sections 2953.71 to 2953.81 of the	1368
Revised Code shall submit an application for the testing to the	1369
court of common pleas specified in section 2953.73 of the Revised	1370
Code, on a form prescribed by the attorney general for this	1371
purpose. The eligible inmateoffender shall submit the application	1372
in accordance with the procedures set forth in section 2953.73 of	1373
the Revised Code. The eligible inmateoffender shall specify on	1374
the application the offense or offenses for which the inmate	1375
offender is an eligible inmateoffender and is requesting the DNA	1376
testing. Along with the application, the eligible inmateoffender	1377
shall submit an acknowledgment that is on a form prescribed by the	1378
attorney general for this purpose and that is signed by the inmate	1379
offender. The acknowledgment shall set forth all of the following:	1380

(1) That sections 2953.71 to 2953.81 of the Revised Code	1381
contemplate applications for DNA testing of an eligible inmates	1382
offender at a stage of a prosecution or case after the inmate	1383
offender has been sentenced to a prison term or a sentence of	1384
death, that any exclusion or inclusion result of DNA testing	1385
rendered pursuant to those sections may be used by a party in any	1386
proceeding as described in section 2953.81 of the Revised Code,	1387
and that all requests for any DNA testing made at trial will	1388
continue to be handled by the prosecuting attorney in the case;	1389

(2) That the process of conducting postconviction DNA testing	1390
for an eligible inmateoffender under sections 2953.71 to 2953.81	1391
of the Revised Code begins when the inmateoffender submits an	1392
application under section 2953.73 of the Revised Code and the	1393
acknowledgment described in this section;	1394

(3) That the eligible inmateoffender must submit the	1395
application and acknowledgment to the court of common pleas that	1396
heard the case in which the inmateoffender was convicted of the	1397
offense for which the inmateoffender is an eligible offender and	1398
is requesting the DNA testing;	1399

(4) That the state has established a set of criteria set	1400
forth in section 2953.74 of the Revised Code by which eligible	1401
inmateoffender applications for DNA testing will be screened and	1402
that a judge of a court of common pleas upon receipt of a properly	1403
filed application and accompanying acknowledgment will apply those	1404
criteria to determine whether to accept or reject the application;	1405

(5) That the results of DNA testing conducted under sections	1406
2953.71 to 2953.81 of the Revised Code will be provided as	1407
described in section 2953.81 of the Revised Code to all parties in	1408
the postconviction proceedings and will be reported to various	1409
courts;	1410

(6) That, if DNA testing is conducted with respect to an	1411
inmateoffender under sections 2953.71 to 2953.81 of the Revised	1412
Code, the state will not offer the inmateoffender a retest if an	1413
inclusion result is achieved relative to the testing and that, if	1414
the state were to offer a retest after an inclusion result, the	1415
policy would create an atmosphere in which endless testing could	1416
occur and in which postconviction proceedings could be stalled for	1417
many years;	1418

(7) That, if the court rejects an eligible inmate's	1419
offender's application for DNA testing because the inmateoffender	1420
does not satisfy the acceptance criteria described in division	1421
(A)(4) of this section, the court will not accept or consider	1422
subsequent applications;	1423

(8) That the acknowledgment memorializes the provisions of	1424
sections 2953.71 to 2953.81 of the Revised Code with respect to	1425
the application of postconviction DNA testing to inmates	1426
offenders, that those provisions do not give any inmateoffender	1427
any additional constitutional right that the inmateoffender did	1428
not already have, that the court has no duty or obligation to	1429
provide postconviction DNA testing to inmatesoffenders, that the	1430
court of common pleas has the sole discretion subject to an appeal	1431
as described in this division to determine whether an inmate	1432
offender is an eligible inmateoffender and whether an eligible	1433
inmate'soffender's application for DNA testing satisfies the	1434
acceptance criteria described in division (A)(4) of this section	1435
and whether the application should be accepted or rejected, that	1436
if the court of common pleas rejects an eligible inmate's	1437
offender's application, the inmateoffender may seek leave of the	1438
supreme court to appeal the rejection to that court if the inmate	1439
offender was sentenced to death for the offense for which the	1440
inmateoffender is requesting the DNA testing and, if the inmate	1441
offender was not sentenced to death for that offense, may appeal	1442
the rejection to the court of appeals, and that no determination	1443
otherwise made by the court of common pleas in the exercise of its	1444
discretion regarding the eligibility of an inmateoffender or	1445
regarding postconviction DNA testing under those provisions is	1446
reviewable by or appealable to any court;	1447

(9) That the manner in which sections 2953.71 to 2953.81 of	1448
the Revised Code with respect to the offering of postconviction	1449
DNA testing to inmatesoffenders are carried out does not confer	1450
any constitutional right upon any inmateoffender, that the state	1451
has established guidelines and procedures relative to those	1452
provisions to ensure that they are carried out with both justice	1453
and efficiency in mind, and that an inmateoffender who	1454
participates in any phase of the mechanism contained in those	1455
provisions, including, but not limited to, applying for DNA	1456
testing and being rejected, having an application for DNA testing	1457
accepted and not receiving the test, or having DNA testing	1458
conducted and receiving unfavorable results, does not gain as a	1459
result of the participation any constitutional right to challenge,	1460
or, except as provided in division (A)(8) of this section, any	1461
right to any review or appeal of, the manner in which those	1462
provisions are carried out;	1463

(10) That the most basic aspect of sections 2953.71 to	1464
2953.81 of the Revised Code is that, in order for DNA testing to	1465
occur, there must be an inmateoffender sample against which other	1466
evidence may be compared, that, if an eligible inmate'soffender's	1467
application is accepted but the inmateoffender subsequently	1468
refuses to submit to the collection of the sample of biological	1469
material from the inmateoffender or hinders the state from	1470
obtaining a sample of biological material from the inmate	1471
offender, the goal of those provisions will be frustrated, and	1472
that an inmate'soffender's refusal or hindrance shall cause the	1473
court to rescind its prior acceptance of the application for DNA	1474
testing for the inmateoffender and deny the application;	1475

(11) That, if the inmate is an inmate who pleaded guilty or	1476
no contest to a felony offense and who is using the application	1477
and acknowledgment to request DNA testing under section 2953.82	1478
of the Revised Code, all references in the acknowledgment to an	1479
"eligible inmate" are considered to be references to, and apply	1480
to, the inmate and all references in the acknowledgment to	1481
"sections 2953.71 to 2953.81 of the Revised Code" are considered	1482
to be references to "section 2953.82 of the Revised Code."	1483

(B) The attorney general shall prescribe a form to be used to	1484
make an application for DNA testing under division (A) of this	1485
section and section 2953.73 of the Revised Code and a form to be	1486
used to provide the acknowledgment described in division (A) of	1487
this section. The forms shall include all information described in	1488
division (A) of this section, spaces for an inmateoffender to	1489
insert all information necessary to complete the forms, including,	1490
but not limited to, specifying the offense or offenses for which	1491
the inmateoffender is an eligible inmateoffender and is	1492
requesting the DNA testing or for which the inmate is requesting	1493
the DNA testing under section 2953.82 of the Revised Code, and	1494
any other information or material the attorney general determines	1495
is necessary or relevant. The forms also shall be used to make an	1496
application requesting DNA testing under section 2953.82 of the	1497
Revised Code, and the attorney general shall ensure that they are	1498
sufficient for that type of use, and that they include all	1499
information and spaces necessary for that type of use. The	1500
attorney general shall distribute copies of the prescribed forms	1501
to the department of rehabilitation and correction, the	1502
department shall ensure that each prison in which inmates	1503
offenders are housed has a supply of copies of the forms, and the	1504
department shall ensure that copies of the forms are provided free	1505
of charge to any inmateoffender who requests them.	1506

(C)(1) An inmateoffender is eligible to request DNA testing	1507
to be conducted under sections 2953.71 to 2953.81 of the Revised	1508
Code only if all of the following apply:	1509

(a) The offense for which the inmateoffender claims to be an	1510
eligible inmateoffender is a felony, and the inmateoffender was	1511
convicted by a judge or jury of that offense.	1512

(b) One of the following applies:

1513

(i) The inmateoffender was sentenced to a prison term or	1514
sentence of death for the felony described in division (C)(1)(a)	1515
of this section, and the offender is in prison serving that prison	1516
term or under that sentence of death, has been paroled or is on	1517
probation regarding that felony, is under post-release control	1518
regarding that felony, or has been released from that prison term	1519
and is under a community control sanction regarding that felony.	1520

(ii) The offender was not sentenced to a prison term or	1521
sentence of death for the felony described in division (C)(1)(a)	1522
of this section, but was sentenced to a community control sanction	1523
for that felony and is under that community control sanction.	1524

(iii) The felony described in division (C)(1)(a) of this	1525
section was a sexually oriented offense or child-victim oriented	1526
offense, and the offender has a duty to comply with sections	1527
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code	1528
relative to that felony.	1529

(c) On the date on which the application is filed, the inmate	1530
has at least one year remaining on the prison term described in	1531
division (C)(1)(b) of this section, or the inmate is in prison	1532
under a sentence of death as described in that division.	1533

(2) An inmateoffender is not an eligible inmateoffender	1534
under division (C)(1) of this section regarding any offense to	1535
which the inmateoffender pleaded guilty or no contest.	1536

(3) An offender is not an eligible offender under division	1537
(C)(1) of this section regarding any offense if the offender dies	1538
prior to submitting an application for DNA testing related to that	1539
offense under section 2953.73 of the Revised Code.	1540

Sec. 2953.73. (A) An eligible inmateoffender who wishes to	1541
request DNA testing to be conducted under sections 2953.71 to	1542
2953.81 of the Revised Code shall submit an application for DNA	1543
testing on a form prescribed by the attorney general for this	1544
purpose and shall submit the form to the court of common pleas	1545
that sentenced the inmateoffender for the offense for which the	1546
inmateoffender is an eligible inmateoffender and is requesting	1547
DNA testing.	1548

(B) If an eligible inmateoffender submits an application for	1549
DNA testing under division (A) of this section, upon the	1550
submission of the application, all of the following apply:	1551

(1) The eligible inmateoffender shall serve a copy of the	1552
application on the prosecuting attorney and the attorney general.	1553

(2) The application shall be assigned to the judge of that	1554
court of common pleas who was the trial judge in the case in which	1555
the eligible inmateoffender was convicted of the offense for	1556
which the inmateoffender is requesting DNA testing, or, if that	1557
judge no longer is a judge of that court, it shall be assigned	1558
according to court rules. The judge to whom the application is	1559
assigned shall decide the application. The application shall	1560
become part of the file in the case.	1561

(C) If an eligible inmateoffender submits an application for	1562
DNA testing under division (A) of this section, regardless of	1563
whether the inmateoffender has commenced any federal habeas	1564
corpus proceeding relative to the case in which the inmate	1565
offender was convicted of the offense for which the inmate	1566
offender is an eligible inmateoffender and is requesting DNA	1567
testing, any response to the application by the prosecuting	1568
attorney or the attorney general shall be filed not later than	1569
forty-five days after the date on which the eligible inmate	1570
offender submits the application. The prosecuting attorney or the	1571
attorney general, or both, may, but are not required to, file a	1572
response to the application. If the prosecuting attorney or the	1573
attorney general files a response under this division, the	1574
prosecuting attorney or attorney general, whoever filed the	1575
response, shall serve a copy of the response on the eligible	1576
inmateoffender.	1577

(D) If an eligible inmateoffender submits an application for	1578
DNA testing under division (A) of this section, the court shall	1579
make the determination as to whether the application should be	1580
accepted or rejected. The court shall expedite its review of the	1581
application. The court shall make the determination in accordance	1582
with the criteria and procedures set forth in sections 2953.74 to	1583
2953.81 of the Revised Code and, in making the determination,	1584
shall consider the application, the supporting affidavits, and the	1585
documentary evidence and, in addition to those materials, shall	1586
consider all the files and records pertaining to the proceedings	1587
against the applicant, including, but not limited to, the	1588
indictment, the court's journal entries, the journalized records	1589
of the clerk of the court, and the court reporter's transcript and	1590
all responses to the application filed under division (C) of this	1591
section by a prosecuting attorney or the attorney general, unless	1592
the application and the files and records show the applicant is	1593
not entitled to DNA testing, in which case the application may be	1594
denied. The court is not required to conduct an evidentiary	1595
hearing in conducting its review of, and in making its	1596
determination as to whether to accept or reject, the application.	1597
Upon making its determination, the court shall enter a judgment	1598
and order that either accepts or rejects the application and that	1599
includes within the judgment and order the reasons for the	1600
acceptance or rejection as applied to the criteria and procedures	1601
set forth in sections 2953.71 to 2953.81 of the Revised Code. The	1602
court shall send a copy of the judgment and order to the eligible	1603
inmateoffender who filed it, the prosecuting attorney, and the	1604
attorney general.	1605

(E) A judgment and order of a court entered under division	1606
(D) of this section is appealable only as provided in this	1607
division. If an eligible inmateoffender submits an application	1608
for DNA testing under section 2953.73 of the Revised Code and the	1609
court of common pleas rejects the application under division (D)	1610
of this section, one of the following applies:	1611

(1) If the inmateoffender was sentenced to death for the	1612
offense for which the inmateoffender claims to be an eligible	1613
inmateoffender and is requesting DNA testing, the inmateoffender	1614
may seek leave of the supreme court to appeal the rejection to the	1615
supreme court. Courts of appeals do not have jurisdiction to	1616
review any rejection if the inmateoffender was sentenced to death	1617
for the offense for which the inmateoffender claims to be an	1618
eligible inmateoffender and is requesting DNA testing.	1619

(2) If the inmateoffender was not sentenced to death for the	1620
offense for which the inmateoffender claims to be an eligible	1621
inmateoffender and is requesting DNA testing, the rejection is a	1622
final appealable order, and the inmateoffender may appeal it to	1623
the court of appeals of the district in which is located that	1624
court of common pleas.	1625

(F) Notwithstanding any provision of law regarding fees and	1626
costs, no filing fee shall be required of, and no court costs	1627
shall be assessed against, an eligible offender who is indigent	1628
and who submits an application under this section.	1629

(G) If a court rejects an eligible inmate'soffender's	1630
application for DNA testing under division (D) of this section,	1631
unless the rejection is overturned on appeal, no court shall	1632
require the state to administer a DNA test under sections 2953.71	1633
to 2953.81 of the Revised Code on the eligible inmateoffender.	1634

Sec. 2953.74. (A) If an eligible inmateoffender submits an	1635
application for DNA testing under section 2953.73 of the Revised	1636
Code and a prior definitive DNA test has been conducted regarding	1637
the same biological evidence that the inmateoffender seeks to	1638
have tested, the court shall reject the inmate'soffender's	1639
application. If an eligible inmateoffender files an application	1640
for DNA testing and a prior inconclusive DNA test has been	1641
conducted regarding the same biological evidence that the inmate	1642
offender seeks to have tested, the court shall review the	1643
application and has the discretion, on a case-by-case basis, to	1644
either accept or reject the application. The court may direct a	1645
testing authority to provide the court with information that the	1646
court may use in determining whether prior DNA test results were	1647
definitive or inconclusive and whether to accept or reject an	1648
application in relation to which there were prior inconclusive DNA	1649
test results.	1650

(B) If an eligible inmateoffender submits an application for	1651
DNA testing under section 2953.73 of the Revised Code, the court	1652
may accept the application only if one of the following applies:	1653

(1) The inmateoffender did not have a DNA test taken at the	1654
trial stage in the case in which the inmateoffender was convicted	1655
of the offense for which the inmateoffender is an eligible inmate	1656
offender and is requesting the DNA testing regarding the same	1657
biological evidence that the inmateoffender seeks to have tested,	1658
the inmateoffender shows that DNA exclusion when analyzed in the	1659
context of and upon consideration of all available admissible	1660
evidence related to the subject inmate'soffender's case as	1661
described in division (D) of this section would have been outcome	1662
determinative at that trial stage in that case, and, at the time	1663
of the trial stage in that case, DNA testing was not generally	1664
accepted, the results of DNA testing were not generally admissible	1665
in evidence, or DNA testing was not yet available.	1666

(2) The inmateoffender had a DNA test taken at the trial	1667
stage in the case in which the inmateoffender was convicted of	1668
the offense for which the inmateoffender is an eligible inmate	1669
offender and is requesting the DNA testing regarding the same	1670
biological evidence that the inmateoffender seeks to have	1671
tested, the test was not a prior definitive DNA test that is	1672
subject to division (A) of this section, and the inmateoffender	1673
shows that DNA exclusion when analyzed in the context of and upon	1674
consideration of all available admissible evidence related to the	1675
subject inmate'soffender's case as described in division (D) of	1676
this section would have been outcome determinative at the trial	1677
stage in that case.	1678

(C) If an eligible inmateoffender submits an application for	1679
DNA testing under section 2953.73 of the Revised Code, the court	1680
may accept the application only if all of the following apply:	1681

(1) The court determines pursuant to section 2953.75 of the	1682
Revised Code that biological material was collected from the crime	1683
scene or the victim of the offense for which the inmateoffender	1684
is an eligible inmateoffender and is requesting the DNA testing	1685
and that the parent sample of that biological material against	1686
which a sample from the inmateoffender can be compared still	1687
exists at that point in time.	1688

(2) The testing authority determines all of the following	1689
pursuant to section 2953.76 of the Revised Code regarding the	1690
parent sample of the biological material described in division	1691
(C)(1) of this section:	1692

(a) The parent sample of the biological material so collected	1693
contains scientifically sufficient material to extract a test	1694
sample.	1695

(b) The parent sample of the biological material so collected	1696
is not so minute or fragile as to risk destruction of the parent	1697
sample by the extraction described in division (C)(2)(a) of this	1698
section; provided that the court may determine in its discretion,	1699
on a case-by-case basis, that, even if the parent sample of the	1700
biological material so collected is so minute or fragile as to	1701
risk destruction of the parent sample by the extraction, the	1702
application should not be rejected solely on the basis of that	1703
risk.	1704

(c) The parent sample of the biological material so collected	1705
has not degraded or been contaminated to the extent that it has	1706
become scientifically unsuitable for testing, and the parent	1707
sample otherwise has been preserved, and remains, in a condition	1708
that is scientifically suitable for testing.	1709

(3) The court determines that, at the trial stage in the case	1710
in which the inmateoffender was convicted of the offense for	1711
which the inmateoffender is an eligible inmateoffender and is	1712
requesting the DNA testing, the identity of the person who	1713
committed the offense was an issue.	1714

(4) The court determines that one or more of the defense	1715
theories asserted by the inmateoffender at the trial stage in the	1716
case described in division (C)(3) of this section or in a retrial	1717
of that case in a court of this state was of such a nature that,	1718
if DNA testing is conducted and an exclusion result is obtained,	1719
the exclusion result will be outcome determinative.	1720

(5) The court determines that, if DNA testing is conducted	1721
and an exclusion result is obtained, the results of the testing	1722
will be outcome determinative regarding that inmateoffender.	1723

(6) The court determines pursuant to section 2953.76 of the	1724
Revised Code from the chain of custody of the parent sample of the	1725
biological material to be tested and of any test sample extracted	1726
from the parent sample, and from the totality of circumstances	1727
involved, that the parent sample and the extracted test sample are	1728
the same sample as collected and that there is no reason to	1729
believe that they have been out of state custody or have been	1730
tampered with or contaminated since they were collected.	1731

(D) If an eligible inmateoffender submits an application for	1732
DNA testing under section 2953.73 of the Revised Code, the court,	1733
in determining whether the "outcome determinative" criterion	1734
described in divisions (B)(1) and (2) of this section has been	1735
satisfied, shall consider all available admissible evidence	1736
related to the subject inmate'soffender's case.	1737

(E) If an eligible inmateoffender submits an application for	1738
DNA testing under section 2953.73 of the Revised Code and the	1739
court accepts the application, the eligible inmateoffender may	1740
request the court to order, or the court on its own initiative may	1741
order, the bureau of criminal identification and investigation to	1742
compare the results of DNA testing of biological material from an	1743
unidentified person other than the inmateoffender that was	1744
obtained from the crime scene or from a victim of the offense for	1745
which the inmateoffender has been approved for DNA testing to the	1746
combined DNA index system maintained by the federal bureau of	1747
investigation.	1748

If the bureau, upon comparing the test results to the	1749
combined DNA index system, determines the identity of the person	1750
who is the contributor of the biological material, the bureau	1751
shall provide that information to the court that accepted the	1752
application, the inmateoffender, and the prosecuting attorney.	1753
The inmateoffender or the state may use the information for any	1754
lawful purpose.	1755

If the bureau, upon comparing the test results to the	1756
combined DNA index system, is unable to determine the identity of	1757
the person who is the contributor of the biological material, the	1758
bureau may compare the test results to other previously obtained	1759
and acceptable DNA test results of any person whose identity is	1760
known other than the eligible inmateoffender. If the bureau, upon	1761
comparing the test results to the DNA test results of any person	1762
whose identity is known, determines that the person whose identity	1763
is known is the contributor of the biological material, the bureau	1764
shall provide that information to the court that accepted the	1765
application, the inmateoffender, and the prosecuting attorney.	1766
The inmateoffender or the state may use the information for any	1767
lawful purpose.	1768

Sec. 2953.75. (A) If an eligible inmateoffender submits an	1769
application for DNA testing under section 2953.73 of the Revised	1770
Code, the court shall require the prosecuting attorney to use	1771
reasonable diligence to determine whether biological material was	1772
collected from the crime scene or victim of the offense for which	1773
the inmateoffender is an eligible inmateoffender and is	1774
requesting the DNA testing against which a sample from the inmate	1775
offender can be compared and whether the parent sample of that	1776
biological material still exists at that point in time. In using	1777
reasonable diligence to make those determinations, the prosecuting	1778
attorney shall rely upon all relevant sources, including, but not	1779
limited to, all of the following:	1780

(1) All prosecuting authorities in the case in which the	1781
inmateoffender was convicted of the offense for which the inmate	1782
offender is an eligible inmateoffender and is requesting the DNA	1783
testing and in the appeals of, and postconviction proceedings	1784
related to, that case;	1785

(2) All law enforcement authorities involved in the	1786
investigation of the offense for which the inmateoffender is an	1787
eligible offender and is requesting the DNA testing;	1788

(3) All custodial agencies involved at any time with the	1789
biological material in question;	1790

(4) The custodian of all custodial agencies described in	1791
division (A)(3) of this section;	1792

(5) All crime laboratories involved at any time with the	1793
biological material in question;	1794

(6) All other reasonable sources.

1795

(B) The prosecuting attorney shall prepare a report that	1796
contains the prosecuting attorney's determinations made under	1797
division (A) of this section and shall file a copy of the report	1798
with the court and provide a copy to the eligible inmateoffender	1799
and the attorney general.	1800

Sec. 2953.76. If an eligible inmateoffender submits an	1801
application for DNA testing under section 2953.73 of the Revised	1802
Code, the court shall require the prosecuting attorney to consult	1803
with the testing authority and to prepare findings regarding the	1804
quantity and quality of the parent sample of the biological	1805
material collected from the crime scene or victim of the offense	1806
for which the inmateoffender is an eligible inmateoffender and	1807
is requesting the DNA testing and that is to be tested, and of the	1808
chain of custody and reliability regarding that parent sample, as	1809
follows:	1810

(A) The testing authority shall determine whether there is a	1811
scientifically sufficient quantity of the parent sample to test	1812
and whether the parent sample is so minute or fragile that there	1813
is a substantial risk that the parent sample could be destroyed in	1814
testing. The testing authority may determine that there is not a	1815
sufficient quantity to test in order to preserve the state's	1816
ability to present in the future the original evidence presented	1817
at trial, if another trial is required. Upon making its	1818
determination under this division, the testing authority shall	1819
prepare a written document that contains its determination and the	1820
reasoning and rationale for that determination and shall provide a	1821
copy to the court, the eligible inmateoffender, the prosecuting	1822
attorney, and the attorney general. The court may determine in its	1823
discretion, on a case-by-case basis, that, even if the parent	1824
sample of the biological material so collected is so minute or	1825
fragile as to risk destruction of the parent sample by the	1826
extraction, the application should not be rejected solely on the	1827
basis of that risk.	1828

(B) The testing authority shall determine whether the parent	1829
sample has degraded or been contaminated to the extent that it has	1830
become scientifically unsuitable for testing and whether the	1831
parent sample otherwise has been preserved, and remains, in a	1832
condition that is suitable for testing. Upon making its	1833
determination under this division, the testing authority shall	1834
prepare a written document that contains its determination and the	1835
reasoning and rationale for that determination and shall provide a	1836
copy to the court, the eligible inmateoffender, the prosecuting	1837
attorney, and the attorney general.	1838

(C) The court shall determine, from the chain of custody of	1839
the parent sample of the biological material to be tested and of	1840
any test sample extracted from the parent sample and from the	1841
totality of circumstances involved, whether the parent sample and	1842
the extracted test sample are the same sample as collected and	1843
whether there is any reason to believe that they have been out of	1844
state custody or have been tampered with or contaminated since	1845
they were collected. Upon making its determination under this	1846
division, the court shall prepare and retain a written document	1847
that contains its determination and the reasoning and rationale	1848
for that determination.	1849

Sec. 2953.77.  (A) If an eligible inmateoffender submits an	1850
application for DNA testing under section 2953.73 of the Revised	1851
Code and if the application is accepted and DNA testing is to be	1852
performed, the court shall require that the chain of custody	1853
remain intact and that all of the applicable following precautions	1854
are satisfied to ensure that the parent sample of the biological	1855
material collected from the crime scene or the victim of the	1856
offense for which the inmateoffender is an eligible inmate	1857
offender and requested the DNA testing, and the test sample of the	1858
parent sample that is extracted and actually is to be tested, are	1859
not contaminated during transport or the testing process:	1860

(1) The court shall require that the chain of custody be	1861
maintained and documented relative to the parent sample and the	1862
test sample actually to be tested between the time they are	1863
removed from their place of storage or the time of their	1864
extraction to the time at which the DNA testing will be performed.	1865

(2) The court, the testing authority, and the law enforcement	1866
and prosecutorial personnel involved in the process, or any	1867
combination of those entities and persons, shall coordinate the	1868
transport of the parent sample and the test sample actually to be	1869
tested between their place of storage and the place where the DNA	1870
testing will be performed, and the court and testing authority	1871
shall document the transport procedures so used.	1872

(3) The testing authority shall determine and document the	1873
custodian of the parent sample and the test sample actually to be	1874
tested after they are in the possession of the testing authority.	1875

(4) The testing authority shall maintain and preserve the	1876
parent sample and the test sample actually to be tested after they	1877
are in the possession of the testing authority and shall document	1878
the maintenance and preservation procedures used.	1879

(5) After the DNA testing, the court, the testing authority,	1880
and the original custodial agency of the parent sample, or any	1881
combination of those entities, shall coordinate the return of the	1882
remaining parent sample back to its place of storage with the	1883
original custodial agency or to any other place determined in	1884
accordance with this division and section 2953.81 of the Revised	1885
Code. The court shall determine, in consultation with the testing	1886
authority, the custodial agency to maintain any newly created,	1887
extracted, or collected DNA material resulting from the testing.	1888
The court and testing authority shall document the return	1889
procedures for original materials and for any newly created,	1890
extracted, or collected DNA material resulting from the testing,	1891
and also the custodial agency to which those materials should be	1892
taken.	1893

(B) A court or testing authority shall provide the	1894
documentation required under division (A) of this section in	1895
writing and shall maintain that documentation.	1896

Sec. 2953.78.  (A) If an eligible inmateoffender submits an	1897
application for DNA testing under section 2953.73 of the Revised	1898
Code and if the application is accepted and DNA testing is to be	1899
performed, the court shall select the testing authority to be used	1900
for the testing. A court shall not select or use a testing	1901
authority for DNA testing unless the attorney general approves or	1902
designates the testing authority pursuant to division (C) of this	1903
section and unless the testing authority satisfies the criteria	1904
set forth in section 2953.80 of the Revised Code.	1905

(B) If a court selects a testing authority pursuant to	1906
division (A) of this section and the eligible inmateoffender for	1907
whom the test is to be performed objects to the use of the	1908
selected testing authority, the court shall rescind its prior	1909
acceptance of the application for DNA testing for the inmate	1910
offender and deny the application. An objection as described in	1911
this division, and the resulting rescission and denial, do not	1912
preclude a court from accepting in the court's discretion, a	1913
subsequent application by the same eligible inmateoffender	1914
requesting DNA testing.	1915

(C) The attorney general shall approve or designate testing	1916
authorities that may be selected and used to conduct DNA testing,	1917
shall prepare a list of the approved or designated testing	1918
authorities, and shall provide copies of the list to all courts of	1919
common pleas. The attorney general shall update the list as	1920
appropriate to reflect changes in the approved or designated	1921
testing authorities and shall provide copies of the updated list	1922
to all courts of common pleas. The attorney general shall not	1923
approve or designate a testing authority under this division	1924
unless the testing authority satisfies the criteria set forth in	1925
section 2953.80 of the Revised Code. A testing authority that is	1926
equipped to handle advanced DNA testing may be approved or	1927
designated under this division, provided it satisfies the criteria	1928
set forth in that section.	1929

(D) The attorney general's approval or designation of testing	1930
authorities under division (C) of this section, and the selection	1931
and use of any approved or designated testing authority, do not	1932
afford an inmateoffender any right to subsequently challenge the	1933
approval, designation, selection, or use, and an inmateoffender	1934
may not appeal to any court the approval, designation, selection,	1935
or use of a testing authority.	1936

Sec. 2953.79.  (A) If an eligible inmateoffender submits an	1937
application for DNA testing under section 2953.73 of the Revised	1938
Code and if the application is accepted and DNA testing is to be	1939
performed, a sample of biological material shall be obtained from	1940
the inmateoffender in accordance with this section, to be	1941
compared with the parent sample of biological material collected	1942
from the crime scene or the victim of the offense for which the	1943
inmateoffender is an eligible inmateoffender and requested the	1944
DNA testing. The inmate'soffender's filing of the application	1945
constitutes the inmate'soffender's consent to the obtaining of	1946
the sample of biological material from the inmateoffender. The	1947
testing authority shall obtain the sample of biological material	1948
from the inmateoffender in accordance with medically accepted	1949
procedures.	1950

(B) If DNA testing is to be performed for an inmateoffender	1951
as described in division (A) of this section, the court shall	1952
require the state to coordinate with the department of	1953
rehabilitation and correction or the other state agency or entity	1954
of local government with custody of the offender, whichever is	1955
applicable, as to the time and place at which the sample of	1956
biological material will be obtained from the inmateoffender. The	1957
If the offender is in prison or is in custody in another facility	1958
at the time the DNA testing is to be performed, the sample of	1959
biological material shall be obtained from the inmateoffender at	1960
the facility in which the inmateoffender is housed, and the	1961
department of rehabilitation and correction or the other state	1962
agency or entity of local government with custody of the offender,	1963
whichever is applicable, shall make the inmateoffender available	1964
at the specified time. The court shall require the state to	1965
provide notice to the inmateoffender and to the inmate's	1966
offender's counsel of the date on which, and the time and place at	1967
which, the sample will be so obtained.	1968

The court also shall require the state to coordinate with the	1969
testing authority regarding the obtaining of the sample from the	1970
inmateoffender.	1971

(C)(1) If DNA testing is to be performed for an inmate	1972
offender as described in division (A) of this section, and the	1973
inmateoffender refuses to submit to the collection of the sample	1974
of biological material from the inmateoffender or hinders the	1975
state from obtaining a sample of biological material from the	1976
inmateoffender, the court shall rescind its prior acceptance of	1977
the application for DNA testing for the inmateoffender and deny	1978
the application.	1979

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

1980

(a) An inmate'soffender's "refusal to submit to the	1981
collection of a sample of biological material from the inmate	1982
offender" includes, but is not limited to, the inmate'soffender's	1983
rejection of the physical manner in which a sample of the inmate's	1984
offender's biological material is to be taken.	1985

(b) An inmate'soffender's "hindrance of the state in	1986
obtaining a sample of biological material from the inmate	1987
offender" includes, but is not limited to, the inmateoffender	1988
being physically or verbally uncooperative or antagonistic in the	1989
taking of a sample of the inmate'soffender's biological material.	1990

(D) The extracting personnel shall make the determination as	1991
to whether an eligible inmateoffender for whom DNA testing is to	1992
be performed is refusing to submit to the collection of a sample	1993
of biological material from the inmateoffender or is hindering	1994
the state from obtaining a sample of biological material from the	1995
inmateoffender at the time and date of the scheduled collection	1996
of the sample. If the extracting personnel determine that an	1997
inmateoffender is refusing to submit to the collection of a	1998
sample or is hindering the state from obtaining a sample, the	1999
extracting personnel shall document in writing the conditions that	2000
constitute the refusal or hindrance, maintain the documentation,	2001
and notify the court of the inmate'soffender's refusal or	2002
hindrance.	2003

Sec. 2953.81. If an eligible offender submits an application	2004
for DNA testing under section 2953.73 of the Revised Code and if	2005
DNA testing is performed based on that application, upon	2006
completion of the testing, all of the following apply:	2007

(A) The court or a designee of the court shall require the	2008
state to maintain the results of the testing and to maintain and	2009
preserve both the parent sample of the biological material used	2010
and the inmateoffender sample of the biological material used.	2011
The testing authority may be designated as the person to maintain	2012
the results of the testing or to maintain and preserve some or all	2013
of the samples, or both. The results of the testing remain state's	2014
evidence. The samples shall be preserved during the entire period	2015
of time for which the inmateoffender is imprisoned or confined	2016
relative to the prison term or sentence of death in question and,	2017
if that prison term expires or the inmate is executed under that	2018
sentence of death, is on parole or probation relative to that	2019
sentence, is under post-release control or a community control	2020
sanction relative to that sentence, or has a duty to comply with	2021
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	2022
Code relative to that sentence. Additionally, if the prison term	2023
or confinement under the sentence in question expires, if the	2024
sentence in question is a sentence of death and the offender is	2025
executed, or if the parole or probation period, the period of	2026
post-release control, the community control sanction, or the duty	2027
to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of	2028
the Revised Code under the sentence in question ends, the samples	2029
shall be preserved for a reasonable period of time of not less	2030
than twenty-four months after the term or confinement expires or,	2031
the inmateoffender is executed, or the parole or probation	2032
period, the period of post-release control, the community control	2033
sanction, or the duty to comply with sections 2950.04, 2950.041,	2034
2950.05, and 2950.06 of the Revised Code ends, whichever is	2035
applicable. The court shall determine the period of time that is	2036
reasonable for purposes of this division, provided that the period	2037
shall not be less than twenty-four months after the term or	2038
confinement expires or, the inmateoffender is executed, or the	2039
parole or probation period, the period of post-release control,	2040
the community control sanction, or the duty to comply with	2041
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	2042
Code ends, whichever is applicable.	2043

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

2044

(C) The court or the testing authority shall provide a copy	2045
of the results of the testing to the prosecuting attorney, the	2046
attorney general, and the subject inmateoffender.	2047

(D) If the postconviction proceeding in question is pending	2048
at that time in a court of this state, the court of common pleas	2049
that decided the DNA application or the testing authority shall	2050
provide a copy of the results of the testing to any court of this	2051
state, and, if it is pending in a federal court, the court of	2052
common pleas that decided the DNA application or the testing	2053
authority shall provide a copy of the results of the testing to	2054
that federal court.	2055

(E) The testing authority shall provide a copy of the results	2056
of the testing to the court of common pleas that decided the DNA	2057
application.	2058

(F) The inmateoffender or the state may enter the results of	2059
the testing into any proceeding.	2060

Sec. 2953.83.  In any court proceeding under sections 2953.71	2061
to 2953.822953.81 of the Revised Code, the Rules of Criminal	2062
Procedure apply, except to the extent that sections 2953.71 to	2063
2953.822953.81 of the Revised Code provide a different procedure	2064
or to the extent that the Rules would by their nature be clearly	2065
inapplicable.	2066

Sec. 2953.84.  The provisions of sections 2953.71 to 2953.82	2067
2953.81 of the Revised Code by which an inmateoffender may	2068
obtain postconviction DNA testing are not the exclusive means by	2069
which an inmateoffender may obtain postconviction DNA testing,	2070
and the provisions of those sections do not limit or affect any	2071
other means by which an inmateoffender may obtain postconviction	2072
DNA testing.	2073

Section 2. That existing sections 109.573, 2901.07, 2953.21,	2074
2953.23, 2953.71, 2953.72, 2953.73, 2953.74, 2953.75, 2953.76,	2075
2953.77, 2953.78, 2953.79, 2953.81, 2953.83, and 2953.84 and	2076
section 2953.82 of the Revised Code are hereby repealed.	2077

Section 3. (A) The General Assembly acknowledges the Supreme	2078
Court's authority in prescribing rules governing practice and	2079
procedure in the courts of this state as provided in Section 5 of	2080
Article IV of the Ohio Constitution.	2081

(B) The General Assembly hereby requests the Supreme Court to	2082
adopt rules prescribing specific procedures to be followed for the	2083
administration by law enforcement agencies and criminal justice	2084
entities in this state of photo lineups, live lineups, and	2085
showups. The General Assembly also requests that any rules adopted	2086
by the Supreme Court be consistent with the requirements of	2087
divisions (B) and (C) of section 2933.83 of the Revised Code. If	2088
the Supreme Court adopts rules of the type described in this	2089
division, on and after the date on which the rules take effect,	2090
law enforcement agencies and criminal justice entities in this	2091
state shall comply with the rules in conducting live lineups,	2092
photo lineups, and showups.	2093

(C) The General Assembly hereby requests the Supreme Court to	2094
adopt rules prescribing a cautionary jury charge about eyewitness	2095
identification procedures and the accuracy of eyewitness	2096
identification. If the Supreme Court adopts rules of the type	2097
described in this division, on and after the effective date on	2098
which the rules take effect, the jury charge shall be used in the	2099
courts of this state in the manner specified by the Supreme Court	2100
in the rules.	2101