As Reported by the Senate Judiciary--Civil 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 

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A BILL

To amend sections 109.573, 2901.07, 2953.21, 2953.23,

1

2953.71, 2953.72, 2953.73, 2953.74, 2953.75,

2

2953.76, 2953.77, 2953.78, 2953.79, 2953.81,

3

2953.83, and 2953.84, to enact sections 109.561,

4

2933.81, 2933.82, 2933.83, 2953.56, 2953.57,

5

2953.58, and 2953.59, and to repeal section

6

2953.82 of the Revised Code relative to the

7

expansion of DNA testing for certain convicted

8

felons, the elimination of the DNA testing

9

mechanism for felons who pleaded guilty or no

10

contest to the offense, the collection of DNA

11

specimens from all persons eighteen years of age

12

or older who are arrested for a felony offense,

13

the sealing of the official records of persons

14

who have their convictions vacated and set aside

15

due to DNA testing, the preservation and

16

accessibility of biological evidence in a

17

criminal or delinquency investigation or

18

proceeding, the improvement of eyewitness

19

identification procedures, and the electronic

20

recording of custodial interrogations.

21

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

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

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

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

40

(1) "DNA" means human deoxyribonucleic acid.

41

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

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

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

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

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

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

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

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

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

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

(b) Establish and maintain a DNA database;

81

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

234

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

460

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

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

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

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

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

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

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

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

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

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

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

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

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

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

533

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

534

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

535

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

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

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

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

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

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

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

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

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

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

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

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

(c) If any person is convicted of or pleads guilty to the	581
offense, or is adjudicated a delinquent child for committing the	582
delinquent act, for the period of time that the person remains	583
incarcerated, in a department of youth services institution or	584
other juvenile facility, under a community control sanction for	585
that offense, under any order of disposition for that act, on	586
probation or parole for that offense, under judicial release or	587
supervised release for that act, under post-release control for	588
that offense, involved in civil litigation in connection with that	589
offense or act, or subject to registration and other duties	590
imposed for that offense or act under sections 2950.04, 2950.041,	591
2950.05, and 2950.06 of the Revised Code or for a period of thirty	592
years, whichever is earlier. If after the period of thirty years	593
the person remains incarcerated, then the governmental	594
evidence-retention entity shall secure the biological evidence	595
until the person is released from incarceration or dies.	596

(2) This section applies to evidence that was in the	597
possession of any governmental evidence-retention entity during	598
the investigation and prosecution of a criminal case or delinquent	599
child case involving a violation of section 2903.01, 2903.02,	600
2903.03, 2903.04, 2903.041, 2903.06, 2907.02, 2907.03, or 2907.05	601
of the Revised Code or a violation of section 2923.02 of the	602
Revised Code in an attempt to commit a violation of section	603
2907.02 of the Revised Code and that, at the time the person is	604
convicted of or pleads guilty to the offense or is adjudicated a	605
delinquent child for the delinquent act, was likely to contain	606
biological material.	607

(3) A governmental evidence-retention entity that possesses	608
biological evidence shall retain the biological evidence in the	609
amount and manner sufficient to develop a DNA profile from the	610
biological material contained in or included on the evidence.	611

(4) Upon written request by the defendant in a criminal case	612
or the alleged delinquent child in a delinquent child case	613
involving a violation of section 2903.01, 2903.02, 2903.03,	614
2903.04, 2903.041, 2903.06, 2907.02, 2907.03, or 2907.05 of the	615
Revised Code or a violation of section 2923.02 of the Revised Code	616
in an attempt to commit a violation of section 2907.02 of the	617
Revised Code, a governmental evidence-retention entity that	618
possesses biological evidence shall prepare an inventory of the	619
biological evidence that has been preserved in connection with	620
the defendant's criminal case or the alleged delinquent child's	621
delinquent child case.	622

(5) A governmental evidence-retention entity that possesses	623
biological evidence that includes biological material may destroy	624
the evidence before the expiration of the applicable period of	625
time specified in division (B)(1) of this section if all of the	626
following apply:	627

(a) No other provision of federal or state law requires the	628
state to preserve the evidence.	629

(b) The governmental evidence-retention entity, by certified	630
mail, return receipt requested, provides notice of intent to	631
destroy the evidence to all of the following:	632

(i) All persons who remain in custody, incarcerated, in a	633
department of youth services institution or other juvenile	634
facility, under a community control sanction, under any order of	635
disposition, on probation or parole, under judicial release or	636
supervised release, under post-release control, involved in civil	637
litigation, or subject to registration and other duties imposed	638
for that offense or act under sections 2950.04, 2950.041, 2950.05,	639
and 2950.06 of the Revised Code as a result of a criminal	640
conviction, delinquency adjudication, or commitment related to the	641
evidence in question;	642

(ii) The attorney of record for each person who is in custody	643
in any circumstance described in division (B)(5)(b)(i) of this	644
section if the attorney of record can be located;	645

(iii) The state public defender;

646

(iv) The prosecutor of record in the case that resulted in	647
the custody of the person in custody in any circumstance described	648
in division (B)(5)(b)(i) of this section;	649

(v) The attorney general.

650

(c) No person who is notified under division (B)(5)(b) of	651
this section does either of the following within one year after	652
the date on which the person receives the notice:	653

(i) Files a motion for testing of evidence under sections	654
2953.71 to 2953.81 or section 2953.82 of the Revised Code;	655

(ii) Submits a written request for retention of evidence to	656
the governmental evidence-retention entity that provided notice of	657
its intent to destroy evidence under division (B)(5)(b) of this	658
section.	659

(6) If, after providing notice under division (B)(5)(b) of	660
this section of its intent to destroy evidence, a governmental	661
evidence-retention entity receives a written request for retention	662
of the evidence from any person to whom the notice is provided,	663
the governmental evidence-retention entity shall retain the	664
evidence while the person referred to in division (B)(5)(b)(i) of	665
this section remains in custody, incarcerated, in a department of	666
youth services institution or other juvenile facility, under a	667
community control sanction, under any order of disposition, on	668
probation or parole, under judicial release or supervised release,	669
under post-release control, involved in civil litigation, or	670
subject to registration and other duties imposed for that offense	671
or act under sections 2950.04, 2950.041, 2950.05, and 2950.06 of	672
the Revised Code as a result of a criminal conviction, delinquency	673
adjudication, or commitment related to the evidence in question.	674

(7) A governmental evidence-retention entity shall not be	675
required to preserve physical evidence pursuant to this section	676
that is of such a size, bulk, or physical character as to render	677
retention impracticable. When retention of physical evidence that	678
otherwise would be required to be retained pursuant to this	679
section is impracticable as described in this division, the	680
governmental evidence-retention entity that otherwise would be	681
required to retain the physical evidence shall remove and preserve	682
portions of the material evidence likely to contain biological	683
evidence related to the offense, in a quantity sufficient to	684
permit future DNA testing before returning or disposing of that	685
physical evidence.	686

(C)(1) The preservation of biological evidence task force	687
established within the bureau of criminal identification and	688
investigation under section 109.561 of the Revised Code shall	689
establish a system regarding the proper preservation of biological	690
evidence in this state. In establishing the system, the task force	691
shall do all of the following:	692

(a) Devise standards regarding the proper collection,	693
retention, and cataloguing of biological evidence for ongoing	694
investigations and prosecutions;	695

(b) Recommend practices, protocols, models, and resources for	696
the cataloguing and accessibility of preserved biological evidence	697
already in the possession of governmental evidence-retention	698
entities.	699

(2) In consultation with the preservation of biological	700
evidence task force described in division (C)(1) of this section,	701
the division of criminal justice services of the department of	702
public safety shall administer and conduct training programs for	703
law enforcement officers and other relevant employees who are	704
charged with preserving and cataloguing biological evidence	705
regarding the methods and procedures referenced in this section.	706

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

707

(1) "Administrator" means the person conducting a photo	708
lineup or live lineup.	709

(2) "Blind administrator" means the administrator does not	710
know the identity of the suspect. "Blind administrator" includes	711
an administrator who conducts a photo lineup through the use of a	712
folder system or a substantially similar system.	713

(3) "Blinded administrator" means the administrator may know	714
who the suspect is, but does not know which lineup member is	715
being viewed by the eyewitness. "Blinded administrator" includes	716
an administrator who conducts a photo lineup through the use of a	717
folder system or a substantially similar system.	718

(4) "Eyewitness" means a person who observes another person	719
at or near the scene of an offense.	720

(5) "Filler" means either a person or a photograph of a	721
person who is not suspected of an offense and is included in an	722
identification procedure.	723

(6) "Folder system" means a system for conducting a photo	724
lineup that satisfies all of the following:	725

(a) The investigating officer uses one "suspect photograph"	726
that resembles the description of the suspected perpetrator of the	727
offense provided by the witness, five "filler photographs" of	728
persons not suspected of the offense that match the description of	729
the suspected perpetrator but do not cause the suspect photograph	730
to unduly stand out, four "blank photographs" that contain no	731
images of any person, and ten empty folders.	732

(b) The investigating officer places one "filler photograph"	733
into one of the empty folders and numbers it as folder 1.	734

(c) The administrator places the "suspect photograph" and the	735
other four "filler photographs" into five other empty folders,	736
shuffles the five folders so that the administrator is unaware of	737
which folder contains the "suspect photograph," and numbers the	738
five shuffled folders as folders 2 through 6.	739

(d) The administrator places the four "blank photographs" in	740
the four remaining empty folders and numbers these folders as	741
folders 7 through 10, and these folders serve as "dummy folders."	742

(e) The administrator provides instructions to the witness as	743
to the lineup procedure and informs the witness that a photograph	744
of the alleged perpetrator of the offense may or may not be	745
included in the photographs the witness is about to see and that	746
the administrator does not know which, if any, of the folders	747
contains the photograph of the alleged perpetrator. The	748
administrator also shall instruct the witness that the	749
administrator does not want to view any of the photographs and	750
will not view any of the photographs and that the witness may not	751
show the administrator any of the photographs. The administrator	752
shall inform the witness that if the witness identifies a	753
photograph as being the person the witness saw the witness shall	754
identify the photograph only by the number of the photograph's	755
corresponding folder.	756

(f) The administrator hands each of the ten folders to the	757
witness individually without looking at the photograph in the	758
folder. Each time the witness has viewed a folder, the witness	759
indicates whether the photograph is of the person the witness saw,	760
indicates the degree of the witness' confidence in this	761
identification, and returns the folder and the photograph it	762
contains to the administrator.	763

(g) The administrator follows the procedures specified in	764
this division for a second viewing if the witness requests to view	765
each of the folders a second time, handing them to the witness in	766
the same order as during the first viewing; the witness is not	767
permitted to have more than two viewings of the folders; and the	768
administrator preserves the order of the folders and the	769
photographs they contain in a facedown position in order to	770
document the steps specified in division (A)(6)(h) of this	771
section.	772

(h) The administrator documents and records the results of	773
the procedure described in divisions (A)(6)(a) to (f) of this	774
section before the witness views each of the folders a second time	775
and before the administrator views any photograph that the witness	776
identifies as being of the person the witness saw. The	777
documentation and record includes the date, time, and location of	778
the lineup procedure; the name of the administrator; the names of	779
all of the individuals present during the lineup; the number of	780
photographs shown to the witness; copies of each photograph shown	781
to the witness; the order in which the folders were presented to	782
the witness; the source of each photograph that was used in the	783
procedure; a statement of the witness' confidence in the witness'	784
own words as to the certainty of the witness' identification of	785
the photographs as being of the person the witness saw that is	786
taken immediately upon the reaction of the witness to viewing the	787
photograph; and any additional information the administrator	788
considers pertinent to the lineup procedure. If the witness views	789
each of the folders a second time, the administrator shall	790
document and record the statement of the witness's confidence in	791
the witness's own words as to the certainty of the witness's	792
identification of a photograph as being of the person the witness	793
saw and document that the identification was made during a second	794
viewing of each of the folders by the witness.	795

(i) The administrator shall not say anything to the witness	796
or give any oral or nonverbal cues as to whether or not the	797
witness identified the "suspect photograph" until the	798
administrator documents and records the results of the procedure	799
described in divisions (A)(6)(a) to (f) of this section and the	800
photo lineup has concluded.	801

(7) "Live lineup" means an identification procedure in which	802
a group of persons, including the suspected perpetrator of an	803
offense and other persons not suspected of the offense, is	804
displayed to an eyewitness for the purpose of determining whether	805
the eyewitness identifies the suspect as the perpetrator of the	806
offense.	807

(8) "Photo lineup" means an identification procedure in which	808
an array of photographs, including a photograph of the suspected	809
perpetrator of an offense and additional photographs of other	810
persons not suspected of the offense, is displayed to an	811
eyewitness for the purpose of determining whether the eyewitness	812
identifies the suspect as the perpetrator of the offense.	813

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

814

(10) "Suspect" means the person believed by law enforcement	815
to be the possible perpetrator of the offense.	816

(B) Prior to conducting any live lineup or photo lineup on or	817
after the effective date of this section, any law enforcement	818
agency or criminal justice entity in this state that conducts live	819
lineups or photo lineups shall adopt specific procedures for	820
conducting the lineups. The procedures, at a minimum, shall impose	821
the following requirements:	822

(1) Unless impracticable, a blind or blinded administrator	823
shall conduct the live lineup or photo lineup.	824

(2) When it is impracticable for a blind administrator to	825
conduct the live lineup or photo lineup, the administrator shall	826
state in writing the reason for that impracticability.	827

(3) When it is impracticable for either a blind or blinded	828
administrator to conduct the live lineup or photo lineup, the	829
administrator shall state in writing the reason for that	830
impracticability.	831

(4) The administrator conducting the lineup shall make a	832
written record that includes all of the following information:	833

(a) All identification and nonidentification results obtained	834
during the lineup, signed by the eyewitnesses, including the	835
eyewitnesses' confidence statements made immediately at the time	836
of the identification;	837

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

838

(c) The date and time of the lineup;

839

(d) Any eyewitness identification of one or more fillers in	840
the lineup;	841

(e) The names of the lineup members and other relevant	842
identifying information, and the sources of all photographs or	843
persons used in the lineup.	844

(5) If a blind administrator is conducting the live lineup or	845
the photo lineup, the administrator shall inform the witness that	846
the suspect may or may not be in the lineup and that the	847
administrator does not know who the suspect is.	848

(C) For any photo lineup or live lineup that is administered	849
on or after the effective date of this section, all of the	850
following apply:	851

(1) Evidence of a failure to comply with any of the	852
provisions of this section or with any procedure for conducting	853
lineups that has been adopted by a law enforcement agency or	854
criminal justice agency pursuant to division (B) of this section	855
and that conforms to any provision of divisions (B)(1) to (5) of	856
this section shall be considered by trial courts in adjudicating	857
motions to suppress eyewitness identification resulting from or	858
related to the lineup.	859

(2) Evidence of a failure to comply with any of the	860
provisions of this section or with any procedure for conducting	861
lineups that has been adopted by a law enforcement agency or	862
criminal justice agency pursuant to division (B) of this section	863
and that conforms to any provision of divisions (B)(1) to (5) of	864
this section shall be admissible in support of any claim of	865
eyewitness misidentification resulting from or related to the	866
lineup as long as that evidence otherwise is admissible.	867

(3) When evidence of a failure to comply with any of the	868
provisions of this section, or with any procedure for conducting	869
lineups that has been adopted by a law enforcement agency or	870
criminal justice agency pursuant to division (B) of this section	871
and that conforms to any provision of divisions (B)(1) to (5) of	872
this section, is presented at trial, the jury shall be instructed	873
that it may consider credible evidence of noncompliance in	874
determining the reliability of any eyewitness identification	875
resulting from or related to the lineup.	876

Sec. 2953.21.  (A)(1)(a) Any person who has been convicted of	877
a criminal offense or adjudicated a delinquent child and who	878
claims that there was such a denial or infringement of the	879
person's rights as to render the judgment void or voidable under	880
the Ohio Constitution or the Constitution of the United States,	881
and any person who has been convicted of a criminal offense that	882
is a felony,and who is an inmate, andoffender for whom DNA	883
testing that was performed under sections 2953.71 to 2953.81 of	884
the Revised Code or under former section 2953.82 of the Revised	885
Code and analyzed in the context of and upon consideration of all	886
available admissible evidence related to the inmate'sperson's	887
case as described in division (D) of section 2953.74 of the	888
Revised Code provided results that establish, by clear and	889
convincing evidence, actual innocence of that felony offense or,	890
if the person was sentenced to death, establish, by clear and	891
convincing evidence, actual innocence of the aggravating	892
circumstance or circumstances the person was found guilty of	893
committing and that is or are the basis of that sentence of	894
death, may file a petition in the court that imposed sentence,	895
stating the grounds for relief relied upon, and asking the court	896
to vacate or set aside the judgment or sentence or to grant other	897
appropriate relief. The petitioner may file a supporting	898
affidavit and other documentary evidence in support of the claim	899
for relief.	900

(b) As used in division (A)(1)(a) of this section, "actual	901
innocence" means that, had the results of the DNA testing	902
conducted under sections 2953.71 to 2953.81 of the Revised Code or	903
under former section 2953.82 of the Revised Code been presented at	904
trial, and had those results been analyzed in the context of and	905
upon consideration of all available admissible evidence related	906
to the inmate'sperson's case as described in division (D) of	907
section 2953.74 of the Revised Code, no reasonable factfinder	908
would have found the petitioner guilty of the offense of which	909
the petitioner was convicted, or, if the person was sentenced to	910
death, no reasonable factfinder would have found the petitioner	911
guilty of the aggravating circumstance or circumstances the	912
petitioner was found guilty of committing and that is or are the	913
basis of that sentence of death.	914

(c) As used in divisions (A)(1)(a) and (b) of this section,	915
"former section 2953.82 of the Revised Code" means section 2953.82	916
of the Revised Code as it existed prior to the effective date of	917
this amendment.	918

(2) Except as otherwise provided in section 2953.23 of the	919
Revised Code, a petition under division (A)(1) of this section	920
shall be filed no later than one hundred eighty days after the	921
date on which the trial transcript is filed in the court of	922
appeals in the direct appeal of the judgment of conviction or	923
adjudication or, if the direct appeal involves a sentence of	924
death, the date on which the trial transcript is filed in the	925
supreme court. If no appeal is taken, except as otherwise provided	926
in section 2953.23 of the Revised Code, the petition shall be	927
filed no later than one hundred eighty days after the expiration	928
of the time for filing the appeal.	929

(3) In a petition filed under division (A) of this section, a	930
person who has been sentenced to death may ask the court to render	931
void or voidable the judgment with respect to the conviction of	932
aggravated murder or the specification of an aggravating	933
circumstance or the sentence of death.	934

(4) A petitioner shall state in the original or amended	935
petition filed under division (A) of this section all grounds for	936
relief claimed by the petitioner. Except as provided in section	937
2953.23 of the Revised Code, any ground for relief that is not so	938
stated in the petition is waived.	939

(5) If the petitioner in a petition filed under division (A)	940
of this section was convicted of or pleaded guilty to a felony,	941
the petition may include a claim that the petitioner was denied	942
the equal protection of the laws in violation of the Ohio	943
Constitution or the United States Constitution because the	944
sentence imposed upon the petitioner for the felony was part of a	945
consistent pattern of disparity in sentencing by the judge who	946
imposed the sentence, with regard to the petitioner's race,	947
gender, ethnic background, or religion. If the supreme court	948
adopts a rule requiring a court of common pleas to maintain	949
information with regard to an offender's race, gender, ethnic	950
background, or religion, the supporting evidence for the petition	951
shall include, but shall not be limited to, a copy of that type of	952
information relative to the petitioner's sentence and copies of	953
that type of information relative to sentences that the same judge	954
imposed upon other persons.	955

(B) The clerk of the court in which the petition is filed	956
shall docket the petition and bring it promptly to the attention	957
of the court. The clerk of the court in which the petition is	958
filed immediately shall forward a copy of the petition to the	959
prosecuting attorney of that county.	960

(C) The court shall consider a petition that is timely filed	961
under division (A)(2) of this section even if a direct appeal of	962
the judgment is pending. Before granting a hearing on a petition	963
filed under division (A) of this section, the court shall	964
determine whether there are substantive grounds for relief. In	965
making such a determination, the court shall consider, in addition	966
to the petition, the supporting affidavits, and the documentary	967
evidence, all the files and records pertaining to the proceedings	968
against the petitioner, including, but not limited to, the	969
indictment, the court's journal entries, the journalized records	970
of the clerk of the court, and the court reporter's transcript.	971
The court reporter's transcript, if ordered and certified by the	972
court, shall be taxed as court costs. If the court dismisses the	973
petition, it shall make and file findings of fact and conclusions	974
of law with respect to such dismissal.	975

(D) Within ten days after the docketing of the petition, or	976
within any further time that the court may fix for good cause	977
shown, the prosecuting attorney shall respond by answer or motion.	978
Within twenty days from the date the issues are raised, either	979
party may move for summary judgment. The right to summary judgment	980
shall appear on the face of the record.	981

(E) Unless the petition and the files and records of the case	982
show the petitioner is not entitled to relief, the court shall	983
proceed to a prompt hearing on the issues even if a direct appeal	984
of the case is pending. If the court notifies the parties that it	985
has found grounds for granting relief, either party may request an	986
appellate court in which a direct appeal of the judgment is	987
pending to remand the pending case to the court.	988

(F) At any time before the answer or motion is filed, the	989
petitioner may amend the petition with or without leave or	990
prejudice to the proceedings. The petitioner may amend the	991
petition with leave of court at any time thereafter.	992

(G) If the court does not find grounds for granting relief,	993
it shall make and file findings of fact and conclusions of law and	994
shall enter judgment denying relief on the petition. If no direct	995
appeal of the case is pending and the court finds grounds for	996
relief or if a pending direct appeal of the case has been remanded	997
to the court pursuant to a request made pursuant to division (E)	998
of this section and the court finds grounds for granting relief,	999
it shall make and file findings of fact and conclusions of law and	1000
shall enter a judgment that vacates and sets aside the judgment in	1001
question, and, in the case of a petitioner who is a prisoner in	1002
custody, shall discharge or resentence the petitioner or grant a	1003
new trial as the court determines appropriate. The court also may	1004
make supplementary orders to the relief granted, concerning such	1005
matters as rearraignment, retrial, custody, and bail. If the trial	1006
court's order granting the petition is reversed on appeal and if	1007
the direct appeal of the case has been remanded from an appellate	1008
court pursuant to a request under division (E) of this section,	1009
the appellate court reversing the order granting the petition	1010
shall notify the appellate court in which the direct appeal of the	1011
case was pending at the time of the remand of the reversal and	1012
remand of the trial court's order. Upon the reversal and remand of	1013
the trial court's order granting the petition, regardless of	1014
whether notice is sent or received, the direct appeal of the case	1015
that was remanded is reinstated.	1016

(H) Upon the filing of a petition pursuant to division (A) of	1017
this section by a person sentenced to death, only the supreme	1018
court may stay execution of the sentence of death.	1019

(I)(1) If a person sentenced to death intends to file a	1020
petition under this section, the court shall appoint counsel to	1021
represent the person upon a finding that the person is indigent	1022
and that the person either accepts the appointment of counsel or	1023
is unable to make a competent decision whether to accept or reject	1024
the appointment of counsel. The court may decline to appoint	1025
counsel for the person only upon a finding, after a hearing if	1026
necessary, that the person rejects the appointment of counsel and	1027
understands the legal consequences of that decision or upon a	1028
finding that the person is not indigent.	1029

(2) The court shall not appoint as counsel under division	1030
(I)(1) of this section an attorney who represented the petitioner	1031
at trial in the case to which the petition relates unless the	1032
person and the attorney expressly request the appointment. The	1033
court shall appoint as counsel under division (I)(1) of this	1034
section only an attorney who is certified under Rule 20 of the	1035
Rules of Superintendence for the Courts of Ohio to represent	1036
indigent defendants charged with or convicted of an offense for	1037
which the death penalty can be or has been imposed. The	1038
ineffectiveness or incompetence of counsel during proceedings	1039
under this section does not constitute grounds for relief in a	1040
proceeding under this section, in an appeal of any action under	1041
this section, or in an application to reopen a direct appeal.	1042

(3) Division (I) of this section does not preclude attorneys	1043
who represent the state of Ohio from invoking the provisions of 28	1044
U.S.C. 154 with respect to capital cases that were pending in	1045
federal habeas corpus proceedings prior to July 1, 1996, insofar	1046
as the petitioners in those cases were represented in proceedings	1047
under this section by one or more counsel appointed by the court	1048
under this section or section 120.06, 120.16, 120.26, or 120.33 of	1049
the Revised Code and those appointed counsel meet the requirements	1050
of division (I)(2) of this section.	1051

(J) Subject to the appeal of a sentence for a felony that is	1052
authorized by section 2953.08 of the Revised Code, the remedy set	1053
forth in this section is the exclusive remedy by which a person	1054
may bring a collateral challenge to the validity of a conviction	1055
or sentence in a criminal case or to the validity of an	1056
adjudication of a child as a delinquent child for the commission	1057
of an act that would be a criminal offense if committed by an	1058
adult or the validity of a related order of disposition.	1059

Sec. 2953.23.  (A) Whether a hearing is or is not held on a	1060
petition filed pursuant to section 2953.21 of the Revised Code, a	1061
court may not entertain a petition filed after the expiration of	1062
the period prescribed in division (A) of that section or a second	1063
petition or successive petitions for similar relief on behalf of a	1064
petitioner unless division (A)(1) or (2) of this section applies:	1065

(1) Both of the following apply:

1066

(a) Either the petitioner shows that the petitioner was	1067
unavoidably prevented from discovery of the facts upon which the	1068
petitioner must rely to present the claim for relief, or,	1069
subsequent to the period prescribed in division (A)(2) of section	1070
2953.21 of the Revised Code or to the filing of an earlier	1071
petition, the United States Supreme Court recognized a new federal	1072
or state right that applies retroactively to persons in the	1073
petitioner's situation, and the petition asserts a claim based on	1074
that right.	1075

(b) The petitioner shows by clear and convincing evidence	1076
that, but for constitutional error at trial, no reasonable	1077
factfinder would have found the petitioner guilty of the offense	1078
of which the petitioner was convicted or, if the claim challenges	1079
a sentence of death that, but for constitutional error at the	1080
sentencing hearing, no reasonable factfinder would have found the	1081
petitioner eligible for the death sentence.	1082

(2) The petitioner was convicted of a felony, the petitioner	1083
is an inmateoffender for whom DNA testing was performed under	1084
sections 2953.71 to 2953.81 of the Revised Code or under former	1085
section 2953.82 of the Revised Code and analyzed in the context	1086
of and upon consideration of all available admissible evidence	1087
related to the inmate's case as described in division (D) of	1088
section 2953.74 of the Revised Code, and the results of the DNA	1089
testing establish, by clear and convincing evidence, actual	1090
innocence of that felony offense or, if the person was sentenced	1091
to death, establish, by clear and convincing evidence, actual	1092
innocence of the aggravating circumstance or circumstances the	1093
person was found guilty of committing and that is or are the	1094
basis of that sentence of death.	1095

As used in this division, "actual innocence" has the same	1096
meaning as in division (A)(1)(b) of section 2953.21 of the Revised	1097
Code, and "former section 2953.82 of the Revised Code" has the	1098
same meaning as in division (A)(1)(c) of section 2953.21 of the	1099
Revised Code.	1100

(B) An order awarding or denying relief sought in a petition	1101
filed pursuant to section 2953.21 of the Revised Code is a final	1102
judgment and may be appealed pursuant to Chapter 2953. of the	1103
Revised Code.	1104

Sec. 2953.56. (A) A court that enters a judgment that vacates	1105
and sets aside the conviction of a person because of DNA testing	1106
that was performed under sections 2953.71 to 2953.81 of the	1107
Revised Code or under section 2953.82 of the Revised Code shall	1108
issue ninety days after the court vacates and sets aside the	1109
conviction an order directing that all official records	1110
pertaining to the case involving the vacated conviction be sealed	1111
and that the proceedings in the case shall be deemed not to have	1112
occurred.	1113

(B) As used in sections 2953.56 to 2953.59 of the Revised	1114
Code, "official records" has the same meaning as in section	1115
2953.51 of the Revised Code.	1116

Sec. 2953.57.  (A) The court shall send notice of an order to	1117
seal official records issued pursuant to section 2953.56 of the	1118
Revised Code to any public office or agency that the court knows	1119
or has reason to believe may have any record of the case, whether	1120
or not it is an official record, that is the subject of the order.	1121
The notice shall be sent by certified mail, return receipt	1122
requested.	1123

(B) A person whose official records have been sealed pursuant	1124
to an order issued pursuant to section 2953.56 of the Revised Code	1125
may present a copy of that order and a written request to comply	1126
with it, to a public office or agency that has a record of the	1127
case that is the subject of the order.	1128

(C) An order to seal official records issued pursuant to	1129
section 2953.56 of the Revised Code applies to every public office	1130
or agency that has a record of the case that is the subject of the	1131
order, regardless of whether it receives a copy of the order to	1132
seal the official records pursuant to division (A) or (B) of this	1133
section.	1134

(D) Upon receiving a copy of an order to seal official	1135
records pursuant to division (A) or (B) of this section or upon	1136
otherwise becoming aware of an applicable order to seal official	1137
records issued pursuant to section 2953.56 of the Revised Code, a	1138
public office or agency shall comply with the order and, if	1139
applicable, with the provisions of section 2953.58 of the Revised	1140
Code, except that it may maintain a record of the case that is the	1141
subject of the order if the record is maintained for the purpose	1142
of compiling statistical data only and does not contain any	1143
reference to the person who is the subject of the case and the	1144
order.	1145

A public office or agency also may maintain an index of	1146
sealed official records, in a form similar to that for sealed	1147
records of conviction as set forth in division (F) of section	1148
2953.32 of the Revised Code, access to which may not be afforded	1149
to any person other than the person who has custody of the sealed	1150
official records. The sealed official records to which such an	1151
index pertains shall not be available to any person, except that	1152
the official records of a case that have been sealed may be made	1153
available to the following persons for the following purposes:	1154

(1) To the person who is the subject of the records upon	1155
written application, and to any other person named in the	1156
application, for any purpose;	1157

(2) To a law enforcement officer who was involved in the	1158
case, for use in the officer's defense of a civil action arising	1159
out of the officer's involvement in that case.	1160

Sec. 2953.58.  (A) Except as otherwise provided in Chapter	1161
2950. of the Revised Code, upon the issuance of an order by a	1162
court under section 2953.56 of the Revised Code directing that all	1163
official records pertaining to a case be sealed and that the	1164
proceedings in the case be deemed not to have occurred:	1165

(1) Every law enforcement officer possessing records or	1166
reports pertaining to the case that are the officer's specific	1167
investigatory work product and that are excepted from the	1168
definition of "official records" contained in section 2953.51 of	1169
the Revised Code shall immediately deliver the records and reports	1170
to the officer's employing law enforcement agency. Except as	1171
provided in division (A)(3) of this section, no such officer shall	1172
knowingly release, disseminate, or otherwise make the records and	1173
reports or any information contained in them available to, or	1174
discuss any information contained in them with, any person not	1175
employed by the officer's employing law enforcement agency.	1176

(2) Every law enforcement agency that possesses records or	1177
reports pertaining to the case that are its specific investigatory	1178
work product and that are excepted from the definition of	1179
"official records" contained in section 2953.51 of the Revised	1180
Code, or that are the specific investigatory work product of a law	1181
enforcement officer it employs and that were delivered to it under	1182
division (A)(1) of this section shall, except as provided in	1183
division (A)(3) of this section, close the records and reports to	1184
all persons who are not directly employed by the law enforcement	1185
agency and shall, except as provided in division (A)(3) of this	1186
section, treat the records and reports, in relation to all persons	1187
other than those who are directly employed by the law enforcement	1188
agency, as if they did not exist and had never existed. Except as	1189
provided in division (A)(3) of this section, no person who is	1190
employed by the law enforcement agency shall knowingly release,	1191
disseminate, or otherwise make the records and reports in the	1192
possession of the employing law enforcement agency or any	1193
information contained in them available to, or discuss any	1194
information contained in them with, any person not employed by the	1195
employing law enforcement agency.	1196

(3) A law enforcement agency that possesses records or	1197
reports pertaining to the case that are its specific investigatory	1198
work product and that are excepted from the definition of	1199
"official records" contained in division (D) of section 2953.51 of	1200
the Revised Code, or that are the specific investigatory work	1201
product of a law enforcement officer it employs and that were	1202
delivered to it under division (A)(1) of this section may permit	1203
another law enforcement agency to use the records or reports in	1204
the investigation of another offense, if the facts incident to the	1205
offense being investigated by the other law enforcement agency and	1206
the facts incident to an offense that is the subject of the case	1207
are reasonably similar and if all references to the name or	1208
identifying information of the person whose records were sealed	1209
are redacted from the records or reports. The agency that provides	1210
the records and reports may not provide the other agency with the	1211
name of the person who is the subject of the case the records of	1212
which were sealed.	1213

(B) Whoever violates division (A)(1), (2), or (3) of this	1214
section is guilty of divulging confidential information, a	1215
misdemeanor of the fourth degree.	1216

Sec. 2953.59.  (A) In any application for employment,	1217
license, or any other right or privilege, any appearance as a	1218
witness, or any other inquiry, a person may not be questioned with	1219
respect to any record that has been sealed pursuant to section	1220
2953.56 of the Revised Code. If an inquiry is made in violation of	1221
this section, the person whose official record was sealed may	1222
respond as if the arrest underlying the case to which the sealed	1223
official records pertain and all other proceedings in that case	1224
did not occur, and the person whose official record was sealed	1225
shall not be subject to any adverse action because of the arrest,	1226
the proceedings, or the person's response.	1227

(B) An officer or employee of the state or any of its	1228
political subdivisions who knowingly releases, disseminates, or	1229
makes available for any purpose involving employment, bonding,	1230
licensing, or education to any person or to any department,	1231
agency, or other instrumentality of the state, or of any of its	1232
political subdivisions, any information or other data concerning	1233
any arrest, complaint, indictment, information, trial,	1234
adjudication, or correctional supervision, the records of which	1235
have been sealed pursuant to section 2953.56 of the Revised Code,	1236
is guilty of divulging confidential information, a misdemeanor of	1237
the fourth degree.	1238

Sec. 2953.71. As used in sections 2953.71 to 2953.83 of the	1239
Revised Code:	1240

(A) "Application" or "application for DNA testing" means a	1241
request through postconviction relief for the state to do DNA	1242
testing on biological material from whichever of the following is	1243
applicable:	1244

(1) The case in which the inmateoffender was convicted of	1245
the offense for which the inmate is an eligible inmateoffender	1246
and is requesting the DNA testing under sections 2953.71 to	1247
2953.81 of the Revised Code;	1248

(2) The case in which the inmate pleaded guilty or no	1249
contest to the offense for which the inmate is requesting the DNA	1250
testing under section 2953.82 of the Revised Code.	1251

(B) "Biological material" means any product of a human body	1252
containing DNA.	1253

(C) "Chain of custody" means a record or other evidence that	1254
tracks a subject sample of biological material from the time the	1255
biological material was first obtained until the time it currently	1256
exists in its place of storage and, in relation to a DNA sample, a	1257
record or other evidence that tracks the DNA sample from the time	1258
it was first obtained until it currently exists in its place of	1259
storage. For purposes of this division, examples of when	1260
biological material or a DNA sample is first obtained include, but	1261
are not limited to, obtaining the material or sample at the scene	1262
of a crime, from a victim, from an inmateoffender, or in any	1263
other manner or time as is appropriate in the facts and	1264
circumstances present.	1265

(D) "Custodial agency" means the group or entity that has the	1266
responsibility to maintain biological material in question.	1267

(E) "Custodian" means the person who is the primary	1268
representative of a custodial agency.	1269

(F) "Eligible inmateoffender" means an inmateoffender who	1270
is eligible under division (C) of section 2953.72 of the Revised	1271
Code to request DNA testing to be conducted under sections 2953.71	1272
to 2953.81 of the Revised Code.	1273

(G) "Exclusion" or "exclusion result" means a result of DNA	1274
testing that scientifically precludes or forecloses the subject	1275
inmateoffender as a contributor of biological material recovered	1276
from the crime scene or victim in question, in relation to the	1277
offense for which the inmateoffender is an eligible inmate	1278
offender and for which the sentence of death or prison term was	1279
imposed upon the inmate or, regarding a request for DNA testing	1280
made under section 2953.82 of the Revised Code, in relation to	1281
the offense for which the inmate made the request and for which	1282
the sentence of death or prison term was imposed upon the inmate	1283
offender.	1284

(H) "Extracting personnel" means medically approved personnel	1285
who are employed to physically obtain an inmateoffender's DNA	1286
specimen for purposes of DNA testing under sections 2953.71 to	1287
2953.81 or section 2953.82 of the Revised Code.	1288

(I) "Inclusion" or "inclusion result" means a result of DNA	1289
testing that scientifically cannot exclude, or that holds	1290
accountable, the subject inmateoffender as a contributor of	1291
biological material recovered from the crime scene or victim in	1292
question, in relation to the offense for which the inmateoffender	1293
is an eligible inmateoffender and for which the sentence of death	1294
or prison term was imposed upon the inmate or, regarding a	1295
request for DNA testing made under section 2953.82 of the Revised	1296
Code, in relation to the offense for which the inmate made the	1297
request and for which the sentence of death or prison term was	1298
imposed upon the inmateoffender.	1299

(J) "Inconclusive" or "inconclusive result" means a result of	1300
DNA testing that is rendered when a scientifically appropriate and	1301
definitive DNA analysis or result, or both, cannot be determined.	1302

(K) "InmateOffender" means an inmate in a prisona criminal	1303
offender who was sentenced by a court, or by a jury and a court,	1304
of this state.	1305

(L) "Outcome determinative" means that had the results of DNA	1306
testing of the subject inmateoffender been presented at the trial	1307
of the subject inmateoffender requesting DNA testing and been	1308
found relevant and admissible with respect to the felony offense	1309
for which the inmateoffender is an eligible inmateoffender and	1310
is requesting the DNA testing or for which the inmateis	1311
requesting the DNA testing under section 2953.82 of the Revised	1312
Code, and had those results been analyzed in the context of and	1313
upon consideration of all available admissible evidence related to	1314
the inmate'soffender's case as described in division (D) of	1315
section 2953.74 of the Revised Code, there is a strong probability	1316
that no reasonable factfinder would have found the inmateoffender	1317
guilty of that offense or, if the inmateoffender was sentenced to	1318
death relative to that offense, would have found the inmate	1319
offender guilty of the aggravating circumstance or circumstances	1320
the inmateoffender was found guilty of committing and that is or	1321
are the basis of that sentence of death.	1322

(M) "Parent sample" means the biological material first	1323
obtained from a crime scene or a victim of an offense for which an	1324
inmateoffender is an eligible inmate or for which the inmate is	1325
requesting the DNA testing under section 2953.82 of the Revised	1326
Codeoffender, and from which a sample will be presently taken to	1327
do a DNA comparison to the DNA of the subject inmateoffender	1328
under sections 2953.71 to 2953.81 or section 2953.82 of the	1329
Revised Code.	1330

(N) "Prison" hasand "community control sanction" have the	1331
same meaningmeanings as in section 2929.01 of the Revised Code.	1332

(O) "Prosecuting attorney" means the prosecuting attorney	1333
who, or whose office, prosecuted the case in which the subject	1334
inmateoffender was convicted of the offense for which the inmate	1335
offender is an eligible inmateoffender and is requesting the DNA	1336
testing or for which the inmate is requesting the DNA testing	1337
under section 2953.82 of the Revised Code.	1338

(P) "Prosecuting authority" means the prosecuting attorney or	1339
the attorney general.	1340

(Q) "Reasonable diligence" means a degree of diligence that	1341
is comparable to the diligence a reasonable person would employ in	1342
searching for information regarding an important matter in the	1343
person's own life.	1344

(R) "Testing authority" means a laboratory at which DNA	1345
testing will be conducted under sections 2953.71 to 2953.81 or	1346
section 2953.82 of the Revised Code.	1347

(S) "Parole" and "post-release control" have the same	1348
meanings as in section 2967.01 of the Revised Code.	1349

(T) "Sexually oriented offense" and "child-victim oriented	1350
offense" have the same meanings as in section 2950.01 of the	1351
Revised Code.	1352

(U) "Definitive DNA test" means a DNA test that clearly	1353
establishes that biological material from the perpetrator of the	1354
crime was recovered from the crime scene and also clearly	1355
establishes whether or not the biological material is that of the	1356
eligible inmate. A prior DNA test is not definitive if the	1357
eligible inmate proves by a preponderance of the evidence that	1358
because of advances in DNA technology there is a possibility of	1359
discovering new biological material from the perpetrator that the	1360
prior DNA test may have failed to discover. Prior testing may have	1361
been a prior "definitive DNA test" as to some biological evidence	1362
but may not have been a prior "definitive DNA test" as to other	1363
biological evidence.	1364

Sec. 2953.72. (A) Any eligible inmateoffender who wishes to	1365
request DNA testing under sections 2953.71 to 2953.81 of the	1366
Revised Code shall submit an application for the testing to the	1367
court of common pleas specified in section 2953.73 of the Revised	1368
Code, on a form prescribed by the attorney general for this	1369
purpose. The eligible inmateoffender shall submit the application	1370
in accordance with the procedures set forth in section 2953.73 of	1371
the Revised Code. The eligible inmateoffender shall specify on	1372
the application the offense or offenses for which the inmate	1373
offender is an eligible inmateoffender and is requesting the DNA	1374
testing. Along with the application, the eligible inmateoffender	1375
shall submit an acknowledgment that is on a form prescribed by the	1376
attorney general for this purpose and that is signed by the inmate	1377
offender. The acknowledgment shall set forth all of the following:	1378

(1) That sections 2953.71 to 2953.81 of the Revised Code	1379
contemplate applications for DNA testing of an eligible inmates	1380
offender at a stage of a prosecution or case after the inmate	1381
offender has been sentenced to a prison term or a sentence of	1382
death, that any exclusion or inclusion result of DNA testing	1383
rendered pursuant to those sections may be used by a party in any	1384
proceeding as described in section 2953.81 of the Revised Code,	1385
and that all requests for any DNA testing made at trial will	1386
continue to be handled by the prosecuting attorney in the case;	1387

(2) That the process of conducting postconviction DNA testing	1388
for an eligible inmateoffender under sections 2953.71 to 2953.81	1389
of the Revised Code begins when the inmateoffender submits an	1390
application under section 2953.73 of the Revised Code and the	1391
acknowledgment described in this section;	1392

(3) That the eligible inmateoffender must submit the	1393
application and acknowledgment to the court of common pleas that	1394
heard the case in which the inmateoffender was convicted of the	1395
offense for which the inmateoffender is an eligible offender and	1396
is requesting the DNA testing;	1397

(4) That the state has established a set of criteria set	1398
forth in section 2953.74 of the Revised Code by which eligible	1399
inmateoffender applications for DNA testing will be screened and	1400
that a judge of a court of common pleas upon receipt of a properly	1401
filed application and accompanying acknowledgment will apply those	1402
criteria to determine whether to accept or reject the application;	1403

(5) That the results of DNA testing conducted under sections	1404
2953.71 to 2953.81 of the Revised Code will be provided as	1405
described in section 2953.81 of the Revised Code to all parties in	1406
the postconviction proceedings and will be reported to various	1407
courts;	1408

(6) That, if DNA testing is conducted with respect to an	1409
inmateoffender under sections 2953.71 to 2953.81 of the Revised	1410
Code, the state will not offer the inmateoffender a retest if an	1411
inclusion result is achieved relative to the testing and that, if	1412
the state were to offer a retest after an inclusion result, the	1413
policy would create an atmosphere in which endless testing could	1414
occur and in which postconviction proceedings could be stalled for	1415
many years;	1416

(7) That, if the court rejects an eligible inmate's	1417
offender's application for DNA testing because the inmateoffender	1418
does not satisfy the acceptance criteria described in division	1419
(A)(4) of this section, the court will not accept or consider	1420
subsequent applications;	1421

(8) That the acknowledgment memorializes the provisions of	1422
sections 2953.71 to 2953.81 of the Revised Code with respect to	1423
the application of postconviction DNA testing to inmates	1424
offenders, that those provisions do not give any inmateoffender	1425
any additional constitutional right that the inmateoffender did	1426
not already have, that the court has no duty or obligation to	1427
provide postconviction DNA testing to inmatesoffenders, that the	1428
court of common pleas has the sole discretion subject to an appeal	1429
as described in this division to determine whether an inmate	1430
offender is an eligible inmateoffender and whether an eligible	1431
inmate'soffender's application for DNA testing satisfies the	1432
acceptance criteria described in division (A)(4) of this section	1433
and whether the application should be accepted or rejected, that	1434
if the court of common pleas rejects an eligible inmate's	1435
offender's application, the inmateoffender may seek leave of the	1436
supreme court to appeal the rejection to that court if the inmate	1437
offender was sentenced to death for the offense for which the	1438
inmateoffender is requesting the DNA testing and, if the inmate	1439
offender was not sentenced to death for that offense, may appeal	1440
the rejection to the court of appeals, and that no determination	1441
otherwise made by the court of common pleas in the exercise of its	1442
discretion regarding the eligibility of an inmateoffender or	1443
regarding postconviction DNA testing under those provisions is	1444
reviewable by or appealable to any court;	1445

(9) That the manner in which sections 2953.71 to 2953.81 of	1446
the Revised Code with respect to the offering of postconviction	1447
DNA testing to inmatesoffenders are carried out does not confer	1448
any constitutional right upon any inmateoffender, that the state	1449
has established guidelines and procedures relative to those	1450
provisions to ensure that they are carried out with both justice	1451
and efficiency in mind, and that an inmateoffender who	1452
participates in any phase of the mechanism contained in those	1453
provisions, including, but not limited to, applying for DNA	1454
testing and being rejected, having an application for DNA testing	1455
accepted and not receiving the test, or having DNA testing	1456
conducted and receiving unfavorable results, does not gain as a	1457
result of the participation any constitutional right to challenge,	1458
or, except as provided in division (A)(8) of this section, any	1459
right to any review or appeal of, the manner in which those	1460
provisions are carried out;	1461

(10) That the most basic aspect of sections 2953.71 to	1462
2953.81 of the Revised Code is that, in order for DNA testing to	1463
occur, there must be an inmateoffender sample against which other	1464
evidence may be compared, that, if an eligible inmate'soffender's	1465
application is accepted but the inmateoffender subsequently	1466
refuses to submit to the collection of the sample of biological	1467
material from the inmateoffender or hinders the state from	1468
obtaining a sample of biological material from the inmate	1469
offender, the goal of those provisions will be frustrated, and	1470
that an inmate'soffender's refusal or hindrance shall cause the	1471
court to rescind its prior acceptance of the application for DNA	1472
testing for the inmateoffender and deny the application;	1473

(11) That, if the inmate is an inmate who pleaded guilty or	1474
no contest to a felony offense and who is using the application	1475
and acknowledgment to request DNA testing under section 2953.82	1476
of the Revised Code, all references in the acknowledgment to an	1477
"eligible inmate" are considered to be references to, and apply	1478
to, the inmate and all references in the acknowledgment to	1479
"sections 2953.71 to 2953.81 of the Revised Code" are considered	1480
to be references to "section 2953.82 of the Revised Code."	1481

(B) The attorney general shall prescribe a form to be used to	1482
make an application for DNA testing under division (A) of this	1483
section and section 2953.73 of the Revised Code and a form to be	1484
used to provide the acknowledgment described in division (A) of	1485
this section. The forms shall include all information described in	1486
division (A) of this section, spaces for an inmateoffender to	1487
insert all information necessary to complete the forms, including,	1488
but not limited to, specifying the offense or offenses for which	1489
the inmateoffender is an eligible inmateoffender and is	1490
requesting the DNA testing or for which the inmate is requesting	1491
the DNA testing under section 2953.82 of the Revised Code, and	1492
any other information or material the attorney general determines	1493
is necessary or relevant. The forms also shall be used to make an	1494
application requesting DNA testing under section 2953.82 of the	1495
Revised Code, and the attorney general shall ensure that they are	1496
sufficient for that type of use, and that they include all	1497
information and spaces necessary for that type of use. The	1498
attorney general shall distribute copies of the prescribed forms	1499
to the department of rehabilitation and correction, the	1500
department shall ensure that each prison in which inmates	1501
offenders are housed has a supply of copies of the forms, and the	1502
department shall ensure that copies of the forms are provided free	1503
of charge to any inmateoffender who requests them.	1504

(C)(1) An inmateoffender is eligible to request DNA testing	1505
to be conducted under sections 2953.71 to 2953.81 of the Revised	1506
Code only if all of the following apply:	1507

(a) The offense for which the inmateoffender claims to be an	1508
eligible inmateoffender is a felony, and the inmateoffender was	1509
convicted by a judge or jury of that offense.	1510

(b) One of the following applies:

1511

(i) The inmateoffender was sentenced to a prison term or	1512
sentence of death for the felony described in division (C)(1)(a)	1513
of this section, and the offender is in prison serving that prison	1514
term or under that sentence of death, has been paroled or is on	1515
probation regarding that felony, is under post-release control	1516
regarding that felony, or has been released from that prison term	1517
and is under a community control sanction regarding that felony.	1518

(ii) The offender was not sentenced to a prison term or	1519
sentence of death for the felony described in division (C)(1)(a)	1520
of this section, but was sentenced to a community control sanction	1521
for that felony and is under that community control sanction.	1522

(iii) The felony described in division (C)(1)(a) of this	1523
section was a sexually oriented offense or child-victim oriented	1524
offense, and the offender has a duty to comply with sections	1525
2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code	1526
relative to that felony.	1527

(c) On the date on which the application is filed, the inmate	1528
has at least one year remaining on the prison term described in	1529
division (C)(1)(b) of this section, or the inmate is in prison	1530
under a sentence of death as described in that division.	1531

(2) An inmateoffender is not an eligible inmateoffender	1532
under division (C)(1) of this section regarding any offense to	1533
which the inmateoffender pleaded guilty or no contest.	1534

(3) An offender is not an eligible offender under division	1535
(C)(1) of this section regarding any offense if the offender dies	1536
prior to submitting an application for DNA testing related to that	1537
offense under section 2953.73 of the Revised Code.	1538

Sec. 2953.73. (A) An eligible inmateoffender who wishes to	1539
request DNA testing to be conducted under sections 2953.71 to	1540
2953.81 of the Revised Code shall submit an application for DNA	1541
testing on a form prescribed by the attorney general for this	1542
purpose and shall submit the form to the court of common pleas	1543
that sentenced the inmateoffender for the offense for which the	1544
inmateoffender is an eligible inmateoffender and is requesting	1545
DNA testing.	1546

(B) If an eligible inmateoffender submits an application for	1547
DNA testing under division (A) of this section, upon the	1548
submission of the application, all of the following apply:	1549

(1) The eligible inmateoffender shall serve a copy of the	1550
application on the prosecuting attorney and the attorney general.	1551

(2) The application shall be assigned to the judge of that	1552
court of common pleas who was the trial judge in the case in which	1553
the eligible inmateoffender was convicted of the offense for	1554
which the inmateoffender is requesting DNA testing, or, if that	1555
judge no longer is a judge of that court, it shall be assigned	1556
according to court rules. The judge to whom the application is	1557
assigned shall decide the application. The application shall	1558
become part of the file in the case.	1559

(C) If an eligible inmateoffender submits an application for	1560
DNA testing under division (A) of this section, regardless of	1561
whether the inmateoffender has commenced any federal habeas	1562
corpus proceeding relative to the case in which the inmate	1563
offender was convicted of the offense for which the inmate	1564
offender is an eligible inmateoffender and is requesting DNA	1565
testing, any response to the application by the prosecuting	1566
attorney or the attorney general shall be filed not later than	1567
forty-five days after the date on which the eligible inmate	1568
offender submits the application. The prosecuting attorney or the	1569
attorney general, or both, may, but are not required to, file a	1570
response to the application. If the prosecuting attorney or the	1571
attorney general files a response under this division, the	1572
prosecuting attorney or attorney general, whoever filed the	1573
response, shall serve a copy of the response on the eligible	1574
inmateoffender.	1575

(D) If an eligible inmateoffender submits an application for	1576
DNA testing under division (A) of this section, the court shall	1577
make the determination as to whether the application should be	1578
accepted or rejected. The court shall expedite its review of the	1579
application. The court shall make the determination in accordance	1580
with the criteria and procedures set forth in sections 2953.74 to	1581
2953.81 of the Revised Code and, in making the determination,	1582
shall consider the application, the supporting affidavits, and the	1583
documentary evidence and, in addition to those materials, shall	1584
consider all the files and records pertaining to the proceedings	1585
against the applicant, including, but not limited to, the	1586
indictment, the court's journal entries, the journalized records	1587
of the clerk of the court, and the court reporter's transcript and	1588
all responses to the application filed under division (C) of this	1589
section by a prosecuting attorney or the attorney general, unless	1590
the application and the files and records show the applicant is	1591
not entitled to DNA testing, in which case the application may be	1592
denied. The court is not required to conduct an evidentiary	1593
hearing in conducting its review of, and in making its	1594
determination as to whether to accept or reject, the application.	1595
Upon making its determination, the court shall enter a judgment	1596
and order that either accepts or rejects the application and that	1597
includes within the judgment and order the reasons for the	1598
acceptance or rejection as applied to the criteria and procedures	1599
set forth in sections 2953.71 to 2953.81 of the Revised Code. The	1600
court shall send a copy of the judgment and order to the eligible	1601
inmateoffender who filed it, the prosecuting attorney, and the	1602
attorney general.	1603

(E) A judgment and order of a court entered under division	1604
(D) of this section is appealable only as provided in this	1605
division. If an eligible inmateoffender submits an application	1606
for DNA testing under section 2953.73 of the Revised Code and the	1607
court of common pleas rejects the application under division (D)	1608
of this section, one of the following applies:	1609

(1) If the inmateoffender was sentenced to death for the	1610
offense for which the inmateoffender claims to be an eligible	1611
inmateoffender and is requesting DNA testing, the inmateoffender	1612
may seek leave of the supreme court to appeal the rejection to the	1613
supreme court. Courts of appeals do not have jurisdiction to	1614
review any rejection if the inmateoffender was sentenced to death	1615
for the offense for which the inmateoffender claims to be an	1616
eligible inmateoffender and is requesting DNA testing.	1617

(2) If the inmateoffender was not sentenced to death for the	1618
offense for which the inmateoffender claims to be an eligible	1619
inmateoffender and is requesting DNA testing, the rejection is a	1620
final appealable order, and the inmateoffender may appeal it to	1621
the court of appeals of the district in which is located that	1622
court of common pleas.	1623

(F) Notwithstanding any provision of law regarding fees and	1624
costs, no filing fee shall be required of, and no court costs	1625
shall be assessed against, an eligible offender who is indigent	1626
and who submits an application under this section.	1627

(G) If a court rejects an eligible inmate'soffender's	1628
application for DNA testing under division (D) of this section,	1629
unless the rejection is overturned on appeal, no court shall	1630
require the state to administer a DNA test under sections 2953.71	1631
to 2953.81 of the Revised Code on the eligible inmateoffender.	1632

Sec. 2953.74. (A) If an eligible inmateoffender submits an	1633
application for DNA testing under section 2953.73 of the Revised	1634
Code and a prior definitive DNA test has been conducted regarding	1635
the same biological evidence that the inmateoffender seeks to	1636
have tested, the court shall reject the inmate'soffender's	1637
application. If an eligible inmateoffender files an application	1638
for DNA testing and a prior inconclusive DNA test has been	1639
conducted regarding the same biological evidence that the inmate	1640
offender seeks to have tested, the court shall review the	1641
application and has the discretion, on a case-by-case basis, to	1642
either accept or reject the application. The court may direct a	1643
testing authority to provide the court with information that the	1644
court may use in determining whether prior DNA test results were	1645
definitive or inconclusive and whether to accept or reject an	1646
application in relation to which there were prior inconclusive DNA	1647
test results.	1648

(B) If an eligible inmateoffender submits an application for	1649
DNA testing under section 2953.73 of the Revised Code, the court	1650
may accept the application only if one of the following applies:	1651

(1) The inmateoffender did not have a DNA test taken at the	1652
trial stage in the case in which the inmateoffender was convicted	1653
of the offense for which the inmateoffender is an eligible inmate	1654
offender and is requesting the DNA testing regarding the same	1655
biological evidence that the inmateoffender seeks to have tested,	1656
the inmateoffender shows that DNA exclusion when analyzed in the	1657
context of and upon consideration of all available admissible	1658
evidence related to the subject inmate'soffender's case as	1659
described in division (D) of this section would have been outcome	1660
determinative at that trial stage in that case, and, at the time	1661
of the trial stage in that case, DNA testing was not generally	1662
accepted, the results of DNA testing were not generally admissible	1663
in evidence, or DNA testing was not yet available.	1664

(2) The inmateoffender had a DNA test taken at the trial	1665
stage in the case in which the inmateoffender was convicted of	1666
the offense for which the inmateoffender is an eligible inmate	1667
offender and is requesting the DNA testing regarding the same	1668
biological evidence that the inmateoffender seeks to have	1669
tested, the test was not a prior definitive DNA test that is	1670
subject to division (A) of this section, and the inmateoffender	1671
shows that DNA exclusion when analyzed in the context of and upon	1672
consideration of all available admissible evidence related to the	1673
subject inmate'soffender's case as described in division (D) of	1674
this section would have been outcome determinative at the trial	1675
stage in that case.	1676

(C) If an eligible inmateoffender submits an application for	1677
DNA testing under section 2953.73 of the Revised Code, the court	1678
may accept the application only if all of the following apply:	1679

(1) The court determines pursuant to section 2953.75 of the	1680
Revised Code that biological material was collected from the crime	1681
scene or the victim of the offense for which the inmateoffender	1682
is an eligible inmateoffender and is requesting the DNA testing	1683
and that the parent sample of that biological material against	1684
which a sample from the inmateoffender can be compared still	1685
exists at that point in time.	1686

(2) The testing authority determines all of the following	1687
pursuant to section 2953.76 of the Revised Code regarding the	1688
parent sample of the biological material described in division	1689
(C)(1) of this section:	1690

(a) The parent sample of the biological material so collected	1691
contains scientifically sufficient material to extract a test	1692
sample.	1693

(b) The parent sample of the biological material so collected	1694
is not so minute or fragile as to risk destruction of the parent	1695
sample by the extraction described in division (C)(2)(a) of this	1696
section; provided that the court may determine in its discretion,	1697
on a case-by-case basis, that, even if the parent sample of the	1698
biological material so collected is so minute or fragile as to	1699
risk destruction of the parent sample by the extraction, the	1700
application should not be rejected solely on the basis of that	1701
risk.	1702

(c) The parent sample of the biological material so collected	1703
has not degraded or been contaminated to the extent that it has	1704
become scientifically unsuitable for testing, and the parent	1705
sample otherwise has been preserved, and remains, in a condition	1706
that is scientifically suitable for testing.	1707

(3) The court determines that, at the trial stage in the case	1708
in which the inmateoffender was convicted of the offense for	1709
which the inmateoffender is an eligible inmateoffender and is	1710
requesting the DNA testing, the identity of the person who	1711
committed the offense was an issue.	1712

(4) The court determines that one or more of the defense	1713
theories asserted by the inmateoffender at the trial stage in the	1714
case described in division (C)(3) of this section or in a retrial	1715
of that case in a court of this state was of such a nature that,	1716
if DNA testing is conducted and an exclusion result is obtained,	1717
the exclusion result will be outcome determinative.	1718

(5) The court determines that, if DNA testing is conducted	1719
and an exclusion result is obtained, the results of the testing	1720
will be outcome determinative regarding that inmateoffender.	1721

(6) The court determines pursuant to section 2953.76 of the	1722
Revised Code from the chain of custody of the parent sample of the	1723
biological material to be tested and of any test sample extracted	1724
from the parent sample, and from the totality of circumstances	1725
involved, that the parent sample and the extracted test sample are	1726
the same sample as collected and that there is no reason to	1727
believe that they have been out of state custody or have been	1728
tampered with or contaminated since they were collected.	1729

(D) If an eligible inmateoffender submits an application for	1730
DNA testing under section 2953.73 of the Revised Code, the court,	1731
in determining whether the "outcome determinative" criterion	1732
described in divisions (B)(1) and (2) of this section has been	1733
satisfied, shall consider all available admissible evidence	1734
related to the subject inmate'soffender's case.	1735

(E) If an eligible inmateoffender submits an application for	1736
DNA testing under section 2953.73 of the Revised Code and the	1737
court accepts the application, the eligible inmateoffender may	1738
request the court to order, or the court on its own initiative may	1739
order, the bureau of criminal identification and investigation to	1740
compare the results of DNA testing of biological material from an	1741
unidentified person other than the inmateoffender that was	1742
obtained from the crime scene or from a victim of the offense for	1743
which the inmateoffender has been approved for DNA testing to the	1744
combined DNA index system maintained by the federal bureau of	1745
investigation.	1746

If the bureau, upon comparing the test results to the	1747
combined DNA index system, determines the identity of the person	1748
who is the contributor of the biological material, the bureau	1749
shall provide that information to the court that accepted the	1750
application, the inmateoffender, and the prosecuting attorney.	1751
The inmateoffender or the state may use the information for any	1752
lawful purpose.	1753

If the bureau, upon comparing the test results to the	1754
combined DNA index system, is unable to determine the identity of	1755
the person who is the contributor of the biological material, the	1756
bureau may compare the test results to other previously obtained	1757
and acceptable DNA test results of any person whose identity is	1758
known other than the eligible inmateoffender. If the bureau, upon	1759
comparing the test results to the DNA test results of any person	1760
whose identity is known, determines that the person whose identity	1761
is known is the contributor of the biological material, the bureau	1762
shall provide that information to the court that accepted the	1763
application, the inmateoffender, and the prosecuting attorney.	1764
The inmateoffender or the state may use the information for any	1765
lawful purpose.	1766

Sec. 2953.75. (A) If an eligible inmateoffender submits an	1767
application for DNA testing under section 2953.73 of the Revised	1768
Code, the court shall require the prosecuting attorney to use	1769
reasonable diligence to determine whether biological material was	1770
collected from the crime scene or victim of the offense for which	1771
the inmateoffender is an eligible inmateoffender and is	1772
requesting the DNA testing against which a sample from the inmate	1773
offender can be compared and whether the parent sample of that	1774
biological material still exists at that point in time. In using	1775
reasonable diligence to make those determinations, the prosecuting	1776
attorney shall rely upon all relevant sources, including, but not	1777
limited to, all of the following:	1778

(1) All prosecuting authorities in the case in which the	1779
inmateoffender was convicted of the offense for which the inmate	1780
offender is an eligible inmateoffender and is requesting the DNA	1781
testing and in the appeals of, and postconviction proceedings	1782
related to, that case;	1783

(2) All law enforcement authorities involved in the	1784
investigation of the offense for which the inmateoffender is an	1785
eligible offender and is requesting the DNA testing;	1786

(3) All custodial agencies involved at any time with the	1787
biological material in question;	1788

(4) The custodian of all custodial agencies described in	1789
division (A)(3) of this section;	1790

(5) All crime laboratories involved at any time with the	1791
biological material in question;	1792

(6) All other reasonable sources.

1793

(B) The prosecuting attorney shall prepare a report that	1794
contains the prosecuting attorney's determinations made under	1795
division (A) of this section and shall file a copy of the report	1796
with the court and provide a copy to the eligible inmateoffender	1797
and the attorney general.	1798

Sec. 2953.76. If an eligible inmateoffender submits an	1799
application for DNA testing under section 2953.73 of the Revised	1800
Code, the court shall require the prosecuting attorney to consult	1801
with the testing authority and to prepare findings regarding the	1802
quantity and quality of the parent sample of the biological	1803
material collected from the crime scene or victim of the offense	1804
for which the inmateoffender is an eligible inmateoffender and	1805
is requesting the DNA testing and that is to be tested, and of the	1806
chain of custody and reliability regarding that parent sample, as	1807
follows:	1808

(A) The testing authority shall determine whether there is a	1809
scientifically sufficient quantity of the parent sample to test	1810
and whether the parent sample is so minute or fragile that there	1811
is a substantial risk that the parent sample could be destroyed in	1812
testing. The testing authority may determine that there is not a	1813
sufficient quantity to test in order to preserve the state's	1814
ability to present in the future the original evidence presented	1815
at trial, if another trial is required. Upon making its	1816
determination under this division, the testing authority shall	1817
prepare a written document that contains its determination and the	1818
reasoning and rationale for that determination and shall provide a	1819
copy to the court, the eligible inmateoffender, the prosecuting	1820
attorney, and the attorney general. The court may determine in its	1821
discretion, on a case-by-case basis, that, even if the parent	1822
sample of the biological material so collected is so minute or	1823
fragile as to risk destruction of the parent sample by the	1824
extraction, the application should not be rejected solely on the	1825
basis of that risk.	1826

(B) The testing authority shall determine whether the parent	1827
sample has degraded or been contaminated to the extent that it has	1828
become scientifically unsuitable for testing and whether the	1829
parent sample otherwise has been preserved, and remains, in a	1830
condition that is suitable for testing. Upon making its	1831
determination under this division, the testing authority shall	1832
prepare a written document that contains its determination and the	1833
reasoning and rationale for that determination and shall provide a	1834
copy to the court, the eligible inmateoffender, the prosecuting	1835
attorney, and the attorney general.	1836

(C) The court shall determine, from the chain of custody of	1837
the parent sample of the biological material to be tested and of	1838
any test sample extracted from the parent sample and from the	1839
totality of circumstances involved, whether the parent sample and	1840
the extracted test sample are the same sample as collected and	1841
whether there is any reason to believe that they have been out of	1842
state custody or have been tampered with or contaminated since	1843
they were collected. Upon making its determination under this	1844
division, the court shall prepare and retain a written document	1845
that contains its determination and the reasoning and rationale	1846
for that determination.	1847

Sec. 2953.77.  (A) If an eligible inmateoffender submits an	1848
application for DNA testing under section 2953.73 of the Revised	1849
Code and if the application is accepted and DNA testing is to be	1850
performed, the court shall require that the chain of custody	1851
remain intact and that all of the applicable following precautions	1852
are satisfied to ensure that the parent sample of the biological	1853
material collected from the crime scene or the victim of the	1854
offense for which the inmateoffender is an eligible inmate	1855
offender and requested the DNA testing, and the test sample of the	1856
parent sample that is extracted and actually is to be tested, are	1857
not contaminated during transport or the testing process:	1858

(1) The court shall require that the chain of custody be	1859
maintained and documented relative to the parent sample and the	1860
test sample actually to be tested between the time they are	1861
removed from their place of storage or the time of their	1862
extraction to the time at which the DNA testing will be performed.	1863

(2) The court, the testing authority, and the law enforcement	1864
and prosecutorial personnel involved in the process, or any	1865
combination of those entities and persons, shall coordinate the	1866
transport of the parent sample and the test sample actually to be	1867
tested between their place of storage and the place where the DNA	1868
testing will be performed, and the court and testing authority	1869
shall document the transport procedures so used.	1870

(3) The testing authority shall determine and document the	1871
custodian of the parent sample and the test sample actually to be	1872
tested after they are in the possession of the testing authority.	1873

(4) The testing authority shall maintain and preserve the	1874
parent sample and the test sample actually to be tested after they	1875
are in the possession of the testing authority and shall document	1876
the maintenance and preservation procedures used.	1877

(5) After the DNA testing, the court, the testing authority,	1878
and the original custodial agency of the parent sample, or any	1879
combination of those entities, shall coordinate the return of the	1880
remaining parent sample back to its place of storage with the	1881
original custodial agency or to any other place determined in	1882
accordance with this division and section 2953.81 of the Revised	1883
Code. The court shall determine, in consultation with the testing	1884
authority, the custodial agency to maintain any newly created,	1885
extracted, or collected DNA material resulting from the testing.	1886
The court and testing authority shall document the return	1887
procedures for original materials and for any newly created,	1888
extracted, or collected DNA material resulting from the testing,	1889
and also the custodial agency to which those materials should be	1890
taken.	1891

(B) A court or testing authority shall provide the	1892
documentation required under division (A) of this section in	1893
writing and shall maintain that documentation.	1894

Sec. 2953.78.  (A) If an eligible inmateoffender submits an	1895
application for DNA testing under section 2953.73 of the Revised	1896
Code and if the application is accepted and DNA testing is to be	1897
performed, the court shall select the testing authority to be used	1898
for the testing. A court shall not select or use a testing	1899
authority for DNA testing unless the attorney general approves or	1900
designates the testing authority pursuant to division (C) of this	1901
section and unless the testing authority satisfies the criteria	1902
set forth in section 2953.80 of the Revised Code.	1903

(B) If a court selects a testing authority pursuant to	1904
division (A) of this section and the eligible inmateoffender for	1905
whom the test is to be performed objects to the use of the	1906
selected testing authority, the court shall rescind its prior	1907
acceptance of the application for DNA testing for the inmate	1908
offender and deny the application. An objection as described in	1909
this division, and the resulting rescission and denial, do not	1910
preclude a court from accepting in the court's discretion, a	1911
subsequent application by the same eligible inmateoffender	1912
requesting DNA testing.	1913

(C) The attorney general shall approve or designate testing	1914
authorities that may be selected and used to conduct DNA testing,	1915
shall prepare a list of the approved or designated testing	1916
authorities, and shall provide copies of the list to all courts of	1917
common pleas. The attorney general shall update the list as	1918
appropriate to reflect changes in the approved or designated	1919
testing authorities and shall provide copies of the updated list	1920
to all courts of common pleas. The attorney general shall not	1921
approve or designate a testing authority under this division	1922
unless the testing authority satisfies the criteria set forth in	1923
section 2953.80 of the Revised Code. A testing authority that is	1924
equipped to handle advanced DNA testing may be approved or	1925
designated under this division, provided it satisfies the criteria	1926
set forth in that section.	1927

(D) The attorney general's approval or designation of testing	1928
authorities under division (C) of this section, and the selection	1929
and use of any approved or designated testing authority, do not	1930
afford an inmateoffender any right to subsequently challenge the	1931
approval, designation, selection, or use, and an inmateoffender	1932
may not appeal to any court the approval, designation, selection,	1933
or use of a testing authority.	1934

Sec. 2953.79.  (A) If an eligible inmateoffender submits an	1935
application for DNA testing under section 2953.73 of the Revised	1936
Code and if the application is accepted and DNA testing is to be	1937
performed, a sample of biological material shall be obtained from	1938
the inmateoffender in accordance with this section, to be	1939
compared with the parent sample of biological material collected	1940
from the crime scene or the victim of the offense for which the	1941
inmateoffender is an eligible inmateoffender and requested the	1942
DNA testing. The inmate'soffender's filing of the application	1943
constitutes the inmate'soffender's consent to the obtaining of	1944
the sample of biological material from the inmateoffender. The	1945
testing authority shall obtain the sample of biological material	1946
from the inmateoffender in accordance with medically accepted	1947
procedures.	1948

(B) If DNA testing is to be performed for an inmateoffender	1949
as described in division (A) of this section, the court shall	1950
require the state to coordinate with the department of	1951
rehabilitation and correction or the other state agency or entity	1952
of local government with custody of the offender, whichever is	1953
applicable, as to the time and place at which the sample of	1954
biological material will be obtained from the inmateoffender. The	1955
If the offender is in prison or is in custody in another facility	1956
at the time the DNA testing is to be performed, the sample of	1957
biological material shall be obtained from the inmateoffender at	1958
the facility in which the inmateoffender is housed, and the	1959
department of rehabilitation and correction or the other state	1960
agency or entity of local government with custody of the offender,	1961
whichever is applicable, shall make the inmateoffender available	1962
at the specified time. The court shall require the state to	1963
provide notice to the inmateoffender and to the inmate's	1964
offender's counsel of the date on which, and the time and place at	1965
which, the sample will be so obtained.	1966

The court also shall require the state to coordinate with the	1967
testing authority regarding the obtaining of the sample from the	1968
inmateoffender.	1969

(C)(1) If DNA testing is to be performed for an inmate	1970
offender as described in division (A) of this section, and the	1971
inmateoffender refuses to submit to the collection of the sample	1972
of biological material from the inmateoffender or hinders the	1973
state from obtaining a sample of biological material from the	1974
inmateoffender, the court shall rescind its prior acceptance of	1975
the application for DNA testing for the inmateoffender and deny	1976
the application.	1977

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

1978

(a) An inmate'soffender's "refusal to submit to the	1979
collection of a sample of biological material from the inmate	1980
offender" includes, but is not limited to, the inmate'soffender's	1981
rejection of the physical manner in which a sample of the inmate's	1982
offender's biological material is to be taken.	1983

(b) An inmate'soffender's "hindrance of the state in	1984
obtaining a sample of biological material from the inmate	1985
offender" includes, but is not limited to, the inmateoffender	1986
being physically or verbally uncooperative or antagonistic in the	1987
taking of a sample of the inmate'soffender's biological material.	1988

(D) The extracting personnel shall make the determination as	1989
to whether an eligible inmateoffender for whom DNA testing is to	1990
be performed is refusing to submit to the collection of a sample	1991
of biological material from the inmateoffender or is hindering	1992
the state from obtaining a sample of biological material from the	1993
inmateoffender at the time and date of the scheduled collection	1994
of the sample. If the extracting personnel determine that an	1995
inmateoffender is refusing to submit to the collection of a	1996
sample or is hindering the state from obtaining a sample, the	1997
extracting personnel shall document in writing the conditions that	1998
constitute the refusal or hindrance, maintain the documentation,	1999
and notify the court of the inmate'soffender's refusal or	2000
hindrance.	2001

Sec. 2953.81. If an eligible offender submits an application	2002
for DNA testing under section 2953.73 of the Revised Code and if	2003
DNA testing is performed based on that application, upon	2004
completion of the testing, all of the following apply:	2005

(A) The court or a designee of the court shall require the	2006
state to maintain the results of the testing and to maintain and	2007
preserve both the parent sample of the biological material used	2008
and the inmateoffender sample of the biological material used.	2009
The testing authority may be designated as the person to maintain	2010
the results of the testing or to maintain and preserve some or all	2011
of the samples, or both. The results of the testing remain state's	2012
evidence. The samples shall be preserved during the entire period	2013
of time for which the inmateoffender is imprisoned or confined	2014
relative to the prison term or sentence of death in question and,	2015
if that prison term expires or the inmate is executed under that	2016
sentence of death, is on parole or probation relative to that	2017
sentence, is under post-release control or a community control	2018
sanction relative to that sentence, or has a duty to comply with	2019
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	2020
Code relative to that sentence. Additionally, if the prison term	2021
or confinement under the sentence in question expires, if the	2022
sentence in question is a sentence of death and the offender is	2023
executed, or if the parole or probation period, the period of	2024
post-release control, the community control sanction, or the duty	2025
to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of	2026
the Revised Code under the sentence in question ends, the samples	2027
shall be preserved for a reasonable period of time of not less	2028
than twenty-four months after the term or confinement expires or,	2029
the inmateoffender is executed, or the parole or probation	2030
period, the period of post-release control, the community control	2031
sanction, or the duty to comply with sections 2950.04, 2950.041,	2032
2950.05, and 2950.06 of the Revised Code ends, whichever is	2033
applicable. The court shall determine the period of time that is	2034
reasonable for purposes of this division, provided that the period	2035
shall not be less than twenty-four months after the term or	2036
confinement expires or, the inmateoffender is executed, or the	2037
parole or probation period, the period of post-release control,	2038
the community control sanction, or the duty to comply with	2039
sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised	2040
Code ends, whichever is applicable.	2041

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

2042

(C) The court or the testing authority shall provide a copy	2043
of the results of the testing to the prosecuting attorney, the	2044
attorney general, and the subject inmateoffender.	2045

(D) If the postconviction proceeding in question is pending	2046
at that time in a court of this state, the court of common pleas	2047
that decided the DNA application or the testing authority shall	2048
provide a copy of the results of the testing to any court of this	2049
state, and, if it is pending in a federal court, the court of	2050
common pleas that decided the DNA application or the testing	2051
authority shall provide a copy of the results of the testing to	2052
that federal court.	2053

(E) The testing authority shall provide a copy of the results	2054
of the testing to the court of common pleas that decided the DNA	2055
application.	2056

(F) The inmateoffender or the state may enter the results of	2057
the testing into any proceeding.	2058

Sec. 2953.83.  In any court proceeding under sections 2953.71	2059
to 2953.822953.81 of the Revised Code, the Rules of Criminal	2060
Procedure apply, except to the extent that sections 2953.71 to	2061
2953.822953.81 of the Revised Code provide a different procedure	2062
or to the extent that the Rules would by their nature be clearly	2063
inapplicable.	2064

Sec. 2953.84.  The provisions of sections 2953.71 to 2953.82	2065
2953.81 of the Revised Code by which an inmateoffender may	2066
obtain postconviction DNA testing are not the exclusive means by	2067
which an inmateoffender may obtain postconviction DNA testing,	2068
and the provisions of those sections do not limit or affect any	2069
other means by which an inmateoffender may obtain postconviction	2070
DNA testing.	2071

Section 2. That existing sections 109.573, 2901.07, 2953.21,	2072
2953.23, 2953.71, 2953.72, 2953.73, 2953.74, 2953.75, 2953.76,	2073
2953.77, 2953.78, 2953.79, 2953.81, 2953.83, and 2953.84 and	2074
section 2953.82 of the Revised Code are hereby repealed.	2075

Section 3. (A) The General Assembly acknowledges the Supreme	2076
Court's authority in prescribing rules governing practice and	2077
procedure in the courts of this state as provided in Section 5 of	2078
Article IV of the Ohio Constitution.	2079

(B) The General Assembly hereby requests the Supreme Court to	2080
adopt rules prescribing specific procedures to be followed for the	2081
administration by law enforcement agencies and criminal justice	2082
entities in this state of photo lineups, live lineups, and	2083
showups. The General Assembly also requests that any rules adopted	2084
by the Supreme Court be consistent with the requirements of	2085
divisions (B) and (C) of section 2933.83 of the Revised Code. If	2086
the Supreme Court adopts rules of the type described in this	2087
division, on and after the date on which the rules take effect,	2088
law enforcement agencies and criminal justice entities in this	2089
state shall comply with the rules in conducting live lineups,	2090
photo lineups, and showups.	2091

(C) The General Assembly hereby requests the Supreme Court to	2092
adopt rules prescribing a cautionary jury charge about eyewitness	2093
identification procedures and the accuracy of eyewitness	2094
identification. If the Supreme Court adopts rules of the type	2095
described in this division, on and after the effective date on	2096
which the rules take effect, the jury charge shall be used in the	2097
courts of this state in the manner specified by the Supreme Court	2098
in the rules.	2099