As Reported by the House Criminal Justice Committee

128th General Assembly Regular Session 2009-2010

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 

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A BILL

To amend sections 109.573, 2901.07, 2953.21, 2953.23,

1

2953.31, 2953.32, 2953.321, 2953.35, 2953.51,

2

2953.54, 2953.55, 2953.71, 2953.72, 2953.73,

3

2953.74, 2953.75, 2953.76, 2953.77, 2953.78,

4

2953.79, 2953.81, 2953.83, and 2953.84, to enact

5

sections 109.561, 2933.81, 2933.82, 2933.83,

6

2953.56, 2953.57, 2953.58, 2953.59, and 2953.60,

7

and to repeal section 2953.82 of the Revised Code

8

relative to the expansion of DNA testing for

9

certain convicted felons, the elimination of the

10

DNA testing mechanism for felons who pleaded

11

guilty or no contest to the offense, the

12

collection of DNA specimens from all persons

13

eighteen years of age or older who are arrested

14

for a felony offense, the sealing of the official

15

records of persons who have their convictions

16

vacated and set aside due to DNA testing, the

17

preservation and accessibility of biological

18

evidence in a criminal or delinquency

19

investigation or proceeding, the improvement of

20

eyewitness identification procedures, the

21

electronic recording of custodial interrogations,

22

and to provide that DNA records collected in the

23

DNA database and fingerprints filed for record

24

cannot be sealed unless certain circumstances

25

apply.

26

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

Section 1. That sections 109.573, 2901.07, 2953.21, 2953.23,	27
2953.31, 2953.32, 2953.321, 2953.35, 2953.51, 2953.54, 2953.55,	28
2953.71, 2953.72, 2953.73, 2953.74, 2953.75, 2953.76, 2953.77,	29
2953.78, 2953.79, 2953.81, 2953.83, and 2953.84 be amended and	30
sections 109.561, 2933.81, 2933.82, 2933.83, 2953.56, 2953.57,	31
2953.58, 2953.59, and 2953.60 of the Revised Code be enacted to	32
read as follows:	33

Sec. 109.561.  There is hereby established within the bureau	34
of criminal identification and investigation a preservation of	35
biological evidence task force. The task force shall consist of	36
officers and employees of the bureau; a representative from the	37
Ohio prosecutors association; a representative from the Ohio state	38
coroners association; a representative from the Ohio association	39
of chiefs of police; a representative from the Ohio public	40
defenders office, in consultation with the Ohio innocence project;	41
and a representative from the buckeye state sheriffs association.	42
The task force shall perform the duties and functions specified in	43
division (C) of section 2933.82 of the Revised Code.	44

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

45

(1) "DNA" means human deoxyribonucleic acid.

46

(2) "DNA analysis" means a laboratory analysis of a DNA	47
specimen to identify DNA characteristics and to create a DNA	48
record.	49

(3) "DNA database" means a collection of DNA records from	50
forensic casework or from crime scenes, specimens from anonymous	51
and unidentified sources, and records collected pursuant to	52
sections 2152.74 and 2901.07 of the Revised Code and a population	53
statistics database for determining the frequency of occurrence of	54
characteristics in DNA records.	55

(4) "DNA record" means the objective result of a DNA analysis	56
of a DNA specimen, including representations of DNA fragment	57
lengths, digital images of autoradiographs, discrete allele	58
assignment numbers, and other DNA specimen characteristics that	59
aid in establishing the identity of an individual.	60

(5) "DNA specimen" includes human blood cells or	61
physiological tissues or body fluids.	62

(6) "Unidentified person database" means a collection of DNA	63
records, and, on and after May 21, 1998, of fingerprint and	64
photograph records, of unidentified human corpses, human remains,	65
or living individuals.	66

(7) "Relatives of missing persons database" means a	67
collection of DNA records of persons related by consanguinity to a	68
missing person.	69

(8) "Law enforcement agency" means a police department, the	70
office of a sheriff, the state highway patrol, a county	71
prosecuting attorney, or a federal, state, or local governmental	72
body that enforces criminal laws and that has employees who have a	73
statutory power of arrest.	74

(9) "Administration of criminal justice" means the	75
performance of detection, apprehension, detention, pretrial	76
release, post-trial release, prosecution, adjudication,	77
correctional supervision, or rehabilitation of accused persons or	78
criminal offenders. "Administration of criminal justice" also	79
includes criminal identification activities and the collection,	80
storage, and dissemination of criminal history record information.	81

(B)(1) The superintendent of the bureau of criminal	82
identification and investigation may do all of the following:	83

(a) Establish and maintain a state DNA laboratory to perform	84
DNA analyses of DNA specimens;	85

(b) Establish and maintain a DNA database;

86

(c) Establish and maintain an unidentified person database to	87
aid in the establishment of the identity of unknown human corpses,	88
human remains, or living individuals;	89

(d) Establish and maintain a relatives of missing persons	90
database for comparison with the unidentified person database to	91
aid in the establishment of the identity of unknown human corpses,	92
human remains, and living individuals.	93

(2) If the bureau of criminal identification and	94
investigation establishes and maintains a DNA laboratory and a DNA	95
database, the bureau may use or disclose information regarding DNA	96
records for the following purposes:	97

(a) The bureau may disclose information to a law enforcement	98
agency for the administration of criminal justice.	99

(b) The bureau shall disclose pursuant to a court order	100
issued under section 3111.09 of the Revised Code any information	101
necessary to determine the existence of a parent and child	102
relationship in an action brought under sections 3111.01 to	103
3111.18 of the Revised Code.	104

(c) The bureau may use or disclose information from the	105
population statistics database, for identification research and	106
protocol development, or for quality control purposes.	107

(3) If the bureau of criminal identification and	108
investigation establishes and maintains a relatives of missing	109
persons database, all of the following apply:	110

(a) If a person has disappeared and has been continuously	111
absent from the person's place of last domicile for a thirty-day	112
or longer period of time without being heard from during the	113
period, persons related by consanguinity to the missing person may	114
submit to the bureau a DNA specimen, the bureau may include the	115
DNA record of the specimen in the relatives of missing persons	116
database, and, if the bureau does not include the DNA record of	117
the specimen in the relatives of missing persons database, the	118
bureau shall retain the DNA record for future reference and	119
inclusion as appropriate in that database.	120

(b) The bureau shall not charge a fee for the submission of a	121
DNA specimen pursuant to division (B)(3)(a) of this section.	122

(c) If the DNA specimen submitted pursuant to division	123
(B)(3)(a) of this section is collected by withdrawing blood from	124
the person or a similarly invasive procedure, a physician,	125
registered nurse, licensed practical nurse, duly licensed clinical	126
laboratory technician, or other qualified medical practitioner	127
shall conduct the collection procedure for the DNA specimen	128
submitted pursuant to division (B)(3)(a) of this section and shall	129
collect the DNA specimen in a medically approved manner. If the	130
DNA specimen is collected by swabbing for buccal cells or a	131
similarly noninvasive procedure, division (B)(3)(c) of this	132
section does not require that the DNA specimen be collected by a	133
qualified medical practitioner of that nature. No later than	134
fifteen days after the date of the collection of the DNA specimen,	135
the person conducting the DNA specimen collection procedure shall	136
cause the DNA specimen to be forwarded to the bureau of criminal	137
identification and investigation in accordance with procedures	138
established by the superintendent of the bureau under division (H)	139
of this section. The bureau may provide the specimen vials,	140
mailing tubes, labels, postage, and instruction needed for the	141
collection and forwarding of the DNA specimen to the bureau.	142

(d) The superintendent, in the superintendent's discretion,	143
may compare DNA records in the relatives of missing persons	144
database with the DNA records in the unidentified person database.	145

(4) If the bureau of criminal identification and	146
investigation establishes and maintains an unidentified person	147
database and if the superintendent of the bureau identifies a	148
matching DNA record for the DNA record of a person or deceased	149
person whose DNA record is contained in the unidentified person	150
database, the superintendent shall inform the coroner who	151
submitted or the law enforcement agency that submitted the DNA	152
specimen to the bureau of the match and, if possible, of the	153
identity of the unidentified person.	154

(5) The bureau of criminal identification and investigation	155
may enter into a contract with a qualified public or private	156
laboratory to perform DNA analyses, DNA specimen maintenance,	157
preservation, and storage, DNA record keeping, and other duties	158
required of the bureau under this section. A public or private	159
laboratory under contract with the bureau shall follow quality	160
assurance and privacy requirements established by the	161
superintendent of the bureau.	162

(C) The superintendent of the bureau of criminal	163
identification and investigation shall establish procedures for	164
entering into the DNA database the DNA records submitted pursuant	165
to sections 2152.74 and 2901.07 of the Revised Code and for	166
determining an order of priority for entry of the DNA records	167
based on the types of offenses committed by the persons whose	168
records are submitted and the available resources of the bureau.	169

(D) When a DNA record is derived from a DNA specimen provided	170
pursuant to section 2152.74 or 2901.07 of the Revised Code, the	171
bureau of criminal identification and investigation shall attach	172
to the DNA record personal identification information that	173
identifies the person from whom the DNA specimen was taken. The	174
personal identification information may include the subject	175
person's fingerprints and any other information the bureau	176
determines necessary. The DNA record and personal identification	177
information attached to it shall be used only for the purpose of	178
personal identification or for a purpose specified in this	179
section.	180

(E) DNA records, DNA specimens, fingerprints, and photographs	181
that the bureau of criminal identification and investigation	182
receives pursuant to this section and sections 313.08, 2152.74,	183
and 2901.07 of the Revised Code and personal identification	184
information attached to a DNA record are not public records under	185
section 149.43 of the Revised Code.	186

(F) The bureau of criminal identification and investigation	187
may charge a reasonable fee for providing information pursuant to	188
this section to any law enforcement agency located in another	189
state.	190

(G)(1) No person who because of the person's employment or	191
official position has access to a DNA specimen, a DNA record, or	192
other information contained in the DNA database that identifies an	193
individual shall knowingly disclose that specimen, record, or	194
information to any person or agency not entitled to receive it or	195
otherwise shall misuse that specimen, record, or information.	196

(2) No person without authorization or privilege to obtain	197
information contained in the DNA database that identifies an	198
individual person shall purposely obtain that information.	199

(H) The superintendent of the bureau of criminal	200
identification and investigation shall establish procedures for	201
all of the following:	202

(1) The forwarding to the bureau of DNA specimens collected	203
pursuant to division (H) of this section and sections 313.08,	204
2152.74, and 2901.07 of the Revised Code and of fingerprints and	205
photographs collected pursuant to section 313.08 of the Revised	206
Code;	207

(2) The collection, maintenance, preservation, and analysis	208
of DNA specimens;	209

(3) The creation, maintenance, and operation of the DNA	210
database;	211

(4) The use and dissemination of information from the DNA	212
database;	213

(5) The creation, maintenance, and operation of the	214
unidentified person database;	215

(6) The use and dissemination of information from the	216
unidentified person database;	217

(7) The creation, maintenance, and operation of the relatives	218
of missing persons database;	219

(8) The use and dissemination of information from the	220
relatives of missing persons database;	221

(9) The verification of entities requesting DNA records and	222
other DNA information from the bureau and the authority of the	223
entity to receive the information;	224

(10) The operation of the bureau and responsibilities of	225
employees of the bureau with respect to the activities described	226
in this section.	227

(I) In conducting DNA analyses of DNA specimens, the state	228
DNA laboratory and any laboratory with which the bureau has	229
entered into a contract pursuant to division (B)(5) of this	230
section shall give DNA analyses of DNA specimens that relate to	231
ongoing criminal investigations or prosecutions priority over DNA	232
analyses of DNA specimens that relate to applications made	233
pursuant to section 2953.73 or 2953.82 of the Revised Code.	234

(J) The attorney general may develop procedures for entering	235
into the national DNA index system the DNA records submitted	236
pursuant to division (B)(1) of section 2901.07 of the Revised	237
Code.	238

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

239

(1) "DNA analysis" and "DNA specimen" have the same meanings	240
as in section 109.573 of the Revised Code.	241

(2) "Jail" and "community-based correctional facility" have	242
the same meanings as in section 2929.01 of the Revised Code.	243

(3) "Post-release control" has the same meaning as in section	244
2967.01 of the Revised Code.	245

(4) "Head of the arresting law enforcement agency" means	246
whichever of the following is applicable regarding the arrest in	247
question:	248

(a) If the arrest was made by a sheriff or a deputy sheriff,	249
the sheriff who made the arrest or who employs the deputy sheriff	250
who made the arrest;	251

(b) If the arrest was made by a law enforcement officer of a	252
law enforcement agency of a municipal corporation, the chief of	253
police, marshal, or other chief law enforcement officer of the	254
agency that employs the officer who made the arrest;	255

(c) If the arrest was made by a constable or a law	256
enforcement officer of a township police department or police	257
district police force, the constable who made the arrest or the	258
chief law enforcement officer of the department or agency that	259
employs the officer who made the arrest;	260

(d) If the arrest was made by the superintendent or a trooper	261
of the state highway patrol, the superintendent of the state	262
highway patrol;	263

(e) If the arrest was made by a law enforcement officer not	264
identified in division (A)(4)(a), (b), (c), or (d) of this	265
section, the chief law enforcement officer of the law enforcement	266
agency that employs the officer who made the arrest.	267

(B)(1) On and after July 1, 2011, a person who is eighteen	268
years of age or older and who is arrested on or after July 1,	269
2011, for a felony offense shall submit to a DNA specimen	270
collection procedure administered by the head of the arresting law	271
enforcement agency. The head of the arresting law enforcement	272
agency shall cause the DNA specimen to be collected from the	273
person during the intake process at the jail, community-based	274
correctional facility, detention facility, or law enforcement	275
agency office or station to which the arrested person is taken	276
after the arrest. The head of the arresting law enforcement agency	277
shall cause the DNA specimen to be collected in accordance with	278
division (C) of this section.	279

(2) Regardless of when the conviction occurred or the guilty	280
plea was entered, a person who has been convicted of, is convicted	281
of, has pleaded guilty to, or pleads guilty to a felony offense	282
and, who is sentenced to a prison term or to a community	283
residential sanction in a jail or community-based correctional	284
facility for that offense pursuant to section 2929.16 of the	285
Revised Code, and who does not provide a DNA specimen pursuant to	286
division (B)(1) of this section, and a person who has been	287
convicted of, is convicted of, has pleaded guilty to, or pleads	288
guilty to a misdemeanor offense listed in division (D) of this	289
section and, who is sentenced to a term of imprisonment for that	290
offense, and who does not provide a DNA specimen pursuant to	291
division (B)(1) of this section, shall submit to a DNA specimen	292
collection procedure administered by the director of	293
rehabilitation and correction or the chief administrative officer	294
of the jail or other detention facility in which the person is	295
serving the term of imprisonment. If the person serves the prison	296
term in a state correctional institution, the director of	297
rehabilitation and correction shall cause the DNA specimen to be	298
collected from the person during the intake process at the	299
reception facility designated by the director. If the person	300
serves the community residential sanction or term of imprisonment	301
in a jail, a community-based correctional facility, or another	302
county, multicounty, municipal, municipal-county, or	303
multicounty-municipal detention facility, the chief administrative	304
officer of the jail, community-based correctional facility, or	305
detention facility shall cause the DNA specimen to be collected	306
from the person during the intake process at the jail,	307
community-based correctional facility, or detention facility. The	308
DNA specimen shall be collected in accordance with division (C) of	309
this section.	310

(2)(3) Regardless of when the conviction occurred or the	311
guilty plea was entered, if a person has been convicted of, is	312
convicted of, has pleaded guilty to, or pleads guilty to a felony	313
offense or a misdemeanor offense listed in division (D) of this	314
section, is serving a prison term, community residential sanction,	315
or term of imprisonment for that offense, and does not provide a	316
DNA specimen pursuant to division (B)(1) or (2) of this section,	317
prior to the person's release from the prison term, community	318
residential sanction, or imprisonment, the person shall submit to,	319
and the director of rehabilitation and correction or the chief	320
administrative officer of the jail, community-based correctional	321
facility, or detention facility in which the person is serving the	322
prison term, community residential sanction, or term of	323
imprisonment shall administer, a DNA specimen collection procedure	324
at the state correctional institution, jail, community-based	325
correctional facility, or detention facility in which the person	326
is serving the prison term, community residential sanction, or	327
term of imprisonment. The DNA specimen shall be collected in	328
accordance with division (C) of this section.	329

(3)(4)(a) Regardless of when the conviction occurred or the	330
guilty plea was entered, if a person has been convicted of, is	331
convicted of, has pleaded guilty to, or pleads guilty to a felony	332
offense or a misdemeanor offense listed in division (D) of this	333
section and the person is on probation, released on parole, under	334
transitional control, on community control, on post-release	335
control, or under any other type of supervised release under the	336
supervision of a probation department or the adult parole	337
authority for that offense, and did not provide a DNA specimen	338
pursuant to division (B)(1), (2), or (3) of this section, the	339
person shall submit to a DNA specimen collection procedure	340
administered by the chief administrative officer of the probation	341
department or the adult parole authority. The DNA specimen shall	342
be collected in accordance with division (C) of this section. If	343
the person refuses to submit to a DNA specimen collection	344
procedure as provided in this division, the person may be subject	345
to the provisions of section 2967.15 of the Revised Code.	346

(b) If a person to whom division (B)(3)(4)(a) of this section	347
applies is sent to jail or is returned to a jail, community-based	348
correctional facility, or state correctional institution for a	349
violation of the terms and conditions of the probation, parole,	350
transitional control, other release, or post-release control, if	351
the person was or will be serving a term of imprisonment, prison	352
term, or community residential sanction for committing a felony	353
offense or for committing a misdemeanor offense listed in division	354
(D) of this section, and if the person did not provide a DNA	355
specimen pursuant to division (B)(1), (2), (3), or (3)(4)(a) of	356
this section, the person shall submit to, and the director of	357
rehabilitation and correction or the chief administrative officer	358
of the jail or community-based correctional facility shall	359
administer, a DNA specimen collection procedure at the jail,	360
community-based correctional facility, or state correctional	361
institution in which the person is serving the term of	362
imprisonment, prison term, or community residential sanction. The	363
DNA specimen shall be collected from the person in accordance with	364
division (C) of this section.	365

(4)(5) Regardless of when the conviction occurred or the	366
guilty plea was entered, if a person has been convicted of, is	367
convicted of, has pleaded guilty to, or pleads guilty to a felony	368
offense or a misdemeanor offense listed in division (D) of this	369
section, the person is not sentenced to a prison term, a community	370
residential sanction in a jail or community-based correctional	371
facility, a term of imprisonment, or any type of supervised	372
release under the supervision of a probation department or the	373
adult parole authority, and the person does not provide a DNA	374
specimen pursuant to division (B)(1), (2), (3), (4)(a), or	375
(3)(4)(b) of this section, the sentencing court shall order the	376
person to report to the county probation department immediately	377
after sentencing to submit to a DNA specimen collection procedure	378
administered by the chief administrative officer of the county	379
probation office. If the person is incarcerated at the time of	380
sentencing, the person shall submit to a DNA specimen collection	381
procedure administered by the director of rehabilitation and	382
correction or the chief administrative officer of the jail or	383
other detention facility in which the person is incarcerated. The	384
DNA specimen shall be collected in accordance with division (C) of	385
this section.	386

(C) If the DNA specimen is collected by withdrawing blood	387
from the person or a similarly invasive procedure, a physician,	388
registered nurse, licensed practical nurse, duly licensed clinical	389
laboratory technician, or other qualified medical practitioner	390
shall collect in a medically approved manner the DNA specimen	391
required to be collected pursuant to division (B) of this section.	392
If the DNA specimen is collected by swabbing for buccal cells or a	393
similarly noninvasive procedure, this section does not require	394
that the DNA specimen be collected by a qualified medical	395
practitioner of that nature. No later than fifteen days after the	396
date of the collection of the DNA specimen, the head of the	397
arresting law enforcement agency regarding a DNA specimen taken	398
pursuant to division (B)(1) of this section, the director of	399
rehabilitation and correction or the chief administrative officer	400
of the jail, community-based correctional facility, or other	401
county, multicounty, municipal, municipal-county, or	402
multicounty-municipal detention facility, in which the person is	403
serving the prison term, community residential sanction, or term	404
of imprisonment regarding a DNA specimen taken pursuant to	405
division (B)(2), (3), or (4)(b) of this section, the chief	406
administrative officer of the probation department or the adult	407
parole authority regarding a DNA specimen taken pursuant to	408
division (B)(4)(a) of this section, or the chief administrative	409
officer of the county probation office, the director of	410
rehabilitation and correction, or the chief administrative officer	411
of the jail or other detention facility in which the person is	412
incarcerated regarding a DNA specimen taken pursuant to division	413
(B)(5) of this section, whichever is applicable, shall cause the	414
DNA specimen to be forwarded to the bureau of criminal	415
identification and investigation in accordance with procedures	416
established by the superintendent of the bureau under division (H)	417
of section 109.573 of the Revised Code. The bureau shall provide	418
the specimen vials, mailing tubes, labels, postage, and	419
instructions needed for the collection and forwarding of the DNA	420
specimen to the bureau.	421

(D) The director of rehabilitation and correction, the chief	422
administrative officer of the jail, community-based correctional	423
facility, or other county, multicounty, municipal,	424
municipal-county, or multicounty-municipal detention facility, or	425
the chief administrative officer of a county probation department	426
or the adult parole authority shall cause a DNA specimen to be	427
collected in accordance with divisions (B) and (C) of this section	428
from a person in its custody or under its supervisionDNA specimen	429
collection duty set forth in division (B)(1) of this section	430
applies to any person who is eighteen years of age or older and	431
who is arrested on or after July 1, 2011, for any felony offense.	432
The DNA specimen collection duties set forth in divisions (B)(2),	433
(3), (4)(a), (4)(b), and (5) of this section apply to any person	434
who has been convicted of, is convicted of, has pleaded guilty to,	435
or pleads guilty to any felony offense or any of the following	436
misdemeanor offenses:	437

(1) A misdemeanor violation, an attempt to commit a	438
misdemeanor violation, or complicity in committing a misdemeanor	439
violation of section 2907.04 of the Revised Code;	440

(2) A misdemeanor violation of any law that arose out of the	441
same facts and circumstances and same act as did a charge against	442
the person of a violation of section 2903.01, 2903.02, 2905.01,	443
2907.02, 2907.03, 2907.04, 2907.05, or 2911.11 of the Revised Code	444
that previously was dismissed or amended or as did a charge	445
against the person of a violation of section 2907.12 of the	446
Revised Code as it existed prior to September 3, 1996, that	447
previously was dismissed or amended;	448

(3) A misdemeanor violation of section 2919.23 of the Revised	449
Code that would have been a violation of section 2905.04 of the	450
Revised Code as it existed prior to July 1, 1996, had it been	451
committed prior to that date;	452

(4) A sexually oriented offense or a child-victim oriented	453
offense, both as defined in section 2950.01 of the Revised Code,	454
that is a misdemeanor, if, in relation to that offense, the	455
offender is a tier III sex offender/child-victim offender, as	456
defined in section 2950.01 of the Revised Code.	457

(E) The director of rehabilitation and correction may	458
prescribe rules in accordance with Chapter 119. of the Revised	459
Code to collect a DNA specimen, as provided in this section, from	460
an offender whose supervision is transferred from another state to	461
this state in accordance with the interstate compact for adult	462
offender supervision described in section 5149.21 of the Revised	463
Code.	464

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

465

(1) "Custodial interrogation" means any interrogation	466
involving a law enforcement officer's questioning that is	467
reasonably likely to elicit incriminating responses and in which a	468
reasonable person in the subject's position would consider self to	469
be in custody, beginning when a person should have been advised of	470
the person's right to counsel and right to remain silent and of	471
the fact that anything the person says could be used against the	472
person, as specified by the United States supreme court in Miranda	473
v. Arizona (1966), 384 U.S. 436, and subsequent decisions, and	474
ending when the questioning has completely finished.	475

(2) "Detention facility" has the same meaning as in section	476
2921.01 of the Revised Code.	477

(3) "Electronic recording" or "electronically recorded" means	478
an audio and visual recording that is an authentic, accurate,	479
unaltered record of a custodial interrogation.	480

(4) "Law enforcement agency" has the same meaning as in	481
section 109.573 of the Revised Code.	482

(5) "Law enforcement vehicle" means a vehicle primarily used	483
by a law enforcement agency or by an employee of a law enforcement	484
agency for official law enforcement purposes.	485

(6) "Local correctional facility" has the same meaning as in	486
section 2903.13 of the Revised Code.	487

(7) "Place of detention" means a jail, police or sheriff's	488
station, holding cell, state correctional institution, local	489
correctional facility, detention facility, or department of youth	490
services facility. "Place of detention" does not include a law	491
enforcement vehicle.	492

(8) "State correctional institution" has the same meaning as	493
in section 2967.01 of the Revised Code.	494

(9) "Statement" means an oral, written, sign language, or	495
nonverbal communication.	496

(B) All statements made by a person who is the suspect of a	497
violation of or possible violation of section 2903.01, 2903.02, or	498
2903.03, a violation of section 2903.04 or 2903.06 that is a	499
felony of the first or second degree, a violation of section	500
2907.02 or 2907.03, or an attempt to commit a violation of section	501
2907.02 of the Revised Code during a custodial interrogation in a	502
place of detention are presumed to be voluntary if the statements	503
made by the person are electronically recorded. The person making	504
the statements during the electronic recording of the custodial	505
interrogation has the burden of proving that the statements made	506
during the custodial interrogation were not voluntary. There shall	507
be no penalty against the law enforcement agency that employs a	508
law enforcement officer if the law enforcement officer fails to	509
electronically record as required by this division a custodial	510
interrogation. A law enforcement officer's failure to	511
electronically record a custodial interrogation does not create a	512
private cause of action against that law enforcement officer.	513

(C) A failure to electronically record a statement as	514
required by this section shall not provide the basis to exclude or	515
suppress the statement in any criminal proceeding, delinquent	516
child proceeding, or other legal proceeding.	517

(D)(1) Law enforcement personnel shall clearly identify and	518
catalog every electronic recording of a custodial interrogation	519
that is recorded pursuant to this section.	520

(2) If a criminal or delinquent child proceeding is brought	521
against a person who was the subject of a custodial interrogation	522
that was electronically recorded, law enforcement personnel shall	523
preserve the recording until the later of when all appeals,	524
post-conviction relief proceedings, and habeas corpus proceedings	525
are final and concluded or the expiration of the period of time	526
within which such appeals and proceedings must be brought.	527

(3) Upon motion by the defendant in a criminal proceeding or	528
the alleged delinquent child in a delinquent child proceeding, the	529
court may order that a copy of an electronic recording of a	530
custodial interrogation of the person be preserved for any period	531
beyond the expiration of all appeals, post-conviction relief	532
proceedings, and habeas corpus proceedings.	533

(4) If no criminal or delinquent child proceeding is brought	534
against a person who was the subject of a custodial interrogation	535
that was electronically recorded pursuant to this section, law	536
enforcement personnel are not required to preserve the related	537
recording.	538

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

539

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

540

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

541

(ii) Any item that contains blood, semen, hair, saliva, skin	542
tissue, fingernail scrapings, bone, bodily fluids, or any other	543
identifiable biological material that was collected as part of a	544
criminal investigation or delinquent child investigation and that	545
reasonably may be used to incriminate or exculpate any person for	546
an offense or delinquent act.	547

(b) The definition of "biological evidence" set forth in	548
division (A)(1)(a) of this section applies whether the material in	549
question is cataloged separately, such as on a slide or swab or in	550
a test tube, or is present on other evidence, including, but not	551
limited to, clothing, ligatures, bedding or other household	552
material, drinking cups or containers, or cigarettes.	553

(2) "Biological material" has the same meaning as in section	554
2953.71 of the Revised Code.	555

(3) "DNA" has the same meaning as in section 109.573 of the	556
Revised Code.	557

(4) "Profile" means a unique identifier of an individual,	558
derived from DNA.	559

(5) "Prosecutor" has the same meaning as in section 2935.01	560
of the Revised Code.	561

(6) "Governmental evidence-retention entity" means all of the	562
following:	563

(a) Any law enforcement agency, prosecutor's office, court,	564
public hospital, crime laboratory, or other governmental or public	565
entity or individual within this state that is charged with the	566
collection, storage, or retrieval of biological evidence;	567

(b) Any official or employee of any entity or individual	568
described in division (A)(6)(a) of this section.	569

(B)(1) Each governmental evidence-retention entity that	570
secures any biological evidence in relation to an investigation or	571
prosecution of a criminal offense or delinquent act that is a	572
violation of section 2903.01, 2903.02, or 2903.03, a violation of	573
section 2903.04 or 2903.06 that is a felony of the first or second	574
degree, a violation of section 2907.02 or 2907.03 or division	575
(A)(4) or (B) of section 2907.05 of the Revised Code, or an	576
attempt to commit a violation of section 2907.02 of the Revised	577
Code shall secure the biological evidence for whichever of the	578
following periods of time is applicable:	579

(a) For a violation of section 2903.01 or 2903.02 of the	580
Revised Code, for the period of time that the offense or act	581
remains unsolved;	582

(b) For a violation of section 2903.03, a violation of	583
section 2903.04 or 2903.06 that is a felony of the first or second	584
degree, a violation of section 2907.02 or 2907.03 or of division	585
(A)(4) or (B) of section 2907.05 of the Revised Code, or an	586
attempt to commit a violation of section 2907.02 of the Revised	587
Code, for a period of thirty years if the offense or act remains	588
unsolved;	589

(c) If any person is convicted of or pleads guilty to the	590
offense, or is adjudicated a delinquent child for committing the	591
delinquent act, for the earlier of the following: (i) the	592
expiration of the latest of the following periods of time that	593
apply to the person: the period of time that the person is	594
incarcerated, is in a department of youth services institution or	595
other juvenile facility, is under a community control sanction for	596
that offense, is under any order of disposition for that act, is	597
on probation or parole for that offense, is under judicial release	598
or supervised release for that act, is under post-release control	599
for that offense, is involved in civil litigation in connection	600
with that offense or act, or is subject to registration and other	601
duties imposed for that offense or act under sections 2950.04,	602
2950.041, 2950.05, and 2950.06 of the Revised Code or (ii) thirty	603
years. If after the period of thirty years the person remains	604
incarcerated, then the governmental evidence-retention entity	605
shall secure the biological evidence until the person is released	606
from incarceration or dies.	607

(2) This section applies to evidence likely to contain	608
biological material that was in the possession of any governmental	609
evidence-retention entity during the investigation and prosecution	610
of a criminal case or delinquent child case involving a violation	611
of section 2903.01, 2903.02, or 2903.03, a violation of section	612
2903.04 or 2903.06 that is a felony of the first or second degree,	613
a violation of section 2907.02 or 2907.03 or of division (A)(4) or	614
(B) of section 2907.05 of the Revised Code, or an attempt to	615
commit a violation of section 2907.02 of the Revised Code.	616

(3) A governmental evidence-retention entity that possesses	617
biological evidence shall retain the biological evidence in the	618
amount and manner sufficient to develop a DNA profile from the	619
biological material contained in or included on the evidence.	620

(4) Upon written request by the defendant in a criminal case	621
or the alleged delinquent child in a delinquent child case	622
involving a violation of section 2903.01, 2903.02, or 2903.03, a	623
violation of section 2903.04 or 2903.06 that is a felony of the	624
first or second degree, a violation of section 2907.02 or 2907.03	625
or of division (A)(4) or (B) of section 2907.05 of the Revised	626
Code, or an attempt to commit a violation of section 2907.02 of	627
the Revised Code, a governmental evidence-retention entity that	628
possesses biological evidence shall prepare an inventory of the	629
biological evidence that has been preserved in connection with the	630
defendant's criminal case or the alleged delinquent child's	631
delinquent child case.	632

(5) Except as otherwise provided in division (B)(7) of this	633
section, a governmental evidence-retention entity that possesses	634
biological evidence that includes biological material may destroy	635
the evidence before the expiration of the applicable period of	636
time specified in division (B)(1) of this section if all of the	637
following apply:	638

(a) No other provision of federal or state law requires the	639
state to preserve the evidence.	640

(b) The governmental evidence-retention entity, by certified	641
mail, return receipt requested, provides notice of intent to	642
destroy the evidence to all of the following:	643

(i) All persons who remain in custody, incarcerated, in a	644
department of youth services institution or other juvenile	645
facility, under a community control sanction, under any order of	646
disposition, on probation or parole, under judicial release or	647
supervised release, under post-release control, involved in civil	648
litigation, or subject to registration and other duties imposed	649
for that offense or act under sections 2950.04, 2950.041, 2950.05,	650
and 2950.06 of the Revised Code as a result of a criminal	651
conviction, delinquency adjudication, or commitment related to the	652
evidence in question;	653

(ii) The attorney of record for each person who is in custody	654
in any circumstance described in division (B)(5)(b)(i) of this	655
section if the attorney of record can be located;	656

(iii) The state public defender;

657

(iv) The office of the prosecutor of record in the case that	658
resulted in the custody of the person in custody in any	659
circumstance described in division (B)(5)(b)(i) of this section;	660

(v) The attorney general.

661

(c) No person who is notified under division (B)(5)(b) of	662
this section does either of the following within one year after	663
the date on which the person receives the notice:	664

(i) Files a motion for testing of evidence under sections	665
2953.71 to 2953.81 or section 2953.82 of the Revised Code;	666

(ii) Submits a written request for retention of evidence to	667
the governmental evidence-retention entity that provided notice of	668
its intent to destroy evidence under division (B)(5)(b) of this	669
section.	670

(6) Except as otherwise provided in division (B)(7) of this	671
section, if, after providing notice under division (B)(5)(b) of	672
this section of its intent to destroy evidence, a governmental	673
evidence-retention entity receives a written request for retention	674
of the evidence from any person to whom the notice is provided,	675
the governmental evidence-retention entity shall retain the	676
evidence while the person referred to in division (B)(5)(b)(i) of	677
this section remains in custody, incarcerated, in a department of	678
youth services institution or other juvenile facility, under a	679
community control sanction, under any order of disposition, on	680
probation or parole, under judicial release or supervised release,	681
under post-release control, involved in civil litigation, or	682
subject to registration and other duties imposed for that offense	683
or act under sections 2950.04, 2950.041, 2950.05, and 2950.06 of	684
the Revised Code as a result of a criminal conviction, delinquency	685
adjudication, or commitment related to the evidence in question.	686

(7) A governmental evidence-retention entity that possesses	687
biological evidence that includes biological material may destroy	688
the evidence five years after a person pleads guilty or no contest	689
to a violation of section 2903.01, 2903.02, or 2903.03, a	690
violation of 2903.04 or 2903.06 that is a felony of the first or	691
second degree, a violation of section 2907.02, 2907.03, division	692
(A)(4) or (B) of section 2907.05, or an attempt to commit a	693
violation of section 2907.02 of the Revised Code and all appeals	694
have been exhausted unless, upon a motion to the court by the	695
person who pleaded guilty or no contest or the person's attorney	696
and notice to those persons described in division (B)(5)(b) of	697
this section requesting that the evidence not be destroyed, the	698
court finds good cause as to why that evidence must be retained.	699

(8) A governmental evidence-retention entity shall not be	700
required to preserve physical evidence pursuant to this section	701
that is of such a size, bulk, or physical character as to render	702
retention impracticable. When retention of physical evidence that	703
otherwise would be required to be retained pursuant to this	704
section is impracticable as described in this division, the	705
governmental evidence-retention entity that otherwise would be	706
required to retain the physical evidence shall remove and preserve	707
portions of the material evidence likely to contain biological	708
evidence related to the offense, in a quantity sufficient to	709
permit future DNA testing before returning or disposing of that	710
physical evidence.	711

(C)(1) The preservation of biological evidence task force	712
established within the bureau of criminal identification and	713
investigation under section 109.561 of the Revised Code shall	714
establish a system regarding the proper preservation of biological	715
evidence in this state. In establishing the system, the task force	716
shall do all of the following:	717

(a) Devise standards regarding the proper collection,	718
retention, and cataloguing of biological evidence for ongoing	719
investigations and prosecutions;	720

(b) Recommend practices, protocols, models, and resources for	721
the cataloging and accessibility of preserved biological evidence	722
already in the possession of governmental evidence-retention	723
entities.	724

(2) In consultation with the preservation of biological	725
evidence task force described in division (C)(1) of this section,	726
the division of criminal justice services of the department of	727
public safety shall administer and conduct training programs for	728
law enforcement officers and other relevant employees who are	729
charged with preserving and cataloging biological evidence	730
regarding the methods and procedures referenced in this section.	731

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

732

(1) "Administrator" means the person conducting a photo	733
lineup or live lineup.	734

(2) "Blind administrator" means the administrator does not	735
know the identity of the suspect. "Blind administrator" includes	736
an administrator who conducts a photo lineup through the use of a	737
folder system or a substantially similar system.	738

(3) "Blinded administrator" means the administrator may know	739
who the suspect is, but does not know which lineup member is being	740
viewed by the eyewitness. "Blinded administrator" includes an	741
administrator who conducts a photo lineup through the use of a	742
folder system or a substantially similar system.	743

(4) "Eyewitness" means a person who observes another person	744
at or near the scene of an offense.	745

(5) "Filler" means either a person or a photograph of a	746
person who is not suspected of an offense and is included in an	747
identification procedure.	748

(6) "Folder system" means a system for conducting a photo	749
lineup that satisfies all of the following:	750

(a) The investigating officer uses one "suspect photograph"	751
that resembles the description of the suspected perpetrator of the	752
offense provided by the eyewitness, five "filler photographs" of	753
persons not suspected of the offense that match the description of	754
the suspected perpetrator but do not cause the suspect photograph	755
to unduly stand out, four "blank photographs" that contain no	756
images of any person, and ten empty folders.	757

(b) The investigating officer places one "filler photograph"	758
into one of the empty folders and numbers it as folder 1.	759

(c) The administrator places the "suspect photograph" and the	760
other four "filler photographs" into five other empty folders,	761
shuffles the five folders so that the administrator is unaware of	762
which folder contains the "suspect photograph," and numbers the	763
five shuffled folders as folders 2 through 6.	764

(d) The administrator places the four "blank photographs" in	765
the four remaining empty folders and numbers these folders as	766
folders 7 through 10, and these folders serve as "dummy folders."	767

(e) The administrator provides instructions to the eyewitness	768
as to the lineup procedure and informs the eyewitness that a	769
photograph of the alleged perpetrator of the offense may or may	770
not be included in the photographs the eyewitness is about to see	771
and that the administrator does not know which, if any, of the	772
folders contains the photograph of the alleged perpetrator. The	773
administrator also shall instruct the eyewitness that the	774
administrator does not want to view any of the photographs and	775
will not view any of the photographs and that the eyewitness may	776
not show the administrator any of the photographs. The	777
administrator shall inform the eyewitness that if the eyewitness	778
identifies a photograph as being the person the eyewitness saw the	779
eyewitness shall identify the photograph only by the number of the	780
photograph's corresponding folder.	781

(f) The administrator hands each of the ten folders to the	782
eyewitness individually without looking at the photograph in the	783
folder. Each time the eyewitness has viewed a folder, the	784
eyewitness indicates whether the photograph is of the person the	785
eyewitness saw, indicates the degree of the eyewitness's	786
confidence in this identification, and returns the folder and the	787
photograph it contains to the administrator.	788

(g) The administrator follows the procedures specified in	789
this division for a second viewing if the eyewitness requests to view	790
each of the folders a second time, handing them to the eyewitness in	791
the same order as during the first viewing; the eyewitness is not	792
permitted to have more than two viewings of the folders; and the	793
administrator preserves the order of the folders and the	794
photographs they contain in a facedown position in order to	795
document the steps specified in division (A)(6)(h) of this	796
section.	797

(h) The administrator documents and records the results of	798
the procedure described in divisions (A)(6)(a) to (f) of this	799
section before the eyewitness views each of the folders a second	800
time and before the administrator views any photograph that the	801
eyewitness identifies as being of the person the eyewitness saw.	802
The documentation and record includes the date, time, and location	803
of the lineup procedure; the name of the administrator; the names	804
of all of the individuals present during the lineup; the number of	805
photographs shown to the eyewitness; copies of each photograph	806
shown to the eyewitness; the order in which the folders were	807
presented to the witness; the source of each photograph that was	808
used in the procedure; a statement of the eyewitness's confidence	809
in the eyewitness's own words as to the certainty of the	810
eyewitness's identification of the photographs as being of the	811
person the eyewitness saw that is taken immediately upon the	812
reaction of the eyewitness to viewing the photograph; and any	813
additional information the administrator considers pertinent to	814
the lineup procedure. If the eyewitness views each of the folders	815
a second time, the administrator shall document and record the	816
statement of the eyewitness's confidence in the eyewitness's own	817
words as to the certainty of the eyewitness's identification of a	818
photograph as being of the person the eyewitness saw and document	819
that the identification was made during a second viewing of each	820
of the folders by the eyewitness.	821

(i) The administrator shall not say anything to the	822
eyewitness or give any oral or nonverbal cues as to whether or not	823
the eyewitness identified the "suspect photograph" until the	824
administrator documents and records the results of the procedure	825
described in divisions (A)(6)(a) to (g) of this section and the	826
photo lineup has concluded.	827

(7) "Live lineup" means an identification procedure in which	828
a group of persons, including the suspected perpetrator of an	829
offense and other persons not suspected of the offense, is	830
displayed to an eyewitness for the purpose of determining whether	831
the eyewitness identifies the suspect as the perpetrator of the	832
offense.	833

(8) "Photo lineup" means an identification procedure in which	834
an array of photographs, including a photograph of the suspected	835
perpetrator of an offense and additional photographs of other	836
persons not suspected of the offense, is displayed to an	837
eyewitness for the purpose of determining whether the eyewitness	838
identifies the suspect as the perpetrator of the offense.	839

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

840

(10) "Suspect" means the person believed by law enforcement	841
to be the possible perpetrator of the offense.	842

(B) Prior to conducting any live lineup or photo lineup on or	843
after the effective date of this section, any law enforcement	844
agency or criminal justice entity in this state that conducts live	845
lineups or photo lineups shall adopt specific procedures for	846
conducting the lineups. The procedures, at a minimum, shall impose	847
the following requirements:	848

(1) Unless impracticable, a blind or blinded administrator	849
shall conduct the live lineup or photo lineup.	850

(2) When it is impracticable for a blind administrator to	851
conduct the live lineup or photo lineup, the administrator shall	852
state in writing the reason for that impracticability.	853

(3) When it is impracticable for either a blind or blinded	854
administrator to conduct the live lineup or photo lineup, the	855
administrator shall state in writing the reason for that	856
impracticability.	857

(4) The administrator conducting the lineup shall make a	858
written record that includes all of the following information:	859

(a) All identification and nonidentification results obtained	860
during the lineup, signed by the eyewitnesses, including the	861
eyewitnesses' confidence statements made immediately at the time	862
of the identification;	863

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

864

(c) The date and time of the lineup;

865

(d) Any eyewitness identification of one or more fillers in	866
the lineup;	867

(e) The names of the lineup members and other relevant	868
identifying information, and the sources of all photographs or	869
persons used in the lineup.	870

(5) If a blind administrator is conducting the live lineup or	871
the photo lineup, the administrator shall inform the eyewitness	872
that the suspect may or may not be in the lineup and that the	873
administrator does not know who the suspect is.	874

(C) For any photo lineup or live lineup that is administered	875
on or after the effective date of this section, all of the	876
following apply:	877

(1) Evidence of a failure to comply with any of the	878
provisions of this section or with any procedure for conducting	879
lineups that has been adopted by a law enforcement agency or	880
criminal justice agency pursuant to division (B) of this section	881
and that conforms to any provision of divisions (B)(1) to (5) of	882
this section shall be considered by trial courts in adjudicating	883
motions to suppress eyewitness identification resulting from or	884
related to the lineup.	885

(2) Evidence of a failure to comply with any of the	886
provisions of this section or with any procedure for conducting	887
lineups that has been adopted by a law enforcement agency or	888
criminal justice agency pursuant to division (B) of this section	889
and that conforms to any provision of divisions (B)(1) to (5) of	890
this section shall be admissible in support of any claim of	891
eyewitness misidentification resulting from or related to the	892
lineup as long as that evidence otherwise is admissible.	893

(3) When evidence of a failure to comply with any of the	894
provisions of this section, or with any procedure for conducting	895
lineups that has been adopted by a law enforcement agency or	896
criminal justice agency pursuant to division (B) of this section	897
and that conforms to any provision of divisions (B)(1) to (5) of	898
this section, is presented at trial, the jury shall be instructed	899
that it may consider credible evidence of noncompliance in	900
determining the reliability of any eyewitness identification	901
resulting from or related to the lineup.	902

(D) The requirements in this section regarding the procedures	903
for live lineups or photo lineups conducted by a law enforcement	904
agency or criminal justice entity do not prohibit a law	905
enforcement agency or criminal justice entity from adopting other	906
scientifically accepted procedures for conducting live lineups or	907
photo lineups that the scientific community considers more	908
effective.	909

Sec. 2953.21.  (A)(1)(a) Any person who has been convicted of	910
a criminal offense or adjudicated a delinquent child and who	911
claims that there was such a denial or infringement of the	912
person's rights as to render the judgment void or voidable under	913
the Ohio Constitution or the Constitution of the United States,	914
and any person who has been convicted of a criminal offense that	915
is a felony,and who is an inmate, andoffender for whom DNA	916
testing that was performed under sections 2953.71 to 2953.81 of	917
the Revised Code or under former section 2953.82 of the Revised	918
Code and analyzed in the context of and upon consideration of all	919
available admissible evidence related to the inmate'sperson's	920
case as described in division (D) of section 2953.74 of the	921
Revised Code provided results that establish, by clear and	922
convincing evidence, actual innocence of that felony offense or,	923
if the person was sentenced to death, establish, by clear and	924
convincing evidence, actual innocence of the aggravating	925
circumstance or circumstances the person was found guilty of	926
committing and that is or are the basis of that sentence of death,	927
may file a petition in the court that imposed sentence, stating	928
the grounds for relief relied upon, and asking the court to vacate	929
or set aside the judgment or sentence or to grant other	930
appropriate relief. The petitioner may file a supporting affidavit	931
and other documentary evidence in support of the claim for relief.	932

(b) As used in division (A)(1)(a) of this section, "actual	933
innocence" means that, had the results of the DNA testing	934
conducted under sections 2953.71 to 2953.81 of the Revised Code or	935
under former section 2953.82 of the Revised Code been presented at	936
trial, and had those results been analyzed in the context of and	937
upon consideration of all available admissible evidence related to	938
the inmate'sperson's case as described in division (D) of	939
section 2953.74 of the Revised Code, no reasonable factfinder	940
would have found the petitioner guilty of the offense of which the	941
petitioner was convicted, or, if the person was sentenced to	942
death, no reasonable factfinder would have found the petitioner	943
guilty of the aggravating circumstance or circumstances the	944
petitioner was found guilty of committing and that is or are the	945
basis of that sentence of death.	946

(c) As used in divisions (A)(1)(a) and (b) of this section,	947
"former section 2953.82 of the Revised Code" means section 2953.82	948
of the Revised Code as it existed prior to the effective date of	949
this amendment.	950

(2) Except as otherwise provided in section 2953.23 of the	951
Revised Code, a petition under division (A)(1) of this section	952
shall be filed no later than one hundred eighty days after the	953
date on which the trial transcript is filed in the court of	954
appeals in the direct appeal of the judgment of conviction or	955
adjudication or, if the direct appeal involves a sentence of	956
death, the date on which the trial transcript is filed in the	957
supreme court. If no appeal is taken, except as otherwise provided	958
in section 2953.23 of the Revised Code, the petition shall be	959
filed no later than one hundred eighty days after the expiration	960
of the time for filing the appeal.	961

(3) In a petition filed under division (A) of this section, a	962
person who has been sentenced to death may ask the court to render	963
void or voidable the judgment with respect to the conviction of	964
aggravated murder or the specification of an aggravating	965
circumstance or the sentence of death.	966

(4) A petitioner shall state in the original or amended	967
petition filed under division (A) of this section all grounds for	968
relief claimed by the petitioner. Except as provided in section	969
2953.23 of the Revised Code, any ground for relief that is not so	970
stated in the petition is waived.	971

(5) If the petitioner in a petition filed under division (A)	972
of this section was convicted of or pleaded guilty to a felony,	973
the petition may include a claim that the petitioner was denied	974
the equal protection of the laws in violation of the Ohio	975
Constitution or the United States Constitution because the	976
sentence imposed upon the petitioner for the felony was part of a	977
consistent pattern of disparity in sentencing by the judge who	978
imposed the sentence, with regard to the petitioner's race,	979
gender, ethnic background, or religion. If the supreme court	980
adopts a rule requiring a court of common pleas to maintain	981
information with regard to an offender's race, gender, ethnic	982
background, or religion, the supporting evidence for the petition	983
shall include, but shall not be limited to, a copy of that type of	984
information relative to the petitioner's sentence and copies of	985
that type of information relative to sentences that the same judge	986
imposed upon other persons.	987

(B) The clerk of the court in which the petition is filed	988
shall docket the petition and bring it promptly to the attention	989
of the court. The clerk of the court in which the petition is	990
filed immediately shall forward a copy of the petition to the	991
prosecuting attorney of that county.	992

(C) The court shall consider a petition that is timely filed	993
under division (A)(2) of this section even if a direct appeal of	994
the judgment is pending. Before granting a hearing on a petition	995
filed under division (A) of this section, the court shall	996
determine whether there are substantive grounds for relief. In	997
making such a determination, the court shall consider, in addition	998
to the petition, the supporting affidavits, and the documentary	999
evidence, all the files and records pertaining to the proceedings	1000
against the petitioner, including, but not limited to, the	1001
indictment, the court's journal entries, the journalized records	1002
of the clerk of the court, and the court reporter's transcript.	1003
The court reporter's transcript, if ordered and certified by the	1004
court, shall be taxed as court costs. If the court dismisses the	1005
petition, it shall make and file findings of fact and conclusions	1006
of law with respect to such dismissal.	1007

(D) Within ten days after the docketing of the petition, or	1008
within any further time that the court may fix for good cause	1009
shown, the prosecuting attorney shall respond by answer or motion.	1010
Within twenty days from the date the issues are raised, either	1011
party may move for summary judgment. The right to summary judgment	1012
shall appear on the face of the record.	1013

(E) Unless the petition and the files and records of the case	1014
show the petitioner is not entitled to relief, the court shall	1015
proceed to a prompt hearing on the issues even if a direct appeal	1016
of the case is pending. If the court notifies the parties that it	1017
has found grounds for granting relief, either party may request an	1018
appellate court in which a direct appeal of the judgment is	1019
pending to remand the pending case to the court.	1020

(F) At any time before the answer or motion is filed, the	1021
petitioner may amend the petition with or without leave or	1022
prejudice to the proceedings. The petitioner may amend the	1023
petition with leave of court at any time thereafter.	1024

(G) If the court does not find grounds for granting relief,	1025
it shall make and file findings of fact and conclusions of law and	1026
shall enter judgment denying relief on the petition. If no direct	1027
appeal of the case is pending and the court finds grounds for	1028
relief or if a pending direct appeal of the case has been remanded	1029
to the court pursuant to a request made pursuant to division (E)	1030
of this section and the court finds grounds for granting relief,	1031
it shall make and file findings of fact and conclusions of law and	1032
shall enter a judgment that vacates and sets aside the judgment in	1033
question, and, in the case of a petitioner who is a prisoner in	1034
custody, shall discharge or resentence the petitioner or grant a	1035
new trial as the court determines appropriate. The court also may	1036
make supplementary orders to the relief granted, concerning such	1037
matters as rearraignment, retrial, custody, and bail. If the trial	1038
court's order granting the petition is reversed on appeal and if	1039
the direct appeal of the case has been remanded from an appellate	1040
court pursuant to a request under division (E) of this section,	1041
the appellate court reversing the order granting the petition	1042
shall notify the appellate court in which the direct appeal of the	1043
case was pending at the time of the remand of the reversal and	1044
remand of the trial court's order. Upon the reversal and remand of	1045
the trial court's order granting the petition, regardless of	1046
whether notice is sent or received, the direct appeal of the case	1047
that was remanded is reinstated.	1048

(H) Upon the filing of a petition pursuant to division (A) of	1049
this section by a person sentenced to death, only the supreme	1050
court may stay execution of the sentence of death.	1051

(I)(1) If a person sentenced to death intends to file a	1052
petition under this section, the court shall appoint counsel to	1053
represent the person upon a finding that the person is indigent	1054
and that the person either accepts the appointment of counsel or	1055
is unable to make a competent decision whether to accept or reject	1056
the appointment of counsel. The court may decline to appoint	1057
counsel for the person only upon a finding, after a hearing if	1058
necessary, that the person rejects the appointment of counsel and	1059
understands the legal consequences of that decision or upon a	1060
finding that the person is not indigent.	1061

(2) The court shall not appoint as counsel under division	1062
(I)(1) of this section an attorney who represented the petitioner	1063
at trial in the case to which the petition relates unless the	1064
person and the attorney expressly request the appointment. The	1065
court shall appoint as counsel under division (I)(1) of this	1066
section only an attorney who is certified under Rule 20 of the	1067
Rules of Superintendence for the Courts of Ohio to represent	1068
indigent defendants charged with or convicted of an offense for	1069
which the death penalty can be or has been imposed. The	1070
ineffectiveness or incompetence of counsel during proceedings	1071
under this section does not constitute grounds for relief in a	1072
proceeding under this section, in an appeal of any action under	1073
this section, or in an application to reopen a direct appeal.	1074

(3) Division (I) of this section does not preclude attorneys	1075
who represent the state of Ohio from invoking the provisions of 28	1076
U.S.C. 154 with respect to capital cases that were pending in	1077
federal habeas corpus proceedings prior to July 1, 1996, insofar	1078
as the petitioners in those cases were represented in proceedings	1079
under this section by one or more counsel appointed by the court	1080
under this section or section 120.06, 120.16, 120.26, or 120.33 of	1081
the Revised Code and those appointed counsel meet the requirements	1082
of division (I)(2) of this section.	1083

(J) Subject to the appeal of a sentence for a felony that is	1084
authorized by section 2953.08 of the Revised Code, the remedy set	1085
forth in this section is the exclusive remedy by which a person	1086
may bring a collateral challenge to the validity of a conviction	1087
or sentence in a criminal case or to the validity of an	1088
adjudication of a child as a delinquent child for the commission	1089
of an act that would be a criminal offense if committed by an	1090
adult or the validity of a related order of disposition.	1091

Sec. 2953.23.  (A) Whether a hearing is or is not held on a	1092
petition filed pursuant to section 2953.21 of the Revised Code, a	1093
court may not entertain a petition filed after the expiration of	1094
the period prescribed in division (A) of that section or a second	1095
petition or successive petitions for similar relief on behalf of a	1096
petitioner unless division (A)(1) or (2) of this section applies:	1097

(1) Both of the following apply:

1098

(a) Either the petitioner shows that the petitioner was	1099
unavoidably prevented from discovery of the facts upon which the	1100
petitioner must rely to present the claim for relief, or,	1101
subsequent to the period prescribed in division (A)(2) of section	1102
2953.21 of the Revised Code or to the filing of an earlier	1103
petition, the United States Supreme Court recognized a new federal	1104
or state right that applies retroactively to persons in the	1105
petitioner's situation, and the petition asserts a claim based on	1106
that right.	1107

(b) The petitioner shows by clear and convincing evidence	1108
that, but for constitutional error at trial, no reasonable	1109
factfinder would have found the petitioner guilty of the offense	1110
of which the petitioner was convicted or, if the claim challenges	1111
a sentence of death that, but for constitutional error at the	1112
sentencing hearing, no reasonable factfinder would have found the	1113
petitioner eligible for the death sentence.	1114

(2) The petitioner was convicted of a felony, the petitioner	1115
is an inmateoffender for whom DNA testing was performed under	1116
sections 2953.71 to 2953.81 of the Revised Code or under former	1117
section 2953.82 of the Revised Code and analyzed in the context of	1118
and upon consideration of all available admissible evidence	1119
related to the inmate's case as described in division (D) of	1120
section 2953.74 of the Revised Code, and the results of the DNA	1121
testing establish, by clear and convincing evidence, actual	1122
innocence of that felony offense or, if the person was sentenced	1123
to death, establish, by clear and convincing evidence, actual	1124
innocence of the aggravating circumstance or circumstances the	1125
person was found guilty of committing and that is or are the basis	1126
of that sentence of death.	1127

As used in this division, "actual innocence" has the same	1128
meaning as in division (A)(1)(b) of section 2953.21 of the Revised	1129
Code, and "former section 2953.82 of the Revised Code" has the	1130
same meaning as in division (A)(1)(c) of section 2953.21 of the	1131
Revised Code.	1132

(B) An order awarding or denying relief sought in a petition	1133
filed pursuant to section 2953.21 of the Revised Code is a final	1134
judgment and may be appealed pursuant to Chapter 2953. of the	1135
Revised Code.	1136

Sec. 2953.31.  As used in sections 2953.31 to 2953.36 of the	1137
Revised Code:	1138

(A) "First offender" means anyone who has been convicted of	1139
an offense in this state or any other jurisdiction and who	1140
previously or subsequently has not been convicted of the same or a	1141
different offense in this state or any other jurisdiction. When	1142
two or more convictions result from or are connected with the same	1143
act or result from offenses committed at the same time, they shall	1144
be counted as one conviction. When two or three convictions result	1145
from the same indictment, information, or complaint, from the same	1146
plea of guilty, or from the same official proceeding, and result	1147
from related criminal acts that were committed within a	1148
three-month period but do not result from the same act or from	1149
offenses committed at the same time, they shall be counted as one	1150
conviction, provided that a court may decide as provided in	1151
division (C)(1)(a) of section 2953.32 of the Revised Code that it	1152
is not in the public interest for the two or three convictions to	1153
be counted as one conviction.	1154

For purposes of, and except as otherwise provided in, this	1155
division, a conviction for a minor misdemeanor, for a violation of	1156
any section in Chapter 4507., 4510., 4511., 4513., or 4549. of the	1157
Revised Code, or for a violation of a municipal ordinance that is	1158
substantially similar to any section in those chapters is not a	1159
previous or subsequent conviction. However, a conviction for a	1160
violation of section 4511.19, 4511.251, 4549.02, 4549.021,	1161
4549.03, 4549.042, or 4549.62 or sections 4549.41 to 4549.46 of	1162
the Revised Code, for a violation of section 4510.11 or 4510.14 of	1163
the Revised Code that is based upon the offender's operation of a	1164
vehicle during a suspension imposed under section 4511.191 or	1165
4511.196 of the Revised Code, for a violation of a substantially	1166
equivalent municipal ordinance, for a felony violation of Title	1167
XLV of the Revised Code, or for a violation of a substantially	1168
equivalent former law of this state or former municipal ordinance	1169
shall be considered a previous or subsequent conviction.	1170

(B) "Prosecutor" means the county prosecuting attorney, city	1171
director of law, village solicitor, or similar chief legal	1172
officer, who has the authority to prosecute a criminal case in the	1173
court in which the case is filed.	1174

(C) "Bail forfeiture" means the forfeiture of bail by a	1175
defendant who is arrested for the commission of a misdemeanor,	1176
other than a defendant in a traffic case as defined in Traffic	1177
Rule 2, if the forfeiture is pursuant to an agreement with the	1178
court and prosecutor in the case.	1179

(D) "Official records" has the same meaning as in division	1180
(D) of section 2953.51 of the Revised Code.	1181

(E) "Official proceeding" has the same meaning as in section	1182
2921.01 of the Revised Code.	1183

(F) "Community control sanction" has the same meaning as in	1184
section 2929.01 of the Revised Code.	1185

(G) "Post-release control" and "post-release control	1186
sanction" have the same meanings as in section 2967.01 of the	1187
Revised Code.	1188

(H) "DNA database," "DNA record," and "law enforcement	1189
agency" have the same meanings as in section 109.573 of the	1190
Revised Code.	1191

(I) "Fingerprints filed for record" means any fingerprints	1192
obtained by the superintendent of the bureau of criminal	1193
identification and investigation pursuant to sections 109.57 and	1194
109.571 of the Revised Code.	1195

Sec. 2953.32.  (A)(1) Except as provided in section 2953.61	1196
of the Revised Code, a first offender may apply to the sentencing	1197
court if convicted in this state, or to a court of common pleas if	1198
convicted in another state or in a federal court, for the sealing	1199
of the conviction record. Application may be made at the	1200
expiration of three years after the offender's final discharge if	1201
convicted of a felony, or at the expiration of one year after the	1202
offender's final discharge if convicted of a misdemeanor.	1203

(2) Any person who has been arrested for any misdemeanor	1204
offense and who has effected a bail forfeiture may apply to the	1205
court in which the misdemeanor criminal case was pending when bail	1206
was forfeited for the sealing of the record of the case. Except as	1207
provided in section 2953.61 of the Revised Code, the application	1208
may be filed at any time after the expiration of one year from the	1209
date on which the bail forfeiture was entered upon the minutes of	1210
the court or the journal, whichever entry occurs first.	1211

(B) Upon the filing of an application under this section, the	1212
court shall set a date for a hearing and shall notify the	1213
prosecutor for the case of the hearing on the application. The	1214
prosecutor may object to the granting of the application by filing	1215
an objection with the court prior to the date set for the hearing.	1216
The prosecutor shall specify in the objection the reasons for	1217
believing a denial of the application is justified. The court	1218
shall direct its regular probation officer, a state probation	1219
officer, or the department of probation of the county in which the	1220
applicant resides to make inquiries and written reports as the	1221
court requires concerning the applicant.	1222

(C)(1) The court shall do each of the following:

1223

(a) Determine whether the applicant is a first offender or	1224
whether the forfeiture of bail was agreed to by the applicant and	1225
the prosecutor in the case. If the applicant applies as a first	1226
offender pursuant to division (A)(1) of this section and has two	1227
or three convictions that result from the same indictment,	1228
information, or complaint, from the same plea of guilty, or from	1229
the same official proceeding, and result from related criminal	1230
acts that were committed within a three-month period but do not	1231
result from the same act or from offenses committed at the same	1232
time, in making its determination under this division, the court	1233
initially shall determine whether it is not in the public interest	1234
for the two or three convictions to be counted as one conviction.	1235
If the court determines that it is not in the public interest for	1236
the two or three convictions to be counted as one conviction, the	1237
court shall determine that the applicant is not a first offender;	1238
if the court does not make that determination, the court shall	1239
determine that the offender is a first offender.	1240

(b) Determine whether criminal proceedings are pending	1241
against the applicant;	1242

(c) If the applicant is a first offender who applies pursuant	1243
to division (A)(1) of this section, determine whether the	1244
applicant has been rehabilitated to the satisfaction of the court;	1245

(d) If the prosecutor has filed an objection in accordance	1246
with division (B) of this section, consider the reasons against	1247
granting the application specified by the prosecutor in the	1248
objection;	1249

(e) Weigh the interests of the applicant in having the	1250
records pertaining to the applicant's conviction sealed against	1251
the legitimate needs, if any, of the government to maintain those	1252
records.	1253

(2) If the court determines, after complying with division	1254
(C)(1) of this section, that the applicant is a first offender or	1255
the subject of a bail forfeiture, that no criminal proceeding is	1256
pending against the applicant, and that the interests of the	1257
applicant in having the records pertaining to the applicant's	1258
conviction or bail forfeiture sealed are not outweighed by any	1259
legitimate governmental needs to maintain those records, and that	1260
the rehabilitation of an applicant who is a first offender	1261
applying pursuant to division (A)(1) of this section has been	1262
attained to the satisfaction of the court, the court, except as	1263
provided in divisiondivisions (G) and (H) of this section, shall	1264
order all official records pertaining to the case sealed and,	1265
except as provided in division (F) of this section, all index	1266
references to the case deleted and, in the case of bail	1267
forfeitures, shall dismiss the charges in the case. The	1268
proceedings in the case shall be considered not to have occurred	1269
and the conviction or bail forfeiture of the person who is the	1270
subject of the proceedings shall be sealed, except that upon	1271
conviction of a subsequent offense, the sealed record of prior	1272
conviction or bail forfeiture may be considered by the court in	1273
determining the sentence or other appropriate disposition,	1274
including the relief provided for in sections 2953.31 to 2953.33	1275
of the Revised Code.	1276

(3) Upon the filing of an application under this section, the	1277
applicant, unless indigent, shall pay a fee of fifty dollars. The	1278
court shall pay thirty dollars of the fee into the state treasury.	1279
It shall pay twenty dollars of the fee into the county general	1280
revenue fund if the sealed conviction or bail forfeiture was	1281
pursuant to a state statute, or into the general revenue fund of	1282
the municipal corporation involved if the sealed conviction or	1283
bail forfeiture was pursuant to a municipal ordinance.	1284

(D) Inspection of the sealed records included in the order	1285
may be made only by the following persons or for the following	1286
purposes:	1287

(1) By a law enforcement officer or prosecutor, or the	1288
assistants of either, to determine whether the nature and	1289
character of the offense with which a person is to be charged	1290
would be affected by virtue of the person's previously having been	1291
convicted of a crime;	1292

(2) By the parole or probation officer of the person who is	1293
the subject of the records, for the exclusive use of the officer	1294
in supervising the person while on parole or under a community	1295
control sanction or a post-release control sanction, and in making	1296
inquiries and written reports as requested by the court or adult	1297
parole authority;	1298

(3) Upon application by the person who is the subject of the	1299
records, by the persons named in the application;	1300

(4) By a law enforcement officer who was involved in the	1301
case, for use in the officer's defense of a civil action arising	1302
out of the officer's involvement in that case;	1303

(5) By a prosecuting attorney or the prosecuting attorney's	1304
assistants, to determine a defendant's eligibility to enter a	1305
pre-trial diversion program established pursuant to section	1306
2935.36 of the Revised Code;	1307

(6) By any law enforcement agency or any authorized employee	1308
of a law enforcement agency or by the department of rehabilitation	1309
and correction as part of a background investigation of a person	1310
who applies for employment with the agency as a law enforcement	1311
officer or with the department as a corrections officer;	1312

(7) By any law enforcement agency or any authorized employee	1313
of a law enforcement agency, for the purposes set forth in, and in	1314
the manner provided in, section 2953.321 of the Revised Code;	1315

(8) By the bureau of criminal identification and	1316
investigation or any authorized employee of the bureau for the	1317
purpose of providing information to a board or person pursuant to	1318
division (F) or (G) of section 109.57 of the Revised Code;	1319

(9) By the bureau of criminal identification and	1320
investigation or any authorized employee of the bureau for the	1321
purpose of performing a criminal history records check on a person	1322
to whom a certificate as prescribed in section 109.77 of the	1323
Revised Code is to be awarded;	1324

(10) By the bureau of criminal identification and	1325
investigation or any authorized employee of the bureau for the	1326
purpose of conducting a criminal records check of an individual	1327
pursuant to division (B) of section 109.572 of the Revised Code	1328
that was requested pursuant to any of the sections identified in	1329
division (B)(1) of that section;	1330

(11) By the bureau of criminal identification and	1331
investigation, an authorized employee of the bureau, a sheriff, or	1332
an authorized employee of a sheriff in connection with a criminal	1333
records check described in section 311.41 of the Revised Code;	1334

(12) By the attorney general or an authorized employee of the	1335
attorney general or a court for purposes of determining a person's	1336
classification pursuant to Chapter 2950. of the Revised Code.	1337

When the nature and character of the offense with which a	1338
person is to be charged would be affected by the information, it	1339
may be used for the purpose of charging the person with an	1340
offense.	1341

(E) In any criminal proceeding, proof of any otherwise	1342
admissible prior conviction may be introduced and proved,	1343
notwithstanding the fact that for any such prior conviction an	1344
order of sealing previously was issued pursuant to sections	1345
2953.31 to 2953.36 of the Revised Code.	1346

(F) The person or governmental agency, office, or department	1347
that maintains sealed records pertaining to convictions or bail	1348
forfeitures that have been sealed pursuant to this section may	1349
maintain a manual or computerized index to the sealed records. The	1350
index shall contain only the name of, and alphanumeric identifiers	1351
that relate to, the persons who are the subject of the sealed	1352
records, the word "sealed," and the name of the person, agency,	1353
office, or department that has custody of the sealed records, and	1354
shall not contain the name of the crime committed. The index shall	1355
be made available by the person who has custody of the sealed	1356
records only for the purposes set forth in divisions (C), (D), and	1357
(E) of this section.	1358

(G) Notwithstanding any provision of this section or section	1359
2953.33 of the Revised Code that requires otherwise, a board of	1360
education of a city, local, exempted village, or joint vocational	1361
school district that maintains records of an individual who has	1362
been permanently excluded under sections 3301.121 and 3313.662 of	1363
the Revised Code is permitted to maintain records regarding a	1364
conviction that was used as the basis for the individual's	1365
permanent exclusion, regardless of a court order to seal the	1366
record. An order issued under this section to seal the record of a	1367
conviction does not revoke the adjudication order of the	1368
superintendent of public instruction to permanently exclude the	1369
individual who is the subject of the sealing order. An order	1370
issued under this section to seal the record of a conviction of an	1371
individual may be presented to a district superintendent as	1372
evidence to support the contention that the superintendent should	1373
recommend that the permanent exclusion of the individual who is	1374
the subject of the sealing order be revoked. Except as otherwise	1375
authorized by this division and sections 3301.121 and 3313.662 of	1376
the Revised Code, any school employee in possession of or having	1377
access to the sealed conviction records of an individual that were	1378
the basis of a permanent exclusion of the individual is subject to	1379
section 2953.35 of the Revised Code.	1380

(H) For purposes of sections 2953.31 to 2953.36 of the	1381
Revised Code, DNA records collected in the DNA database and	1382
fingerprints filed for record by the superintendent of the bureau	1383
of criminal identification and investigation shall not be sealed	1384
unless the superintendent receives a certified copy of a final	1385
court order establishing that the offender's conviction has been	1386
overturned. For purposes of this section, a court order is not	1387
"final" if time remains for an appeal or application for	1388
discretionary review with respect to the order.	1389

Sec. 2953.321.  (A) As used in this section, "investigatory	1390
work product" means any records or reports of a law enforcement	1391
officer or agency that are excepted from the definition of	1392
"official records" contained in section 2953.51 of the Revised	1393
Code and that pertain to a case the records of which have been	1394
ordered sealed pursuant to division (C)(2) of section 2953.32 of	1395
the Revised Code.	1396

(B) Upon the issuance of an order by a court pursuant to	1397
division (C)(2) of section 2953.32 of the Revised Code directing	1398
that all official records pertaining to a case be sealed:	1399

(1) Every law enforcement officer who possesses investigatory	1400
work product immediately shall deliver that work product to his	1401
the law enforcement officer's employing law enforcement agency.	1402

(2) Except as provided in division (B)(3) of this section,	1403
every law enforcement agency that possesses investigatory work	1404
product shall close that work product to all persons who are not	1405
directly employed by the law enforcement agency and shall treat	1406
that work product, in relation to all persons other than those who	1407
are directly employed by the law enforcement agency, as if it did	1408
not exist and never had existed.	1409

(3) A law enforcement agency that possesses investigatory	1410
work product may permit another law enforcement agency to use that	1411
work product in the investigation of another offense if the facts	1412
incident to the offense being investigated by the other law	1413
enforcement agency and the facts incident to an offense that is	1414
the subject of the case are reasonably similar. The agency that	1415
permits the use of investigatory work product may provide the	1416
other agency with the name of the person who is the subject of the	1417
case if it believes that the name of the person is necessary to	1418
the conduct of the investigation by the other agency.	1419

(C)(1) Except as provided in division (B)(3) of this section,	1420
no law enforcement officer or other person employed by a law	1421
enforcement agency shall knowingly release, disseminate, or	1422
otherwise make the investigatory work product or any information	1423
contained in that work product available to, or discuss any	1424
information contained in it with, any person not employed by the	1425
employing law enforcement agency.	1426

(2) No law enforcement agency, or person employed by a law	1427
enforcement agency, that receives investigatory work product	1428
pursuant to division (B)(3) of this section shall use that work	1429
product for any purpose other than the investigation of the	1430
offense for which it was obtained from the other law enforcement	1431
agency, or disclose the name of the person who is the subject of	1432
the work product except when necessary for the conduct of the	1433
investigation of the offense, or the prosecution of the person for	1434
committing the offense, for which it was obtained from the other	1435
law enforcement agency.	1436

(3) It is not a violation of division (C)(1) or (2) of this	1437
section for the bureau of criminal identification and	1438
investigation or any authorized employee of the bureau	1439
participating in the investigation of criminal activity to	1440
release, disseminate, or otherwise make available to, or discuss	1441
with, a person directly employed by a law enforcement agency DNA	1442
records collected in the DNA database or fingerprints filed for	1443
record by the superintendent of the bureau of criminal	1444
identification and investigation.	1445

(D) Whoever violates division (C)(1) or (2) of this section	1446
is guilty of divulging confidential investigatory work product, a	1447
misdemeanor of the fourth degree.	1448

Sec. 2953.35.  (A) Except as authorized by divisions (D),	1449
(E), and (F) of section 2953.32 of the Revised Code or by Chapter	1450
2950. of the Revised Code, any officer or employee of the state,	1451
or a political subdivision of the state, who releases or otherwise	1452
disseminates or makes available for any purpose involving	1453
employment, bonding, or licensing in connection with any business,	1454
trade, or profession to any person, or to any department, agency,	1455
or other instrumentality of the state, or any political	1456
subdivision of the state, any information or other data concerning	1457
any arrest, complaint, indictment, trial, hearing, adjudication,	1458
conviction, or correctional supervision the records with respect	1459
to which the officer or employee had knowledge of were sealed by	1460
an existing order issued pursuant to sections 2953.31 to 2953.36	1461
of the Revised Code, or were expunged by an order issued pursuant	1462
to section 2953.42 of the Revised Code as it existed prior to the	1463
effective date of this amendmentJune 29, 1988, is guilty of	1464
divulging confidential information, a misdemeanor of the fourth	1465
degree.	1466

(B) Any person who, in violation of section 2953.32 of the	1467
Revised Code, uses, disseminates, or otherwise makes available any	1468
index prepared pursuant to division (F) of section 2953.32 of the	1469
Revised Code is guilty of a misdemeanor of the fourth degree.	1470

(C) It is not a violation of this section for the bureau of	1471
criminal identification and investigation or any authorized	1472
employee of the bureau participating in the investigation of	1473
criminal activity to release, disseminate, or otherwise make	1474
available to, or discuss with, a person directly employed by a law	1475
enforcement agency DNA records collected in the DNA database or	1476
fingerprints filed for record by the superintendent of the bureau	1477
of criminal identification and investigation.	1478

Sec. 2953.51.  As used in sections 2953.51 to 2953.552953.56	1479
of the Revised Code:	1480

(A) "No bill" means a report by the foreperson or deputy	1481
foreperson of a grand jury that an indictment is not found by the	1482
grand jury against a person who has been held to answer before the	1483
grand jury for the commission of an offense.	1484

(B) "Prosecutor" has the same meaning as in section 2953.31	1485
of the Revised Code.	1486

(C) "Court" means the court in which a case is pending at the	1487
time a finding of not guilty in the case or a dismissal of the	1488
complaint, indictment, or information in the case is entered on	1489
the minutes or journal of the court, or the court to which the	1490
foreperson or deputy foreperson of a grand jury reports, pursuant	1491
to section 2939.23 of the Revised Code, that the grand jury has	1492
returned a no bill.	1493

(D) "Official records" means all records that are possessed	1494
by any public office or agency that relate to a criminal case,	1495
including, but not limited to: the notation to the case in the	1496
criminal docket; all subpoenas issued in the case; all papers and	1497
documents filed by the defendant or the prosecutor in the case;	1498
all records of all testimony and evidence presented in all	1499
proceedings in the case; all court files, papers, documents,	1500
folders, entries, affidavits, or writs that pertain to the case;	1501
all computer, microfilm, microfiche, or microdot records, indices,	1502
or references to the case; all index references to the case; all	1503
fingerprints and photographs; all records and investigative	1504
reports pertaining to the case that are possessed by any law	1505
enforcement officer or agency, except that any records or reports	1506
that are the specific investigatory work product of a law	1507
enforcement officer or agency are not and shall not be considered	1508
to be official records when they are in the possession of that	1509
officer or agency; and all investigative records and reports other	1510
than those possessed by a law enforcement officer or agency	1511
pertaining to the case. "Official records" does not include	1512
records or reports maintained pursuant to section 2151.421 of the	1513
Revised Code by a public children services agency or the	1514
department of job and family services.	1515

(E) "DNA database," "DNA record," and "law enforcement	1516
agency" have the same meanings as in section 109.573 of the	1517
Revised Code.	1518

(F) "Fingerprints filed for record" has the same meaning as	1519
in section 2953.31 of the Revised Code.	1520

Sec. 2953.54.  (A) Except as otherwise provided in Chapter	1521
2950. of the Revised Code, upon the issuance of an order by a	1522
court under division (B) of section 2953.52 of the Revised Code	1523
directing that all official records pertaining to a case be sealed	1524
and that the proceedings in the case be deemed not to have	1525
occurred:	1526

(1) Every law enforcement officer possessing records or	1527
reports pertaining to the case that are the officer's specific	1528
investigatory work product and that are excepted from the	1529
definition of "official records" contained in section 2953.51 of	1530
the Revised Code shall immediately deliver the records and reports	1531
to histhe officer's employing law enforcement agency. Except as	1532
provided in division (A)(3) of this section, no such officer shall	1533
knowingly release, disseminate, or otherwise make the records and	1534
reports or any information contained in them available to, or	1535
discuss any information contained in them with, any person not	1536
employed by the officer's employing law enforcement agency.	1537

(2) Every law enforcement agency that possesses records or	1538
reports pertaining to the case that are its specific investigatory	1539
work product and that are excepted from the definition of	1540
"official records" contained in section 2953.51 of the Revised	1541
Code, or that are the specific investigatory work product of a law	1542
enforcement officer it employs and that were delivered to it under	1543
division (A)(1) of this section shall, except as provided in	1544
division (A)(3) of this section, close the records and reports to	1545
all persons who are not directly employed by the law enforcement	1546
agency and shall, except as provided in division (A)(3) of this	1547
section, treat the records and reports, in relation to all persons	1548
other than those who are directly employed by the law enforcement	1549
agency, as if they did not exist and had never existed. Except as	1550
provided in division (A)(3) of this section, no person who is	1551
employed by the law enforcement agency shall knowingly release,	1552
disseminate, or otherwise make the records and reports in the	1553
possession of the employing law enforcement agency or any	1554
information contained in them available to, or discuss any	1555
information contained in them with, any person not employed by the	1556
employing law enforcement agency.	1557

(3) A law enforcement agency that possesses records or	1558
reports pertaining to the case that are its specific investigatory	1559
work product and that are excepted from the definition of	1560
"official records" contained in division (D) of section 2953.51 of	1561
the Revised Code, or that are the specific investigatory work	1562
product of a law enforcement officer it employs and that were	1563
delivered to it under division (A)(1) of this section may permit	1564
another law enforcement agency to use the records or reports in	1565
the investigation of another offense, if the facts incident to the	1566
offense being investigated by the other law enforcement agency and	1567
the facts incident to an offense that is the subject of the case	1568
are reasonably similar. The agency that provides the records and	1569
reports may provide the other agency with the name of the person	1570
who is the subject of the case, if it believes that the name of	1571
the person is necessary to the conduct of the investigation by the	1572
other agency.	1573

No law enforcement agency, or person employed by a law	1574
enforcement agency, that receives from another law enforcement	1575
agency records or reports pertaining to a case the records of	1576
which have been ordered sealed pursuant to division (B) of section	1577
2953.52 of the Revised Code shall use the records and reports for	1578
any purpose other than the investigation of the offense for which	1579
they were obtained from the other law enforcement agency, or	1580
disclose the name of the person who is the subject of the records	1581
or reports except when necessary for the conduct of the	1582
investigation of the offense, or the prosecution of the person for	1583
committing the offense, for which they were obtained from the	1584
other law enforcement agency.	1585

(B) Whoever violates division (A)(1), (2), or (3) of this	1586
section is guilty of divulging confidential information, a	1587
misdemeanor of the fourth degree.	1588

(C) It is not a violation of this section for the bureau of	1589
criminal identification and investigation or any authorized	1590
employee of the bureau participating in the investigation of	1591
criminal activity to release, disseminate, or otherwise make	1592
available to, or discuss with, a person directly employed by a law	1593
enforcement agency DNA records collected in the DNA database or	1594
fingerprints filed for record by the superintendent of the bureau	1595
of criminal identification and investigation.	1596

Sec. 2953.55.  (A) In any application for employment,	1597
license, or any other right or privilege, any appearance as a	1598
witness, or any other inquiry, a person may not be questioned with	1599
respect to any record that has been sealed pursuant to section	1600
2953.52 of the Revised Code. If an inquiry is made in violation of	1601
this section, the person whose official record was sealed may	1602
respond as if the arrest underlying the case to which the sealed	1603
official records pertain and all other proceedings in that case	1604
did not occur, and the person whose official record was sealed	1605
shall not be subject to any adverse action because of the arrest,	1606
the proceedings, or histhe person's response.	1607

(B) An officer or employee of the state or any of its	1608
political subdivisions who knowingly releases, disseminates, or	1609
makes available for any purpose involving employment, bonding,	1610
licensing, or education to any person or to any department,	1611
agency, or other instrumentality of the state, or of any of its	1612
political subdivisions, any information or other data concerning	1613
any arrest, complaint, indictment, information, trial,	1614
adjudication, or correctional supervision, the records of which	1615
have been sealed pursuant to section 2953.52 of the Revised Code,	1616
is guilty of divulging confidential information, a misdemeanor of	1617
the fourth degree.	1618

(C) It is not a violation of this section for the bureau of	1619
criminal identification and investigation or any authorized	1620
employee of the bureau participating in the investigation of	1621
criminal activity to release, disseminate, or otherwise make	1622
available to, or discuss with, a person directly employed by a law	1623
enforcement agency DNA records collected in the DNA database or	1624
fingerprints filed for record by the superintendent of the bureau	1625
of criminal identification and investigation.	1626

Sec. 2953.56. Violations of sections 2953.31 to 2953.61 of	1627
the Revised Code shall not provide the basis to exclude or	1628
suppress any of the following evidence that is otherwise	1629
admissible in a criminal proceeding, delinquent child proceeding,	1630
or other legal proceeding:	1631

(A) DNA records collected in the DNA database;

1632

(B) Fingerprints filed for record by the superintendent of	1633
the bureau of criminal identification and investigation;	1634

(C) Other evidence that was obtained or discovered as the	1635
direct or indirect result of divulging or otherwise using the	1636
records described in divisions (A) and (B) of this section.	1637

Sec. 2953.57. (A) A court that enters a judgment that vacates	1638
and sets aside the conviction of a person because of DNA testing	1639
that was performed under sections 2953.71 to 2953.81 of the	1640
Revised Code or under section 2953.82 of the Revised Code shall	1641
issue ninety days after the court vacates and sets aside the	1642
conviction an order directing that all official records pertaining	1643
to the case involving the vacated conviction be sealed and that	1644
the proceedings in the case shall be deemed not to have occurred.	1645

(B) As used in sections 2953.57 to 2953.60 of the Revised	1646
Code, "official records" has the same meaning as in section	1647
2953.51 of the Revised Code.	1648

Sec. 2953.58.  (A) The court shall send notice of an order to	1649
seal official records issued pursuant to section 2953.57 of the	1650
Revised Code to any public office or agency that the court knows	1651
or has reason to believe may have any record of the case, whether	1652
or not it is an official record, that is the subject of the order.	1653
The notice shall be sent by certified mail, return receipt	1654
requested.	1655

(B) A person whose official records have been sealed pursuant	1656
to an order issued pursuant to section 2953.57 of the Revised Code	1657
may present a copy of that order and a written request to comply	1658
with it, to a public office or agency that has a record of the	1659
case that is the subject of the order.	1660

(C) An order to seal official records issued pursuant to	1661
section 2953.57 of the Revised Code applies to every public office	1662
or agency that has a record of the case that is the subject of the	1663
order, regardless of whether it receives a copy of the order to	1664
seal the official records pursuant to division (A) or (B) of this	1665
section.	1666

(D) Upon receiving a copy of an order to seal official	1667
records pursuant to division (A) or (B) of this section or upon	1668
otherwise becoming aware of an applicable order to seal official	1669
records issued pursuant to section 2953.57 of the Revised Code, a	1670
public office or agency shall comply with the order and, if	1671
applicable, with the provisions of section 2953.59 of the Revised	1672
Code, except that it may maintain a record of the case that is the	1673
subject of the order if the record is maintained for the purpose	1674
of compiling statistical data only and does not contain any	1675
reference to the person who is the subject of the case and the	1676
order.	1677

A public office or agency also may maintain an index of	1678
sealed official records, in a form similar to that for sealed	1679
records of conviction as set forth in division (F) of section	1680
2953.32 of the Revised Code, access to which may not be afforded	1681
to any person other than the person who has custody of the sealed	1682
official records. The sealed official records to which such an	1683
index pertains shall not be available to any person, except that	1684
the official records of a case that have been sealed may be made	1685
available to the following persons for the following purposes:	1686

(1) To the person who is the subject of the records upon	1687
written application, and to any other person named in the	1688
application, for any purpose;	1689

(2) To a law enforcement officer who was involved in the	1690
case, for use in the officer's defense of a civil action arising	1691
out of the officer's involvement in that case.	1692

Sec. 2953.59.  (A) Except as otherwise provided in Chapter	1693
2950. of the Revised Code, upon the issuance of an order by a	1694
court under section 2953.57 of the Revised Code directing that all	1695
official records pertaining to a case be sealed and that the	1696
proceedings in the case be deemed not to have occurred:	1697

(1) Every law enforcement officer possessing records or	1698
reports pertaining to the case that are the officer's specific	1699
investigatory work product and that are excepted from the	1700
definition of "official records" contained in section 2953.51 of	1701
the Revised Code shall immediately deliver the records and reports	1702
to the officer's employing law enforcement agency. Except as	1703
provided in division (A)(3) of this section, no such officer shall	1704
knowingly release, disseminate, or otherwise make the records and	1705
reports or any information contained in them available to, or	1706
discuss any information contained in them with, any person not	1707
employed by the officer's employing law enforcement agency.	1708

(2) Every law enforcement agency that possesses records or	1709
reports pertaining to the case that are its specific investigatory	1710
work product and that are excepted from the definition of	1711
"official records" contained in section 2953.51 of the Revised	1712
Code, or that are the specific investigatory work product of a law	1713
enforcement officer it employs and that were delivered to it under	1714
division (A)(1) of this section shall, except as provided in	1715
division (A)(3) of this section, close the records and reports to	1716
all persons who are not directly employed by the law enforcement	1717
agency and shall, except as provided in division (A)(3) of this	1718
section, treat the records and reports, in relation to all persons	1719
other than those who are directly employed by the law enforcement	1720
agency, as if they did not exist and had never existed. Except as	1721
provided in division (A)(3) of this section, no person who is	1722
employed by the law enforcement agency shall knowingly release,	1723
disseminate, or otherwise make the records and reports in the	1724
possession of the employing law enforcement agency or any	1725
information contained in them available to, or discuss any	1726
information contained in them with, any person not employed by the	1727
employing law enforcement agency.	1728

(3) A law enforcement agency that possesses records or	1729
reports pertaining to the case that are its specific investigatory	1730
work product and that are excepted from the definition of	1731
"official records" contained in division (D) of section 2953.51 of	1732
the Revised Code, or that are the specific investigatory work	1733
product of a law enforcement officer it employs and that were	1734
delivered to it under division (A)(1) of this section may permit	1735
another law enforcement agency to use the records or reports in	1736
the investigation of another offense, if the facts incident to the	1737
offense being investigated by the other law enforcement agency and	1738
the facts incident to an offense that is the subject of the case	1739
are reasonably similar and if all references to the name or	1740
identifying information of the person whose records were sealed	1741
are redacted from the records or reports. The agency that provides	1742
the records and reports may not provide the other agency with the	1743
name of the person who is the subject of the case the records of	1744
which were sealed.	1745

(B) Whoever violates division (A)(1), (2), or (3) of this	1746
section is guilty of divulging confidential information, a	1747
misdemeanor of the fourth degree.	1748

Sec. 2953.60.  (A) In any application for employment,	1749
license, or any other right or privilege, any appearance as a	1750
witness, or any other inquiry, a person may not be questioned with	1751
respect to any record that has been sealed pursuant to section	1752
2953.57 of the Revised Code. If an inquiry is made in violation of	1753
this section, the person whose official record was sealed may	1754
respond as if the arrest underlying the case to which the sealed	1755
official records pertain and all other proceedings in that case	1756
did not occur, and the person whose official record was sealed	1757
shall not be subject to any adverse action because of the arrest,	1758
the proceedings, or the person's response.	1759

(B) An officer or employee of the state or any of its	1760
political subdivisions who knowingly releases, disseminates, or	1761
makes available for any purpose involving employment, bonding,	1762
licensing, or education to any person or to any department,	1763
agency, or other instrumentality of the state, or of any of its	1764
political subdivisions, any information or other data concerning	1765
any arrest, complaint, indictment, information, trial,	1766
adjudication, or correctional supervision, the records of which	1767
have been sealed pursuant to section 2953.57 of the Revised Code,	1768
is guilty of divulging confidential information, a misdemeanor of	1769
the fourth degree.	1770

Sec. 2953.71. As used in sections 2953.71 to 2953.83 of the	1771
Revised Code:	1772

(A) "Application" or "application for DNA testing" means a	1773
request through postconviction relief for the state to do DNA	1774
testing on biological material from whichever of the following is	1775
applicable:	1776

(1) The case in which the inmateoffender was convicted of	1777
the offense for which the inmateoffender is an eligible inmate	1778
offender and is requesting the DNA testing under sections 2953.71	1779
to 2953.81 of the Revised Code;	1780

(2) The case in which the inmate pleaded guilty or no contest	1781
to the offense for which the inmate is requesting the DNA testing	1782
under section 2953.82 of the Revised Code.	1783

(B) "Biological material" means any product of a human body	1784
containing DNA.	1785

(C) "Chain of custody" means a record or other evidence that	1786
tracks a subject sample of biological material from the time the	1787
biological material was first obtained until the time it currently	1788
exists in its place of storage and, in relation to a DNA sample, a	1789
record or other evidence that tracks the DNA sample from the time	1790
it was first obtained until it currently exists in its place of	1791
storage. For purposes of this division, examples of when	1792
biological material or a DNA sample is first obtained include, but	1793
are not limited to, obtaining the material or sample at the scene	1794
of a crime, from a victim, from an inmateoffender, or in any	1795
other manner or time as is appropriate in the facts and	1796
circumstances present.	1797

(D) "Custodial agency" means the group or entity that has the	1798
responsibility to maintain biological material in question.	1799

(E) "Custodian" means the person who is the primary	1800
representative of a custodial agency.	1801

(F) "Eligible inmateoffender" means an inmateoffender who	1802
is eligible under division (C) of section 2953.72 of the Revised	1803
Code to request DNA testing to be conducted under sections 2953.71	1804
to 2953.81 of the Revised Code.	1805

(G) "Exclusion" or "exclusion result" means a result of DNA	1806
testing that scientifically precludes or forecloses the subject	1807
inmateoffender as a contributor of biological material recovered	1808
from the crime scene or victim in question, in relation to the	1809
offense for which the inmateoffender is an eligible inmate	1810
offender and for which the sentence of death or prison term was	1811
imposed upon the inmate or, regarding a request for DNA testing	1812
made under section 2953.82 of the Revised Code, in relation to the	1813
offense for which the inmate made the request and for which the	1814
sentence of death or prison term was imposed upon the inmate	1815
offender.	1816

(H) "Extracting personnel" means medically approved personnel	1817
who are employed to physically obtain an inmateoffender's DNA	1818
specimen for purposes of DNA testing under sections 2953.71 to	1819
2953.81 or section 2953.82 of the Revised Code.	1820

(I) "Inclusion" or "inclusion result" means a result of DNA	1821
testing that scientifically cannot exclude, or that holds	1822
accountable, the subject inmateoffender as a contributor of	1823
biological material recovered from the crime scene or victim in	1824
question, in relation to the offense for which the inmateoffender	1825
is an eligible inmateoffender and for which the sentence of death	1826
or prison term was imposed upon the inmate or, regarding a request	1827
for DNA testing made under section 2953.82 of the Revised Code, in	1828
relation to the offense for which the inmate made the request and	1829
for which the sentence of death or prison term was imposed upon	1830
the inmateoffender.	1831

(J) "Inconclusive" or "inconclusive result" means a result of	1832
DNA testing that is rendered when a scientifically appropriate and	1833
definitive DNA analysis or result, or both, cannot be determined.	1834

(K) "InmateOffender" means an inmate in a prisona criminal	1835
offender who was sentenced by a court, or by a jury and a court,	1836
of this state.	1837

(L) "Outcome determinative" means that had the results of DNA	1838
testing of the subject inmateoffender been presented at the trial	1839
of the subject inmateoffender requesting DNA testing and been	1840
found relevant and admissible with respect to the felony offense	1841
for which the inmateoffender is an eligible inmateoffender and	1842
is requesting the DNA testing or for which the inmateis	1843
requesting the DNA testing under section 2953.82 of the Revised	1844
Code, and had those results been analyzed in the context of and	1845
upon consideration of all available admissible evidence related to	1846
the inmate'soffender's case as described in division (D) of	1847
section 2953.74 of the Revised Code, there is a strong probability	1848
that no reasonable factfinder would have found the inmateoffender	1849
guilty of that offense or, if the inmateoffender was sentenced to	1850
death relative to that offense, would have found the inmate	1851
offender guilty of the aggravating circumstance or circumstances	1852
the inmateoffender was found guilty of committing and that is or	1853
are the basis of that sentence of death.	1854

(M) "Parent sample" means the biological material first	1855
obtained from a crime scene or a victim of an offense for which an	1856
inmateoffender is an eligible inmate or for which the inmate is	1857
requesting the DNA testing under section 2953.82 of the Revised	1858
Codeoffender, and from which a sample will be presently taken to	1859
do a DNA comparison to the DNA of the subject inmateoffender	1860
under sections 2953.71 to 2953.81 or section 2953.82 of the	1861
Revised Code.	1862

(N) "Prison" hasand "community control sanction" have the	1863
same meaningmeanings as in section 2929.01 of the Revised Code.	1864

(O) "Prosecuting attorney" means the prosecuting attorney	1865
who, or whose office, prosecuted the case in which the subject	1866
inmateoffender was convicted of the offense for which the inmate	1867
offender is an eligible inmateoffender and is requesting the DNA	1868
testing or for which the inmate is requesting the DNA testing	1869
under section 2953.82 of the Revised Code.	1870

(P) "Prosecuting authority" means the prosecuting attorney or	1871
the attorney general.	1872

(Q) "Reasonable diligence" means a degree of diligence that	1873
is comparable to the diligence a reasonable person would employ in	1874
searching for information regarding an important matter in the	1875
person's own life.	1876

(R) "Testing authority" means a laboratory at which DNA	1877
testing will be conducted under sections 2953.71 to 2953.81 or	1878
section 2953.82 of the Revised Code.	1879

(S) "Parole" and "post-release control" have the same	1880
meanings as in section 2967.01 of the Revised Code.	1881

(T) "Sexually oriented offense" and "child-victim oriented	1882
offense" have the same meanings as in section 2950.01 of the	1883
Revised Code.	1884

(U) "Definitive DNA test" means a DNA test that clearly	1885
establishes that biological material from the perpetrator of the	1886
crime was recovered from the crime scene and also clearly	1887
establishes whether or not the biological material is that of the	1888
eligible offender. A prior DNA test is not definitive if the	1889
eligible offender proves by a preponderance of the evidence that	1890
because of advances in DNA technology there is a possibility of	1891
discovering new biological material from the perpetrator that the	1892
prior DNA test may have failed to discover. Prior testing may have	1893
been a prior "definitive DNA test" as to some biological evidence	1894
but may not have been a prior "definitive DNA test" as to other	1895
biological evidence.	1896

Sec. 2953.72. (A) Any eligible inmateoffender who wishes to	1897
request DNA testing under sections 2953.71 to 2953.81 of the	1898
Revised Code shall submit an application for the testing to the	1899
court of common pleas specified in section 2953.73 of the Revised	1900
Code, on a form prescribed by the attorney general for this	1901
purpose. The eligible inmateoffender shall submit the application	1902
in accordance with the procedures set forth in section 2953.73 of	1903
the Revised Code. The eligible inmateoffender shall specify on	1904
the application the offense or offenses for which the inmate	1905
offender is an eligible inmateoffender and is requesting the DNA	1906
testing. Along with the application, the eligible inmateoffender	1907
shall submit an acknowledgment that is on a form prescribed by the	1908
attorney general for this purpose and that is signed by the inmate	1909
offender. The acknowledgment shall set forth all of the following:	1910

(1) That sections 2953.71 to 2953.81 of the Revised Code	1911
contemplate applications for DNA testing of an eligible inmates	1912
offender at a stage of a prosecution or case after the inmate	1913
offender has been sentenced to a prison term or a sentence of	1914
death, that any exclusion or inclusion result of DNA testing	1915
rendered pursuant to those sections may be used by a party in any	1916
proceeding as described in section 2953.81 of the Revised Code,	1917
and that all requests for any DNA testing made at trial will	1918
continue to be handled by the prosecuting attorney in the case;	1919

(2) That the process of conducting postconviction DNA testing	1920
for an eligible inmateoffender under sections 2953.71 to 2953.81	1921
of the Revised Code begins when the inmateoffender submits an	1922
application under section 2953.73 of the Revised Code and the	1923
acknowledgment described in this section;	1924

(3) That the eligible inmateoffender must submit the	1925
application and acknowledgment to the court of common pleas that	1926
heard the case in which the inmateoffender was convicted of the	1927
offense for which the inmateoffender is an eligible offender and	1928
is requesting the DNA testing;	1929

(4) That the state has established a set of criteria set	1930
forth in section 2953.74 of the Revised Code by which eligible	1931
inmateoffender applications for DNA testing will be screened and	1932
that a judge of a court of common pleas upon receipt of a properly	1933
filed application and accompanying acknowledgment will apply those	1934
criteria to determine whether to accept or reject the application;	1935

(5) That the results of DNA testing conducted under sections	1936
2953.71 to 2953.81 of the Revised Code will be provided as	1937
described in section 2953.81 of the Revised Code to all parties in	1938
the postconviction proceedings and will be reported to various	1939
courts;	1940

(6) That, if DNA testing is conducted with respect to an	1941
inmateoffender under sections 2953.71 to 2953.81 of the Revised	1942
Code, the state will not offer the inmateoffender a retest if an	1943
inclusion result is achieved relative to the testing and that, if	1944
the state were to offer a retest after an inclusion result, the	1945
policy would create an atmosphere in which endless testing could	1946
occur and in which postconviction proceedings could be stalled for	1947
many years;	1948

(7) That, if the court rejects an eligible inmate's	1949
offender's application for DNA testing because the inmateoffender	1950
does not satisfy the acceptance criteria described in division	1951
(A)(4) of this section, the court will not accept or consider	1952
subsequent applications;	1953

(8) That the acknowledgment memorializes the provisions of	1954
sections 2953.71 to 2953.81 of the Revised Code with respect to	1955
the application of postconviction DNA testing to inmates	1956
offenders, that those provisions do not give any inmateoffender	1957
any additional constitutional right that the inmateoffender did	1958
not already have, that the court has no duty or obligation to	1959
provide postconviction DNA testing to inmatesoffenders, that the	1960
court of common pleas has the sole discretion subject to an appeal	1961
as described in this division to determine whether an inmate	1962
offender is an eligible inmateoffender and whether an eligible	1963
inmate'soffender's application for DNA testing satisfies the	1964
acceptance criteria described in division (A)(4) of this section	1965
and whether the application should be accepted or rejected, that	1966
if the court of common pleas rejects an eligible inmate's	1967
offender's application, the inmateoffender may seek leave of the	1968
supreme court to appeal the rejection to that court if the inmate	1969
offender was sentenced to death for the offense for which the	1970
inmateoffender is requesting the DNA testing and, if the inmate	1971
offender was not sentenced to death for that offense, may appeal	1972
the rejection to the court of appeals, and that no determination	1973
otherwise made by the court of common pleas in the exercise of its	1974
discretion regarding the eligibility of an inmateoffender or	1975
regarding postconviction DNA testing under those provisions is	1976
reviewable by or appealable to any court;	1977

(9) That the manner in which sections 2953.71 to 2953.81 of	1978
the Revised Code with respect to the offering of postconviction	1979
DNA testing to inmatesoffenders are carried out does not confer	1980
any constitutional right upon any inmateoffender, that the state	1981
has established guidelines and procedures relative to those	1982
provisions to ensure that they are carried out with both justice	1983
and efficiency in mind, and that an inmateoffender who	1984
participates in any phase of the mechanism contained in those	1985
provisions, including, but not limited to, applying for DNA	1986
testing and being rejected, having an application for DNA testing	1987
accepted and not receiving the test, or having DNA testing	1988
conducted and receiving unfavorable results, does not gain as a	1989
result of the participation any constitutional right to challenge,	1990
or, except as provided in division (A)(8) of this section, any	1991
right to any review or appeal of, the manner in which those	1992
provisions are carried out;	1993

(10) That the most basic aspect of sections 2953.71 to	1994
2953.81 of the Revised Code is that, in order for DNA testing to	1995
occur, there must be an inmateoffender sample against which other	1996
evidence may be compared, that, if an eligible inmate'soffender's	1997
application is accepted but the inmateoffender subsequently	1998
refuses to submit to the collection of the sample of biological	1999
material from the inmateoffender or hinders the state from	2000
obtaining a sample of biological material from the inmate	2001
offender, the goal of those provisions will be frustrated, and	2002
that an inmate'soffender's refusal or hindrance shall cause the	2003
court to rescind its prior acceptance of the application for DNA	2004
testing for the inmateoffender and deny the application;	2005

(11) That, if the inmate is an inmate who pleaded guilty or	2006
no contest to a felony offense and who is using the application	2007
and acknowledgment to request DNA testing under section 2953.82 of	2008
the Revised Code, all references in the acknowledgment to an	2009
"eligible inmate" are considered to be references to, and apply	2010
to, the inmate and all references in the acknowledgment to	2011
"sections 2953.71 to 2953.81 of the Revised Code" are considered	2012
to be references to "section 2953.82 of the Revised Code."	2013

(B) The attorney general shall prescribe a form to be used to	2014
make an application for DNA testing under division (A) of this	2015
section and section 2953.73 of the Revised Code and a form to be	2016
used to provide the acknowledgment described in division (A) of	2017
this section. The forms shall include all information described in	2018
division (A) of this section, spaces for an inmateoffender to	2019
insert all information necessary to complete the forms, including,	2020
but not limited to, specifying the offense or offenses for which	2021
the inmateoffender is an eligible inmateoffender and is	2022
requesting the DNA testing or for which the inmate is requesting	2023
the DNA testing under section 2953.82 of the Revised Code, and any	2024
other information or material the attorney general determines is	2025
necessary or relevant. The forms also shall be used to make an	2026
application requesting DNA testing under section 2953.82 of the	2027
Revised Code, and the attorney general shall ensure that they are	2028
sufficient for that type of use, and that they include all	2029
information and spaces necessary for that type of use. The	2030
attorney general shall distribute copies of the prescribed forms	2031
to the department of rehabilitation and correction, the department	2032
shall ensure that each prison in which inmatesoffenders are	2033
housed has a supply of copies of the forms, and the department	2034
shall ensure that copies of the forms are provided free of charge	2035
to any inmateoffender who requests them.	2036

(C)(1) An inmateoffender is eligible to request DNA testing	2037
to be conducted under sections 2953.71 to 2953.81 of the Revised	2038
Code only if all of the following apply:	2039

(a) The offense for which the inmateoffender claims to be an	2040
eligible inmateoffender is a felony, and the inmateoffender was	2041
convicted by a judge or jury of that offense.	2042

(b) One of the following applies:

2043

(i) The inmateoffender was sentenced to a prison term or	2044
sentence of death for the felony described in division (C)(1)(a)	2045
of this section, and the offender is in prison serving that prison	2046
term or under that sentence of death, has been paroled or is on	2047
probation regarding that felony, is under post-release control	2048
regarding that felony, or has been released from that prison term	2049
and is under a community control sanction regarding that felony.	2050

(ii) The offender was not sentenced to a prison term or	2051
sentence of death for the felony described in division (C)(1)(a)	2052
of this section, but was sentenced to a community control sanction	2053
for that felony and is under that community control sanction.	2054

(iii) The felony described in division (C)(1)(a) of this	2055
section was a sexually oriented offense or child-victim oriented	2056
offense, and the offender has a duty to comply with sections	2057
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code	2058
relative to that felony.	2059

(c) On the date on which the application is filed, the inmate	2060
has at least one year remaining on the prison term described in	2061
division (C)(1)(b) of this section, or the inmate is in prison	2062
under a sentence of death as described in that division.	2063

(2) An inmateoffender is not an eligible inmateoffender	2064
under division (C)(1) of this section regarding any offense to	2065
which the inmateoffender pleaded guilty or no contest.	2066

(3) An offender is not an eligible offender under division	2067
(C)(1) of this section regarding any offense if the offender dies	2068
prior to submitting an application for DNA testing related to that	2069
offense under section 2953.73 of the Revised Code.	2070

Sec. 2953.73. (A) An eligible inmateoffender who wishes to	2071
request DNA testing to be conducted under sections 2953.71 to	2072
2953.81 of the Revised Code shall submit an application for DNA	2073
testing on a form prescribed by the attorney general for this	2074
purpose and shall submit the form to the court of common pleas	2075
that sentenced the inmateoffender for the offense for which the	2076
inmateoffender is an eligible inmateoffender and is requesting	2077
DNA testing.	2078

(B) If an eligible inmateoffender submits an application for	2079
DNA testing under division (A) of this section, upon the	2080
submission of the application, all of the following apply:	2081

(1) The eligible inmateoffender shall serve a copy of the	2082
application on the prosecuting attorney and the attorney general.	2083

(2) The application shall be assigned to the judge of that	2084
court of common pleas who was the trial judge in the case in which	2085
the eligible inmateoffender was convicted of the offense for	2086
which the inmateoffender is requesting DNA testing, or, if that	2087
judge no longer is a judge of that court, it shall be assigned	2088
according to court rules. The judge to whom the application is	2089
assigned shall decide the application. The application shall	2090
become part of the file in the case.	2091

(C) If an eligible inmateoffender submits an application for	2092
DNA testing under division (A) of this section, regardless of	2093
whether the inmateoffender has commenced any federal habeas	2094
corpus proceeding relative to the case in which the inmate	2095
offender was convicted of the offense for which the inmate	2096
offender is an eligible inmateoffender and is requesting DNA	2097
testing, any response to the application by the prosecuting	2098
attorney or the attorney general shall be filed not later than	2099
forty-five days after the date on which the eligible inmate	2100
offender submits the application. The prosecuting attorney or the	2101
attorney general, or both, may, but are not required to, file a	2102
response to the application. If the prosecuting attorney or the	2103
attorney general files a response under this division, the	2104
prosecuting attorney or attorney general, whoever filed the	2105
response, shall serve a copy of the response on the eligible	2106
inmateoffender.	2107

(D) If an eligible inmateoffender submits an application for	2108
DNA testing under division (A) of this section, the court shall	2109
make the determination as to whether the application should be	2110
accepted or rejected. The court shall expedite its review of the	2111
application. The court shall make the determination in accordance	2112
with the criteria and procedures set forth in sections 2953.74 to	2113
2953.81 of the Revised Code and, in making the determination,	2114
shall consider the application, the supporting affidavits, and the	2115
documentary evidence and, in addition to those materials, shall	2116
consider all the files and records pertaining to the proceedings	2117
against the applicant, including, but not limited to, the	2118
indictment, the court's journal entries, the journalized records	2119
of the clerk of the court, and the court reporter's transcript and	2120
all responses to the application filed under division (C) of this	2121
section by a prosecuting attorney or the attorney general, unless	2122
the application and the files and records show the applicant is	2123
not entitled to DNA testing, in which case the application may be	2124
denied. The court is not required to conduct an evidentiary	2125
hearing in conducting its review of, and in making its	2126
determination as to whether to accept or reject, the application.	2127
Upon making its determination, the court shall enter a judgment	2128
and order that either accepts or rejects the application and that	2129
includes within the judgment and order the reasons for the	2130
acceptance or rejection as applied to the criteria and procedures	2131
set forth in sections 2953.71 to 2953.81 of the Revised Code. The	2132
court shall send a copy of the judgment and order to the eligible	2133
inmateoffender who filed it, the prosecuting attorney, and the	2134
attorney general.	2135

(E) A judgment and order of a court entered under division	2136
(D) of this section is appealable only as provided in this	2137
division. If an eligible inmateoffender submits an application	2138
for DNA testing under section 2953.73 of the Revised Code and the	2139
court of common pleas rejects the application under division (D)	2140
of this section, one of the following applies:	2141

(1) If the inmateoffender was sentenced to death for the	2142
offense for which the inmateoffender claims to be an eligible	2143
inmateoffender and is requesting DNA testing, the inmateoffender	2144
may seek leave of the supreme court to appeal the rejection to the	2145
supreme court. Courts of appeals do not have jurisdiction to	2146
review any rejection if the inmateoffender was sentenced to death	2147
for the offense for which the inmateoffender claims to be an	2148
eligible inmateoffender and is requesting DNA testing.	2149

(2) If the inmateoffender was not sentenced to death for the	2150
offense for which the inmateoffender claims to be an eligible	2151
inmateoffender and is requesting DNA testing, the rejection is a	2152
final appealable order, and the inmateoffender may appeal it to	2153
the court of appeals of the district in which is located that	2154
court of common pleas.	2155

(F) Notwithstanding any provision of law regarding fees and	2156
costs, no filing fee shall be required of, and no court costs	2157
shall be assessed against, an eligible offender who is indigent	2158
and who submits an application under this section.	2159

(G) If a court rejects an eligible inmate'soffender's	2160
application for DNA testing under division (D) of this section,	2161
unless the rejection is overturned on appeal, no court shall	2162
require the state to administer a DNA test under sections 2953.71	2163
to 2953.81 of the Revised Code on the eligible inmateoffender.	2164

Sec. 2953.74. (A) If an eligible inmateoffender submits an	2165
application for DNA testing under section 2953.73 of the Revised	2166
Code and a prior definitive DNA test has been conducted regarding	2167
the same biological evidence that the inmateoffender seeks to	2168
have tested, the court shall reject the inmate'soffender's	2169
application. If an eligible inmateoffender files an application	2170
for DNA testing and a prior inconclusive DNA test has been	2171
conducted regarding the same biological evidence that the inmate	2172
offender seeks to have tested, the court shall review the	2173
application and has the discretion, on a case-by-case basis, to	2174
either accept or reject the application. The court may direct a	2175
testing authority to provide the court with information that the	2176
court may use in determining whether prior DNA test results were	2177
definitive or inconclusive and whether to accept or reject an	2178
application in relation to which there were prior inconclusive DNA	2179
test results.	2180

(B) If an eligible inmateoffender submits an application for	2181
DNA testing under section 2953.73 of the Revised Code, the court	2182
may accept the application only if one of the following applies:	2183

(1) The inmateoffender did not have a DNA test taken at the	2184
trial stage in the case in which the inmateoffender was convicted	2185
of the offense for which the inmateoffender is an eligible inmate	2186
offender and is requesting the DNA testing regarding the same	2187
biological evidence that the inmateoffender seeks to have tested,	2188
the inmateoffender shows that DNA exclusion when analyzed in the	2189
context of and upon consideration of all available admissible	2190
evidence related to the subject inmate'soffender's case as	2191
described in division (D) of this section would have been outcome	2192
determinative at that trial stage in that case, and, at the time	2193
of the trial stage in that case, DNA testing was not generally	2194
accepted, the results of DNA testing were not generally admissible	2195
in evidence, or DNA testing was not yet available.	2196

(2) The inmateoffender had a DNA test taken at the trial	2197
stage in the case in which the inmateoffender was convicted of	2198
the offense for which the inmateoffender is an eligible inmate	2199
offender and is requesting the DNA testing regarding the same	2200
biological evidence that the inmateoffender seeks to have	2201
tested, the test was not a prior definitive DNA test that is	2202
subject to division (A) of this section, and the inmateoffender	2203
shows that DNA exclusion when analyzed in the context of and upon	2204
consideration of all available admissible evidence related to the	2205
subject inmate'soffender's case as described in division (D) of	2206
this section would have been outcome determinative at the trial	2207
stage in that case.	2208

(C) If an eligible inmateoffender submits an application for	2209
DNA testing under section 2953.73 of the Revised Code, the court	2210
may accept the application only if all of the following apply:	2211

(1) The court determines pursuant to section 2953.75 of the	2212
Revised Code that biological material was collected from the crime	2213
scene or the victim of the offense for which the inmateoffender	2214
is an eligible inmateoffender and is requesting the DNA testing	2215
and that the parent sample of that biological material against	2216
which a sample from the inmateoffender can be compared still	2217
exists at that point in time.	2218

(2) The testing authority determines all of the following	2219
pursuant to section 2953.76 of the Revised Code regarding the	2220
parent sample of the biological material described in division	2221
(C)(1) of this section:	2222

(a) The parent sample of the biological material so collected	2223
contains scientifically sufficient material to extract a test	2224
sample.	2225

(b) The parent sample of the biological material so collected	2226
is not so minute or fragile as to risk destruction of the parent	2227
sample by the extraction described in division (C)(2)(a) of this	2228
section; provided that the court may determine in its discretion,	2229
on a case-by-case basis, that, even if the parent sample of the	2230
biological material so collected is so minute or fragile as to	2231
risk destruction of the parent sample by the extraction, the	2232
application should not be rejected solely on the basis of that	2233
risk.	2234

(c) The parent sample of the biological material so collected	2235
has not degraded or been contaminated to the extent that it has	2236
become scientifically unsuitable for testing, and the parent	2237
sample otherwise has been preserved, and remains, in a condition	2238
that is scientifically suitable for testing.	2239

(3) The court determines that, at the trial stage in the case	2240
in which the inmateoffender was convicted of the offense for	2241
which the inmateoffender is an eligible inmateoffender and is	2242
requesting the DNA testing, the identity of the person who	2243
committed the offense was an issue.	2244

(4) The court determines that one or more of the defense	2245
theories asserted by the inmateoffender at the trial stage in the	2246
case described in division (C)(3) of this section or in a retrial	2247
of that case in a court of this state was of such a nature that,	2248
if DNA testing is conducted and an exclusion result is obtained,	2249
the exclusion result will be outcome determinative.	2250

(5) The court determines that, if DNA testing is conducted	2251
and an exclusion result is obtained, the results of the testing	2252
will be outcome determinative regarding that inmateoffender.	2253

(6) The court determines pursuant to section 2953.76 of the	2254
Revised Code from the chain of custody of the parent sample of the	2255
biological material to be tested and of any test sample extracted	2256
from the parent sample, and from the totality of circumstances	2257
involved, that the parent sample and the extracted test sample are	2258
the same sample as collected and that there is no reason to	2259
believe that they have been out of state custody or have been	2260
tampered with or contaminated since they were collected.	2261

(D) If an eligible inmateoffender submits an application for	2262
DNA testing under section 2953.73 of the Revised Code, the court,	2263
in determining whether the "outcome determinative" criterion	2264
described in divisions (B)(1) and (2) of this section has been	2265
satisfied, shall consider all available admissible evidence	2266
related to the subject inmate'soffender's case.	2267

(E) If an eligible inmateoffender submits an application for	2268
DNA testing under section 2953.73 of the Revised Code and the	2269
court accepts the application, the eligible inmateoffender may	2270
request the court to order, or the court on its own initiative may	2271
order, the bureau of criminal identification and investigation to	2272
compare the results of DNA testing of biological material from an	2273
unidentified person other than the inmateoffender that was	2274
obtained from the crime scene or from a victim of the offense for	2275
which the inmateoffender has been approved for DNA testing to the	2276
combined DNA index system maintained by the federal bureau of	2277
investigation.	2278

If the bureau, upon comparing the test results to the	2279
combined DNA index system, determines the identity of the person	2280
who is the contributor of the biological material, the bureau	2281
shall provide that information to the court that accepted the	2282
application, the inmateoffender, and the prosecuting attorney.	2283
The inmateoffender or the state may use the information for any	2284
lawful purpose.	2285

If the bureau, upon comparing the test results to the	2286
combined DNA index system, is unable to determine the identity of	2287
the person who is the contributor of the biological material, the	2288
bureau may compare the test results to other previously obtained	2289
and acceptable DNA test results of any person whose identity is	2290
known other than the eligible inmateoffender. If the bureau, upon	2291
comparing the test results to the DNA test results of any person	2292
whose identity is known, determines that the person whose identity	2293
is known is the contributor of the biological material, the bureau	2294
shall provide that information to the court that accepted the	2295
application, the inmateoffender, and the prosecuting attorney.	2296
The inmateoffender or the state may use the information for any	2297
lawful purpose.	2298

Sec. 2953.75. (A) If an eligible inmateoffender submits an	2299
application for DNA testing under section 2953.73 of the Revised	2300
Code, the court shall require the prosecuting attorney to use	2301
reasonable diligence to determine whether biological material was	2302
collected from the crime scene or victim of the offense for which	2303
the inmateoffender is an eligible inmateoffender and is	2304
requesting the DNA testing against which a sample from the inmate	2305
offender can be compared and whether the parent sample of that	2306
biological material still exists at that point in time. In using	2307
reasonable diligence to make those determinations, the prosecuting	2308
attorney shall rely upon all relevant sources, including, but not	2309
limited to, all of the following:	2310

(1) All prosecuting authorities in the case in which the	2311
inmateoffender was convicted of the offense for which the inmate	2312
offender is an eligible inmateoffender and is requesting the DNA	2313
testing and in the appeals of, and postconviction proceedings	2314
related to, that case;	2315

(2) All law enforcement authorities involved in the	2316
investigation of the offense for which the inmateoffender is an	2317
eligible offender and is requesting the DNA testing;	2318

(3) All custodial agencies involved at any time with the	2319
biological material in question;	2320

(4) The custodian of all custodial agencies described in	2321
division (A)(3) of this section;	2322

(5) All crime laboratories involved at any time with the	2323
biological material in question;	2324

(6) All other reasonable sources.

2325

(B) The prosecuting attorney shall prepare a report that	2326
contains the prosecuting attorney's determinations made under	2327
division (A) of this section and shall file a copy of the report	2328
with the court and provide a copy to the eligible inmateoffender	2329
and the attorney general.	2330

Sec. 2953.76. If an eligible inmateoffender submits an	2331
application for DNA testing under section 2953.73 of the Revised	2332
Code, the court shall require the prosecuting attorney to consult	2333
with the testing authority and to prepare findings regarding the	2334
quantity and quality of the parent sample of the biological	2335
material collected from the crime scene or victim of the offense	2336
for which the inmateoffender is an eligible inmateoffender and	2337
is requesting the DNA testing and that is to be tested, and of the	2338
chain of custody and reliability regarding that parent sample, as	2339
follows:	2340

(A) The testing authority shall determine whether there is a	2341
scientifically sufficient quantity of the parent sample to test	2342
and whether the parent sample is so minute or fragile that there	2343
is a substantial risk that the parent sample could be destroyed in	2344
testing. The testing authority may determine that there is not a	2345
sufficient quantity to test in order to preserve the state's	2346
ability to present in the future the original evidence presented	2347
at trial, if another trial is required. Upon making its	2348
determination under this division, the testing authority shall	2349
prepare a written document that contains its determination and the	2350
reasoning and rationale for that determination and shall provide a	2351
copy to the court, the eligible inmateoffender, the prosecuting	2352
attorney, and the attorney general. The court may determine in its	2353
discretion, on a case-by-case basis, that, even if the parent	2354
sample of the biological material so collected is so minute or	2355
fragile as to risk destruction of the parent sample by the	2356
extraction, the application should not be rejected solely on the	2357
basis of that risk.	2358

(B) The testing authority shall determine whether the parent	2359
sample has degraded or been contaminated to the extent that it has	2360
become scientifically unsuitable for testing and whether the	2361
parent sample otherwise has been preserved, and remains, in a	2362
condition that is suitable for testing. Upon making its	2363
determination under this division, the testing authority shall	2364
prepare a written document that contains its determination and the	2365
reasoning and rationale for that determination and shall provide a	2366
copy to the court, the eligible inmateoffender, the prosecuting	2367
attorney, and the attorney general.	2368

(C) The court shall determine, from the chain of custody of	2369
the parent sample of the biological material to be tested and of	2370
any test sample extracted from the parent sample and from the	2371
totality of circumstances involved, whether the parent sample and	2372
the extracted test sample are the same sample as collected and	2373
whether there is any reason to believe that they have been out of	2374
state custody or have been tampered with or contaminated since	2375
they were collected. Upon making its determination under this	2376
division, the court shall prepare and retain a written document	2377
that contains its determination and the reasoning and rationale	2378
for that determination.	2379

Sec. 2953.77.  (A) If an eligible inmateoffender submits an	2380
application for DNA testing under section 2953.73 of the Revised	2381
Code and if the application is accepted and DNA testing is to be	2382
performed, the court shall require that the chain of custody	2383
remain intact and that all of the applicable following precautions	2384
are satisfied to ensure that the parent sample of the biological	2385
material collected from the crime scene or the victim of the	2386
offense for which the inmateoffender is an eligible inmate	2387
offender and requested the DNA testing, and the test sample of the	2388
parent sample that is extracted and actually is to be tested, are	2389
not contaminated during transport or the testing process:	2390

(1) The court shall require that the chain of custody be	2391
maintained and documented relative to the parent sample and the	2392
test sample actually to be tested between the time they are	2393
removed from their place of storage or the time of their	2394
extraction to the time at which the DNA testing will be performed.	2395

(2) The court, the testing authority, and the law enforcement	2396
and prosecutorial personnel involved in the process, or any	2397
combination of those entities and persons, shall coordinate the	2398
transport of the parent sample and the test sample actually to be	2399
tested between their place of storage and the place where the DNA	2400
testing will be performed, and the court and testing authority	2401
shall document the transport procedures so used.	2402

(3) The testing authority shall determine and document the	2403
custodian of the parent sample and the test sample actually to be	2404
tested after they are in the possession of the testing authority.	2405

(4) The testing authority shall maintain and preserve the	2406
parent sample and the test sample actually to be tested after they	2407
are in the possession of the testing authority and shall document	2408
the maintenance and preservation procedures used.	2409

(5) After the DNA testing, the court, the testing authority,	2410
and the original custodial agency of the parent sample, or any	2411
combination of those entities, shall coordinate the return of the	2412
remaining parent sample back to its place of storage with the	2413
original custodial agency or to any other place determined in	2414
accordance with this division and section 2953.81 of the Revised	2415
Code. The court shall determine, in consultation with the testing	2416
authority, the custodial agency to maintain any newly created,	2417
extracted, or collected DNA material resulting from the testing.	2418
The court and testing authority shall document the return	2419
procedures for original materials and for any newly created,	2420
extracted, or collected DNA material resulting from the testing,	2421
and also the custodial agency to which those materials should be	2422
taken.	2423

(B) A court or testing authority shall provide the	2424
documentation required under division (A) of this section in	2425
writing and shall maintain that documentation.	2426

Sec. 2953.78.  (A) If an eligible inmateoffender submits an	2427
application for DNA testing under section 2953.73 of the Revised	2428
Code and if the application is accepted and DNA testing is to be	2429
performed, the court shall select the testing authority to be used	2430
for the testing. A court shall not select or use a testing	2431
authority for DNA testing unless the attorney general approves or	2432
designates the testing authority pursuant to division (C) of this	2433
section and unless the testing authority satisfies the criteria	2434
set forth in section 2953.80 of the Revised Code.	2435

(B) If a court selects a testing authority pursuant to	2436
division (A) of this section and the eligible inmateoffender for	2437
whom the test is to be performed objects to the use of the	2438
selected testing authority, the court shall rescind its prior	2439
acceptance of the application for DNA testing for the inmate	2440
offender and deny the application. An objection as described in	2441
this division, and the resulting rescission and denial, do not	2442
preclude a court from accepting in the court's discretion, a	2443
subsequent application by the same eligible inmateoffender	2444
requesting DNA testing.	2445

(C) The attorney general shall approve or designate testing	2446
authorities that may be selected and used to conduct DNA testing,	2447
shall prepare a list of the approved or designated testing	2448
authorities, and shall provide copies of the list to all courts of	2449
common pleas. The attorney general shall update the list as	2450
appropriate to reflect changes in the approved or designated	2451
testing authorities and shall provide copies of the updated list	2452
to all courts of common pleas. The attorney general shall not	2453
approve or designate a testing authority under this division	2454
unless the testing authority satisfies the criteria set forth in	2455
section 2953.80 of the Revised Code. A testing authority that is	2456
equipped to handle advanced DNA testing may be approved or	2457
designated under this division, provided it satisfies the criteria	2458
set forth in that section.	2459

(D) The attorney general's approval or designation of testing	2460
authorities under division (C) of this section, and the selection	2461
and use of any approved or designated testing authority, do not	2462
afford an inmateoffender any right to subsequently challenge the	2463
approval, designation, selection, or use, and an inmateoffender	2464
may not appeal to any court the approval, designation, selection,	2465
or use of a testing authority.	2466

Sec. 2953.79.  (A) If an eligible inmateoffender submits an	2467
application for DNA testing under section 2953.73 of the Revised	2468
Code and if the application is accepted and DNA testing is to be	2469
performed, a sample of biological material shall be obtained from	2470
the inmateoffender in accordance with this section, to be	2471
compared with the parent sample of biological material collected	2472
from the crime scene or the victim of the offense for which the	2473
inmateoffender is an eligible inmateoffender and requested the	2474
DNA testing. The inmate'soffender's filing of the application	2475
constitutes the inmate'soffender's consent to the obtaining of	2476
the sample of biological material from the inmateoffender. The	2477
testing authority shall obtain the sample of biological material	2478
from the inmateoffender in accordance with medically accepted	2479
procedures.	2480

(B) If DNA testing is to be performed for an inmateoffender	2481
as described in division (A) of this section, the court shall	2482
require the state to coordinate with the department of	2483
rehabilitation and correction or the other state agency or entity	2484
of local government with custody of the offender, whichever is	2485
applicable, as to the time and place at which the sample of	2486
biological material will be obtained from the inmateoffender. The	2487
If the offender is in prison or is in custody in another facility	2488
at the time the DNA testing is to be performed, the sample of	2489
biological material shall be obtained from the inmateoffender at	2490
the facility in which the inmateoffender is housed, and the	2491
department of rehabilitation and correction or the other state	2492
agency or entity of local government with custody of the offender,	2493
whichever is applicable, shall make the inmateoffender available	2494
at the specified time. The court shall require the state to	2495
provide notice to the inmateoffender and to the inmate's	2496
offender's counsel of the date on which, and the time and place at	2497
which, the sample will be so obtained.	2498

The court also shall require the state to coordinate with the	2499
testing authority regarding the obtaining of the sample from the	2500
inmateoffender.	2501

(C)(1) If DNA testing is to be performed for an inmate	2502
offender as described in division (A) of this section, and the	2503
inmateoffender refuses to submit to the collection of the sample	2504
of biological material from the inmateoffender or hinders the	2505
state from obtaining a sample of biological material from the	2506
inmateoffender, the court shall rescind its prior acceptance of	2507
the application for DNA testing for the inmateoffender and deny	2508
the application.	2509

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

2510

(a) An inmate'soffender's "refusal to submit to the	2511
collection of a sample of biological material from the inmate	2512
offender" includes, but is not limited to, the inmate'soffender's	2513
rejection of the physical manner in which a sample of the inmate's	2514
offender's biological material is to be taken.	2515

(b) An inmate'soffender's "hindrance of the state in	2516
obtaining a sample of biological material from the inmate	2517
offender" includes, but is not limited to, the inmateoffender	2518
being physically or verbally uncooperative or antagonistic in the	2519
taking of a sample of the inmate'soffender's biological material.	2520

(D) The extracting personnel shall make the determination as	2521
to whether an eligible inmateoffender for whom DNA testing is to	2522
be performed is refusing to submit to the collection of a sample	2523
of biological material from the inmateoffender or is hindering	2524
the state from obtaining a sample of biological material from the	2525
inmateoffender at the time and date of the scheduled collection	2526
of the sample. If the extracting personnel determine that an	2527
inmateoffender is refusing to submit to the collection of a	2528
sample or is hindering the state from obtaining a sample, the	2529
extracting personnel shall document in writing the conditions that	2530
constitute the refusal or hindrance, maintain the documentation,	2531
and notify the court of the inmate'soffender's refusal or	2532
hindrance.	2533

Sec. 2953.81. If an eligible offender submits an application	2534
for DNA testing under section 2953.73 of the Revised Code and if	2535
DNA testing is performed based on that application, upon	2536
completion of the testing, all of the following apply:	2537

(A) The court or a designee of the court shall require the	2538
state to maintain the results of the testing and to maintain and	2539
preserve both the parent sample of the biological material used	2540
and the inmateoffender sample of the biological material used.	2541
The testing authority may be designated as the person to maintain	2542
the results of the testing or to maintain and preserve some or all	2543
of the samples, or both. The results of the testing remain state's	2544
evidence. The samples shall be preserved during the entire period	2545
of time for which the inmateoffender is imprisoned or confined	2546
relative to the prison term or sentence of death in question and,	2547
if that prison term expires or the inmate is executed under that	2548
sentence of death, is on parole or probation relative to that	2549
sentence, is under post-release control or a community control	2550
sanction relative to that sentence, or has a duty to comply with	2551
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	2552
Code relative to that sentence. Additionally, if the prison term	2553
or confinement under the sentence in question expires, if the	2554
sentence in question is a sentence of death and the offender is	2555
executed, or if the parole or probation period, the period of	2556
post-release control, the community control sanction, or the duty	2557
to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of	2558
the Revised Code under the sentence in question ends, the samples	2559
shall be preserved for a reasonable period of time of not less	2560
than twenty-four months after the term or confinement expires or,	2561
the inmateoffender is executed, or the parole or probation	2562
period, the period of post-release control, the community control	2563
sanction, or the duty to comply with sections 2950.04, 2950.041,	2564
2950.05, and 2950.06 of the Revised Code ends, whichever is	2565
applicable. The court shall determine the period of time that is	2566
reasonable for purposes of this division, provided that the period	2567
shall not be less than twenty-four months after the term or	2568
confinement expires or, the inmateoffender is executed, or the	2569
parole or probation period, the period of post-release control,	2570
the community control sanction, or the duty to comply with	2571
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	2572
Code ends, whichever is applicable.	2573

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

2574

(C) The court or the testing authority shall provide a copy	2575
of the results of the testing to the prosecuting attorney, the	2576
attorney general, and the subject inmateoffender.	2577

(D) If the postconviction proceeding in question is pending	2578
at that time in a court of this state, the court of common pleas	2579
that decided the DNA application or the testing authority shall	2580
provide a copy of the results of the testing to any court of this	2581
state, and, if it is pending in a federal court, the court of	2582
common pleas that decided the DNA application or the testing	2583
authority shall provide a copy of the results of the testing to	2584
that federal court.	2585

(E) The testing authority shall provide a copy of the results	2586
of the testing to the court of common pleas that decided the DNA	2587
application.	2588

(F) The inmateoffender or the state may enter the results of	2589
the testing into any proceeding.	2590

Sec. 2953.83.  In any court proceeding under sections 2953.71	2591
to 2953.822953.81 of the Revised Code, the Rules of Criminal	2592
Procedure apply, except to the extent that sections 2953.71 to	2593
2953.822953.81 of the Revised Code provide a different procedure	2594
or to the extent that the Rules would by their nature be clearly	2595
inapplicable.	2596

Sec. 2953.84.  The provisions of sections 2953.71 to 2953.82	2597
2953.81 of the Revised Code by which an inmateoffender may obtain	2598
postconviction DNA testing are not the exclusive means by which an	2599
inmateoffender may obtain postconviction DNA testing, and the	2600
provisions of those sections do not limit or affect any other	2601
means by which an inmateoffender may obtain postconviction DNA	2602
testing.	2603

Section 2. That existing sections 109.573, 2901.07, 2953.21,	2604
2953.23, 2953.31, 2953.32, 2953.321, 2953.35, 2953.51, 2953.54,	2605
2953.55, 2953.71, 2953.72, 2953.73, 2953.74, 2953.75, 2953.76,	2606
2953.77, 2953.78, 2953.79, 2953.81, 2953.83, and 2953.84 and	2607
section 2953.82 of the Revised Code are hereby repealed.	2608

Section 3. (A) The General Assembly hereby requests the	2609
Attorney General to adopt rules pursuant to Chapter 119. of the	2610
Revised Code prescribing specific procedures to be followed for	2611
the administration by law enforcement agencies and criminal	2612
justice entities in this state of photo lineups, live lineups, and	2613
showups. The General Assembly also requests that any rules adopted	2614
by the Attorney General be consistent with the requirements of	2615
divisions (B) and (C) of section 2933.83 of the Revised Code. If	2616
the Attorney General adopts rules of the type described in this	2617
division, on and after the date on which the rules take effect,	2618
law enforcement agencies and criminal justice entities in this	2619
state shall comply with the rules in conducting live lineups,	2620
photo lineups, and showups.	2621

(B) The General Assembly hereby requests the Ohio Judicial	2622
Conference to review existing jury instructions regarding	2623
eyewitness identification for compliance with this act.	2624