(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |