As Introduced

130th General Assembly
Regular Session
2013-2014
S. B. No. 316


Senator Cafaro 

Cosponsors: Senators Turner, Brown, Schiavoni 



A BILL
To amend sections 109.573 and 2933.82 of the Revised 1
Code to require a law enforcement agency to review 2
the agency's records pertaining to sexually 3
oriented offenses within one year and to forward 4
the contents of a sexual assault examination kit 5
in the agency's possession to the Bureau of 6
Criminal Identification and Investigation or 7
another crime laboratory for DNA analysis based on 8
the outcome of the agency's review, to require a 9
law enforcement agency to forward the contents of 10
a sexual assault examination kit to the Bureau of 11
Criminal Identification and Investigation or 12
another crime laboratory for DNA analysis within 13
twenty days after the agency determines that one 14
or more persons may have committed or participated 15
in a sexually oriented offense or another offense 16
committed during the course of a sexually oriented 17
offense, and to prioritize the order in which the 18
DNA specimens forwarded by law enforcement 19
agencies undergo DNA analysis.20


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

       Section 1. That sections 109.573 and 2933.82 of the Revised 21
Code be amended to read as follows:22

       Sec. 109.573.  (A) As used in this section:23

       (1) "DNA" means human deoxyribonucleic acid.24

       (2) "DNA analysis" means a laboratory analysis of a DNA 25
specimen to identify DNA characteristics and to create a DNA 26
record.27

       (3) "DNA database" means a collection of DNA records from 28
forensic casework or from crime scenes, specimens from anonymous 29
and unidentified sources, and records collected pursuant to 30
sections 2152.74 and 2901.07 of the Revised Code and a population 31
statistics database for determining the frequency of occurrence of 32
characteristics in DNA records.33

       (4) "DNA record" means the objective result of a DNA analysis 34
of a DNA specimen, including representations of DNA fragment 35
lengths, digital images of autoradiographs, discrete allele 36
assignment numbers, and other DNA specimen characteristics that 37
aid in establishing the identity of an individual.38

       (5) "DNA specimen" includes human blood cells or 39
physiological tissues or body fluids.40

       (6) "Unidentified person database" means a collection of DNA 41
records, and, on and after May 21, 1998, of fingerprint and 42
photograph records, of unidentified human corpses, human remains, 43
or living individuals.44

       (7) "Relatives of missing persons database" means a 45
collection of DNA records of persons related by consanguinity to a 46
missing person.47

       (8) "Law enforcement agency" means a police department, the 48
office of a sheriff, the state highway patrol, a county 49
prosecuting attorney, or a federal, state, or local governmental 50
body that enforces criminal laws and that has employees who have a 51
statutory power of arrest.52

       (9) "Administration of criminal justice" means the 53
performance of detection, apprehension, detention, pretrial 54
release, post-trial release, prosecution, adjudication, 55
correctional supervision, or rehabilitation of accused persons or 56
criminal offenders. "Administration of criminal justice" also 57
includes criminal identification activities and the collection, 58
storage, and dissemination of criminal history record information.59

       (B)(1) The superintendent of the bureau of criminal 60
identification and investigation may do all of the following:61

       (a) Establish and maintain a state DNA laboratory to perform 62
DNA analyses of DNA specimens;63

       (b) Establish and maintain a DNA database;64

       (c) Establish and maintain an unidentified person database to 65
aid in the establishment of the identity of unknown human corpses, 66
human remains, or living individuals;67

       (d) Establish and maintain a relatives of missing persons 68
database for comparison with the unidentified person database to 69
aid in the establishment of the identity of unknown human corpses, 70
human remains, and living individuals.71

       (2) If the bureau of criminal identification and 72
investigation establishes and maintains a DNA laboratory and a DNA 73
database, the bureau may use or disclose information regarding DNA 74
records for the following purposes:75

       (a) The bureau may disclose information to a law enforcement 76
agency for the administration of criminal justice.77

       (b) The bureau shall disclose pursuant to a court order 78
issued under section 3111.09 of the Revised Code any information 79
necessary to determine the existence of a parent and child 80
relationship in an action brought under sections 3111.01 to 81
3111.18 of the Revised Code.82

       (c) The bureau may use or disclose information from the 83
population statistics database, for identification research and 84
protocol development, or for quality control purposes.85

       (3) If the bureau of criminal identification and 86
investigation establishes and maintains a relatives of missing 87
persons database, all of the following apply:88

       (a) If a person has disappeared and has been continuously 89
absent from the person's place of last domicile for a thirty-day 90
or longer period of time without being heard from during the 91
period, persons related by consanguinity to the missing person may 92
submit to the bureau a DNA specimen, the bureau may include the 93
DNA record of the specimen in the relatives of missing persons 94
database, and, if the bureau does not include the DNA record of 95
the specimen in the relatives of missing persons database, the 96
bureau shall retain the DNA record for future reference and 97
inclusion as appropriate in that database.98

       (b) The bureau shall not charge a fee for the submission of a 99
DNA specimen pursuant to division (B)(3)(a) of this section.100

       (c) If the DNA specimen submitted pursuant to division 101
(B)(3)(a) of this section is collected by withdrawing blood from 102
the person or a similarly invasive procedure, a physician, 103
registered nurse, licensed practical nurse, duly licensed clinical 104
laboratory technician, or other qualified medical practitioner 105
shall conduct the collection procedure for the DNA specimen 106
submitted pursuant to division (B)(3)(a) of this section and shall 107
collect the DNA specimen in a medically approved manner. If the 108
DNA specimen is collected by swabbing for buccal cells or a 109
similarly noninvasive procedure, division (B)(3)(c) of this 110
section does not require that the DNA specimen be collected by a 111
qualified medical practitioner of that nature. No later than 112
fifteen days after the date of the collection of the DNA specimen, 113
the person conducting the DNA specimen collection procedure shall 114
cause the DNA specimen to be forwarded to the bureau of criminal 115
identification and investigation in accordance with procedures 116
established by the superintendent of the bureau under division (H) 117
of this section. The bureau may provide the specimen vials, 118
mailing tubes, labels, postage, and instruction needed for the 119
collection and forwarding of the DNA specimen to the bureau.120

       (d) The superintendent, in the superintendent's discretion, 121
may compare DNA records in the relatives of missing persons 122
database with the DNA records in the unidentified person database.123

       (4) If the bureau of criminal identification and 124
investigation establishes and maintains an unidentified person 125
database and if the superintendent of the bureau identifies a 126
matching DNA record for the DNA record of a person or deceased 127
person whose DNA record is contained in the unidentified person 128
database, the superintendent shall inform the coroner who 129
submitted or the law enforcement agency that submitted the DNA 130
specimen to the bureau of the match and, if possible, of the 131
identity of the unidentified person.132

       (5) The bureau of criminal identification and investigation 133
may enter into a contract with a qualified public or private 134
laboratory to perform DNA analyses, DNA specimen maintenance, 135
preservation, and storage, DNA record keeping, and other duties 136
required of the bureau under this section. A public or private 137
laboratory under contract with the bureau shall follow quality 138
assurance and privacy requirements established by the 139
superintendent of the bureau.140

       (C) The superintendent of the bureau of criminal 141
identification and investigation shall establish procedures for 142
entering into the DNA database the DNA records submitted pursuant 143
to sections 2152.74 and 2901.07 of the Revised Code and for 144
determining an order of priority for entry of the DNA records 145
based on the types of offenses committed by the persons whose 146
records are submitted and the available resources of the bureau.147

       (D) When a DNA record is derived from a DNA specimen provided 148
pursuant to section 2152.74 or 2901.07 of the Revised Code, the 149
bureau of criminal identification and investigation shall attach 150
to the DNA record personal identification information that 151
identifies the person from whom the DNA specimen was taken. The 152
personal identification information may include the subject 153
person's fingerprints and any other information the bureau 154
determines necessary. The DNA record and personal identification 155
information attached to it shall be used only for the purpose of 156
personal identification or for a purpose specified in this 157
section.158

       (E) DNA records, DNA specimens, fingerprints, and photographs 159
that the bureau of criminal identification and investigation 160
receives pursuant to this section and sections 313.08, 2152.74, 161
and 2901.07, and 2933.82 of the Revised Code and personal 162
identification information attached to a DNA record are not public 163
records under section 149.43 of the Revised Code.164

       (F) The bureau of criminal identification and investigation 165
may charge a reasonable fee for providing information pursuant to 166
this section to any law enforcement agency located in another 167
state.168

       (G)(1) No person who because of the person's employment or 169
official position has access to a DNA specimen, a DNA record, or 170
other information contained in the DNA database that identifies an 171
individual shall knowingly disclose that specimen, record, or 172
information to any person or agency not entitled to receive it or 173
otherwise shall misuse that specimen, record, or information.174

       (2) No person without authorization or privilege to obtain 175
information contained in the DNA database that identifies an 176
individual person shall purposely obtain that information.177

       (H) The superintendent of the bureau of criminal 178
identification and investigation shall establish procedures for 179
all of the following:180

       (1) The forwarding to the bureau of DNA specimens collected 181
pursuant to division (H) of this section and sections 313.08, 182
2152.74, and 2901.07, and 2933.82 of the Revised Code and of 183
fingerprints and photographs collected pursuant to section 313.08 184
of the Revised Code;185

       (2) The collection, maintenance, preservation, and analysis 186
of DNA specimens;187

       (3) The creation, maintenance, and operation of the DNA 188
database;189

       (4) The use and dissemination of information from the DNA 190
database;191

       (5) The creation, maintenance, and operation of the 192
unidentified person database;193

       (6) The use and dissemination of information from the 194
unidentified person database;195

       (7) The creation, maintenance, and operation of the relatives 196
of missing persons database;197

       (8) The use and dissemination of information from the 198
relatives of missing persons database;199

       (9) The verification of entities requesting DNA records and 200
other DNA information from the bureau and the authority of the 201
entity to receive the information;202

       (10) The operation of the bureau and responsibilities of 203
employees of the bureau with respect to the activities described 204
in this section.205

       (I) In conducting DNA analyses of DNA specimens, the state 206
DNA laboratory and any laboratory with which the bureau has 207
entered into a contract pursuant to division (B)(5) of this 208
section shall give DNA analyses of DNA specimens that relate to 209
ongoing criminal investigations or prosecutions or that are 210
forwarded by law enforcement agencies pursuant to divisions 211
(B)(2)(a) and (b) of section 2933.82 of the Revised Code priority 212
over DNA analyses of DNA specimens that relate to applications 213
made pursuant to section 2953.73 of the Revised Code. The state 214
DNA laboratory and any laboratory under contract with the bureau 215
to perform DNA analyses shall prioritize DNA analysis of the DNA 216
specimens forwarded by law enforcement agencies pursuant to 217
divisions (B)(2)(a) and (b) of section 2933.82 of the Revised Code 218
according to the period of time remaining under section 2901.13 of 219
the Revised Code for commencing the prosecution of a criminal 220
offense related to the DNA specimens.221

       (J) The attorney general may develop procedures for entering 222
into the national DNA index system the DNA records submitted 223
pursuant to division (B)(1) of section 2901.07 of the Revised 224
Code.225

       Sec. 2933.82.  (A) As used in this section:226

       (1)(a) "Biological evidence" means any of the following:227

       (i) The contents of a sexual assault examination kit;228

       (ii) Any item that contains blood, semen, hair, saliva, skin 229
tissue, fingernail scrapings, bone, bodily fluids, or any other 230
identifiable biological material that was collected as part of a 231
criminal investigation or delinquent child investigation and that 232
reasonably may be used to incriminate or exculpate any person for 233
an offense or delinquent act. 234

       (b) The definition of "biological evidence" set forth in 235
division (A)(1)(a) of this section applies whether the material in 236
question is cataloged separately, such as on a slide or swab or in 237
a test tube, or is present on other evidence, including, but not 238
limited to, clothing, ligatures, bedding or other household 239
material, drinking cups or containers, or cigarettes.240

       (2) "Biological material" has the same meaning as in section 241
2953.71 of the Revised Code.242

       (3) "DNA," has"DNA analysis," "DNA database," and "DNA 243
record" have the same meaningmeanings as in section 109.573 of 244
the Revised Code.245

       (4) "Profile" means a unique identifier of an individual, 246
derived from DNA.247

       (5) "Prosecutor" has the same meaning as in section 2935.01 248
of the Revised Code.249

       (6)(5) "Governmental evidence-retention entity" means all of 250
the following:251

       (a) Any law enforcement agency, prosecutor's office, court, 252
public hospital, crime laboratory, or other governmental or public 253
entity or individual within this state that is charged with the 254
collection, storage, or retrieval of biological evidence;255

       (b) Any official or employee of any entity or individual 256
described in division (A)(6)(5)(a) of this section. 257

       (6) "Sexually oriented offense" has the same meaning as in 258
section 2950.01 of the Revised Code.259

       (B)(1) Each governmental evidence-retention entity that 260
secures any biological evidence in relation to an investigation or 261
prosecution of a criminal offense or delinquent act that is a 262
violation of section 2903.01, 2903.02, or 2903.03, a violation of 263
section 2903.04 or 2903.06 that is a felony of the first or second 264
degree, a violation of section 2907.02 or 2907.03 or division 265
(A)(4) or (B) of section 2907.05 of the Revised Code, or an 266
attempt to commit a violation of section 2907.02 of the Revised 267
Code shall secure the biological evidence for whichever of the 268
following periods of time is applicable: 269

       (a) For a violation of section 2903.01 or 2903.02 of the 270
Revised Code, for the period of time that the offense or act 271
remains unsolved;272

       (b) For a violation of section 2903.03, a violation of 273
section 2903.04 or 2903.06 that is a felony of the first or second 274
degree, a violation of section 2907.02 or 2907.03 or of division 275
(A)(4) or (B) of section 2907.05 of the Revised Code, or an 276
attempt to commit a violation of section 2907.02 of the Revised 277
Code, for a period of thirty years if the offense or act remains 278
unsolved;279

       (c) If any person is convicted of or pleads guilty to the 280
offense, or is adjudicated a delinquent child for committing the 281
delinquent act, for the earlier of the following: (i) the 282
expiration of the latest of the following periods of time that 283
apply to the person: the period of time that the person is 284
incarcerated, is in a department of youth services institution or 285
other juvenile facility, is under a community control sanction for 286
that offense, is under any order of disposition for that act, is 287
on probation or parole for that offense, is under judicial release 288
or supervised release for that act, is under post-release control 289
for that offense, is involved in civil litigation in connection 290
with that offense or act, or is subject to registration and other 291
duties imposed for that offense or act under sections 2950.04, 292
2950.041, 2950.05, and 2950.06 of the Revised Code or (ii) thirty 293
years. If after the period of thirty years the person remains 294
incarcerated, then the governmental evidence-retention entity 295
shall secure the biological evidence until the person is released 296
from incarceration or dies.297

       (2)(a) A law enforcement agency shall review and forward all 298
of the agency's records and reports pertaining to the agency's 299
investigation of a sexually oriented offense to the bureau of 300
criminal identification and investigation or another crime 301
laboratory as soon as possible, but not later than one year after 302
the effective date of this amendment. If the law enforcement 303
agency's review determines that one or more persons may have 304
committed or participated in a sexually oriented offense or 305
another offense committed during the course of a sexually oriented 306
offense and the agency is in possession of a sexual assault 307
examination kit secured during the course of the agency's 308
investigation, the agency shall forward the contents of the sexual 309
assault examination kit to the bureau of criminal identification 310
and investigation or another crime laboratory for a DNA analysis 311
of the contents of the sexual assault examination kit if a DNA 312
analysis has not previously been performed on the contents of the 313
sexual assault examination kit. The law enforcement agency shall 314
prioritize the forwarding of the contents of sexual assault 315
examination kits according to the period of time remaining for 316
commencing the prosecution of a criminal offense connected to the 317
agency's investigation as determined in accordance with section 318
2901.13 of the Revised Code.319

       (b) If an investigation is initiated on or after the 320
effective date of this amendment, and if a law enforcement agency 321
investigating a sexually oriented offense determines that one or 322
more persons may have committed or participated in a sexually 323
oriented offense or another offense committed during the course of 324
a sexually oriented offense, the law enforcement agency shall 325
forward the contents of a sexual assault examination kit in the 326
agency's possession to the bureau or another crime laboratory 327
within twenty days.328

       (c) A law enforcement agency shall be considered in the 329
possession of a sexual assault examination kit that is not in the 330
law enforcement agency's possession for purposes of divisions 331
(B)(2)(a) and (b) of this section if the sexual assault 332
examination kit contains biological evidence related to the law 333
enforcement agency's investigation of a sexually oriented offense 334
and is in the possession of another government evidence-retention 335
entity. The law enforcement agency shall be responsible for 336
retrieving the sexual assault examination kit from the government 337
evidence-retention entity and forwarding the contents of the 338
sexual assault examination kit to the bureau or another crime 339
laboratory as required under divisions (B)(2)(a) and (b) of this 340
section.341

       (d) At the request of a law enforcement agency, the bureau 342
shall provide such packages, labels, and postage to the law 343
enforcement agency as are needed for the law enforcement agency to 344
comply with divisions (B)(2)(a) and (b) of this section.345

       (e)(i) The bureau or a laboratory under contract with the 346
bureau pursuant to division (B)(5) of section 109.573 of the 347
Revised Code shall perform a DNA analysis of the contents of any 348
sexual assault examination kit forwarded to the bureau pursuant to 349
divisions (B)(2)(a) or (b) of this section as soon as possible 350
after the bureau receives the contents of the sexual assault 351
examination kit. The bureau shall enter the resulting DNA record 352
into a DNA database subject to the applicable DNA index system 353
standards. If the DNA analysis is performed by a laboratory under 354
contract with the bureau, the laboratory shall forward the 355
biological evidence to the bureau immediately after the laboratory 356
performs the DNA analysis. A crime laboratory shall either perform 357
a DNA analysis of the contents of any sexual assault examination 358
kit forwarded to the crime laboratory pursuant to divisions 359
(B)(2)(a) or (b) of this section or forward the contents of the 360
sexual assault examination kit to the bureau as soon as possible 361
after the crime laboratory receives the contents of the sexual 362
assault examination kit. If a crime laboratory performs DNA 363
analysis on the contents of a sexual assault examination kit 364
submitted pursuant to either divisions (B)(2)(a) or (b) of this 365
section, the laboratory shall forward the resulting DNA record to 366
the bureau. The bureau shall enter the crime laboratory's 367
resulting DNA record into a DNA database.368

       (ii) Upon the completion of the DNA analysis by the bureau or 369
a crime laboratory under contract with the bureau under this 370
division, the bureau shall return the contents of the sexual 371
assault examination kit to the law enforcement agency. The law 372
enforcement agency shall secure the contents of the sexual assault 373
examination kit in accordance with division (B)(1) of this 374
section, as applicable.375

       (3) This section applies to evidence likely to contain 376
biological material that was in the possession of any governmental 377
evidence-retention entity during the investigation and prosecution 378
of a criminal case or delinquent child case involving a violation 379
of section 2903.01, 2903.02, or 2903.03, a violation of section 380
2903.04 or 2903.06 that is a felony of the first or second degree, 381
a violation of section 2907.02 or 2907.03 or of division (A)(4) or 382
(B) of section 2907.05 of the Revised Code, or an attempt to 383
commit a violation of section 2907.02 of the Revised Code.384

       (3)(4) A governmental evidence-retention entity that 385
possesses biological evidence shall retain the biological evidence 386
in the amount and manner sufficient to develop a DNA profile387
record from the biological material contained in or included on 388
the evidence. 389

       (4)(5) Upon written request by the defendant in a criminal 390
case or the alleged delinquent child in a delinquent child case 391
involving a violation of section 2903.01, 2903.02, or 2903.03, a 392
violation of section 2903.04 or 2903.06 that is a felony of the 393
first or second degree, a violation of section 2907.02 or 2907.03 394
or of division (A)(4) or (B) of section 2907.05 of the Revised 395
Code, or an attempt to commit a violation of section 2907.02 of 396
the Revised Code, a governmental evidence-retention entity that 397
possesses biological evidence shall prepare an inventory of the 398
biological evidence that has been preserved in connection with the 399
defendant's criminal case or the alleged delinquent child's 400
delinquent child case. 401

       (5)(6) Except as otherwise provided in division (B)(7)(8) of 402
this section, a governmental evidence-retention entity that 403
possesses biological evidence that includes biological material 404
may destroy the evidence before the expiration of the applicable 405
period of time specified in division (B)(1) of this section if all 406
of the following apply: 407

       (a) No other provision of federal or state law requires the 408
state to preserve the evidence. 409

       (b) The governmental evidence-retention entity, by certified 410
mail, return receipt requested, provides notice of intent to 411
destroy the evidence to all of the following: 412

       (i) All persons who remain in custody, incarcerated, in a 413
department of youth services institution or other juvenile 414
facility, under a community control sanction, under any order of 415
disposition, on probation or parole, under judicial release or 416
supervised release, under post-release control, involved in civil 417
litigation, or subject to registration and other duties imposed 418
for that offense or act under sections 2950.04, 2950.041, 2950.05, 419
and 2950.06 of the Revised Code as a result of a criminal 420
conviction, delinquency adjudication, or commitment related to the 421
evidence in question; 422

       (ii) The attorney of record for each person who is in custody 423
in any circumstance described in division (B)(5)(6)(b)(i) of this 424
section if the attorney of record can be located; 425

       (iii) The state public defender; 426

       (iv) The office of the prosecutor of record in the case that 427
resulted in the custody of the person in custody in any 428
circumstance described in division (B)(5)(6)(b)(i) of this 429
section; 430

       (v) The attorney general. 431

       (c) No person who is notified under division (B)(5)(6)(b) of 432
this section does either of the following within one year after 433
the date on which the person receives the notice: 434

       (i) Files a motion for testing of evidence under sections 435
2953.71 to 2953.81 or section 2953.82 of the Revised Code;436

       (ii) Submits a written request for retention of evidence to 437
the governmental evidence-retention entity that provided notice of 438
its intent to destroy evidence under division (B)(5)(6)(b) of this 439
section. 440

       (6)(7) Except as otherwise provided in division (B)(7)(8) of 441
this section, if, after providing notice under division 442
(B)(5)(6)(b) of this section of its intent to destroy evidence, a 443
governmental evidence-retention entity receives a written request 444
for retention of the evidence from any person to whom the notice 445
is provided, the governmental evidence-retention entity shall 446
retain the evidence while the person referred to in division 447
(B)(5)(6)(b)(i) of this section remains in custody, incarcerated, 448
in a department of youth services institution or other juvenile 449
facility, under a community control sanction, under any order of 450
disposition, on probation or parole, under judicial release or 451
supervised release, under post-release control, involved in civil 452
litigation, or subject to registration and other duties imposed 453
for that offense or act under sections 2950.04, 2950.041, 2950.05, 454
and 2950.06 of the Revised Code as a result of a criminal 455
conviction, delinquency adjudication, or commitment related to the 456
evidence in question.457

       (7)(8) A governmental evidence-retention entity that 458
possesses biological evidence that includes biological material 459
may destroy the evidence five years after a person pleads guilty 460
or no contest to a violation of section 2903.01, 2903.02, or 461
2903.03, a violation of section 2903.04 or 2903.06 that is a 462
felony of the first or second degree, a violation of section 463
2907.02, 2907.03, division (A)(4) or (B) of section 2907.05, or an 464
attempt to commit a violation of section 2907.02 of the Revised 465
Code and all appeals have been exhausted unless, upon a motion to 466
the court by the person who pleaded guilty or no contest or the 467
person's attorney and notice to those persons described in 468
division (B)(5)(6)(b) of this section requesting that the evidence 469
not be destroyed, the court finds good cause as to why that 470
evidence must be retained.471

       (8)(9) A governmental evidence-retention entity shall not be 472
required to preserve physical evidence pursuant to this section 473
that is of such a size, bulk, or physical character as to render 474
retention impracticable. When retention of physical evidence that 475
otherwise would be required to be retained pursuant to this 476
section is impracticable as described in this division, the 477
governmental evidence-retention entity that otherwise would be 478
required to retain the physical evidence shall remove and preserve 479
portions of the material evidence likely to contain biological 480
evidence related to the offense, in a quantity sufficient to 481
permit future DNA testing before returning or disposing of that 482
physical evidence. 483

       (C)(1) The preservation of biological evidence task force 484
established within the bureau of criminal identification and 485
investigation under section 109.561 of the Revised Code shall 486
establish a system regarding the proper preservation of biological 487
evidence in this state. In establishing the system, the task force 488
shall do all of the following: 489

       (a) Devise standards regarding the proper collection, 490
retention, and cataloguingcataloging of biological evidence for 491
ongoing investigations and prosecutions; 492

       (b) Recommend practices, protocols, models, and resources for 493
the cataloging and accessibility of preserved biological evidence 494
already in the possession of governmental evidence-retention 495
entities. 496

       (2) In consultation with the preservation of biological 497
evidence task force described in division (C)(1) of this section, 498
the office of the attorney general shall administer and conduct 499
training programs for law enforcement officers and other relevant 500
employees who are charged with preserving and cataloging 501
biological evidence regarding the methods and procedures 502
referenced in this section.503

       Section 2. That existing sections 109.573 and 2933.82 of the 504
Revised Code are hereby repealed.505

       Section 3.  In amending sections 109.573 and 2933.82 of the 506
Revised Code in this act, the General Assembly finds and declares 507
all of the following:508

        (A) Deoxyribonucleic acid (DNA) analysis is a powerful law 509
enforcement tool for identifying and prosecuting sex offenders.510

       (B) Victims of sexually oriented offenses have a strong 511
interest in the investigation and prosecution of their cases.512

       (C) The privacy of victims of sexually oriented offenses 513
should be protected to the full extent permissible under the law.514

       (D) Law enforcement agencies have an obligation to victims of 515
sexually oriented offenses in the proper handling, retention, and 516
timely DNA analysis of DNA specimens and to be responsive to 517
victims of sexually oriented offenses concerning the development 518
of DNA records and the investigation of their cases.519

       (E) The Bureau of Criminal Identification and Investigation's 520
entry of DNA records resulting from DNA analyses of DNA specimens 521
obtained from the contents of sexual assault examination kits into 522
a DNA database makes it possible for many sex offenders to be 523
identified, provided that the contents of sexual assault 524
examination kits are analyzed in a timely manner.525

       (F) Timely DNA analysis of DNA specimens obtained from the 526
contents of sexual assault examination kits facilitates the 527
prosecution of sexually oriented offenses within the statute of 528
limitation for the offense and furthers public safety in Ohio.529