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To amend sections 109.573 and 2933.82 of the Revised | 1 |
Code to require a law enforcement agency to review | 2 |
its records pertaining to specified homicide and | 3 |
sex offenses and to forward the contents of a | 4 |
related sexual assault examination kit in its | 5 |
possession to the Bureau of Criminal | 6 |
Identification and Investigation or another crime | 7 |
laboratory for DNA analysis based on the outcome | 8 |
of the review, to require a law enforcement agency | 9 |
that initiates an investigation and determines | 10 |
that one or more persons may have committed or | 11 |
participated in a specified homicide or sex | 12 |
offense or another offense committed during the | 13 |
course of a specified homicide or sex offense to | 14 |
forward the contents of a sexual assault | 15 |
examination kit it possesses to the Bureau or | 16 |
another crime laboratory within thirty days for | 17 |
DNA analysis, and to require consideration of time | 18 |
remaining under a statute of limitations as a | 19 |
factor in prioritizing the order in which the DNA | 20 |
specimens forwarded by law enforcement agencies | 21 |
undergo DNA analysis. | 22 |
Section 1. That sections 109.573 and 2933.82 of the Revised | 23 |
Code be amended to read as follows: | 24 |
Sec. 109.573. (A) As used in this section: | 25 |
(1) "DNA" means human deoxyribonucleic acid. | 26 |
(2) "DNA analysis" means a laboratory analysis of a DNA | 27 |
specimen to identify DNA characteristics and to create a DNA | 28 |
record. | 29 |
(3) "DNA database" means a collection of DNA records from | 30 |
forensic casework or from crime scenes, specimens from anonymous | 31 |
and unidentified sources, and records collected pursuant to | 32 |
sections 2152.74 and 2901.07 of the Revised Code and a population | 33 |
statistics database for determining the frequency of occurrence of | 34 |
characteristics in DNA records. | 35 |
(4) "DNA record" means the objective result of a DNA analysis | 36 |
of a DNA specimen, including representations of DNA fragment | 37 |
lengths, digital images of autoradiographs, discrete allele | 38 |
assignment numbers, and other DNA specimen characteristics that | 39 |
aid in establishing the identity of an individual. | 40 |
(5) "DNA specimen" includes human blood cells or | 41 |
physiological tissues or body fluids. | 42 |
(6) "Unidentified person database" means a collection of DNA | 43 |
records, and, on and after May 21, 1998, of fingerprint and | 44 |
photograph records, of unidentified human corpses, human remains, | 45 |
or living individuals. | 46 |
(7) "Relatives of missing persons database" means a | 47 |
collection of DNA records of persons related by consanguinity to a | 48 |
missing person. | 49 |
(8) "Law enforcement agency" means a police department, the | 50 |
office of a sheriff, the state highway patrol, a county | 51 |
prosecuting attorney, or a federal, state, or local governmental | 52 |
body that enforces criminal laws and that has employees who have a | 53 |
statutory power of arrest. | 54 |
(9) "Administration of criminal justice" means the | 55 |
performance of detection, apprehension, detention, pretrial | 56 |
release, post-trial release, prosecution, adjudication, | 57 |
correctional supervision, or rehabilitation of accused persons or | 58 |
criminal offenders. "Administration of criminal justice" also | 59 |
includes criminal identification activities and the collection, | 60 |
storage, and dissemination of criminal history record information. | 61 |
(B)(1) The superintendent of the bureau of criminal | 62 |
identification and investigation may do all of the following: | 63 |
(a) Establish and maintain a state DNA laboratory to perform | 64 |
DNA analyses of DNA specimens; | 65 |
(b) Establish and maintain a DNA database; | 66 |
(c) Establish and maintain an unidentified person database to | 67 |
aid in the establishment of the identity of unknown human corpses, | 68 |
human remains, or living individuals; | 69 |
(d) Establish and maintain a relatives of missing persons | 70 |
database for comparison with the unidentified person database to | 71 |
aid in the establishment of the identity of unknown human corpses, | 72 |
human remains, and living individuals. | 73 |
(2) If the bureau of criminal identification and | 74 |
investigation establishes and maintains a DNA laboratory and a DNA | 75 |
database, the bureau may use or disclose information regarding DNA | 76 |
records for the following purposes: | 77 |
(a) The bureau may disclose information to a law enforcement | 78 |
agency for the administration of criminal justice. | 79 |
(b) The bureau shall disclose pursuant to a court order | 80 |
issued under section 3111.09 of the Revised Code any information | 81 |
necessary to determine the existence of a parent and child | 82 |
relationship in an action brought under sections 3111.01 to | 83 |
3111.18 of the Revised Code. | 84 |
(c) The bureau may use or disclose information from the | 85 |
population statistics database | 86 |
protocol development | 87 |
(3) If the bureau of criminal identification and | 88 |
investigation establishes and maintains a relatives of missing | 89 |
persons database, all of the following apply: | 90 |
(a) If a person has disappeared and has been continuously | 91 |
absent from the person's place of last domicile for a thirty-day | 92 |
or longer period of time without being heard from during the | 93 |
period, persons related by consanguinity to the missing person may | 94 |
submit to the bureau a DNA specimen, the bureau may include the | 95 |
DNA record of the specimen in the relatives of missing persons | 96 |
database, and, if the bureau does not include the DNA record of | 97 |
the specimen in the relatives of missing persons database, the | 98 |
bureau shall retain the DNA record for future reference and | 99 |
inclusion as appropriate in that database. | 100 |
(b) The bureau shall not charge a fee for the submission of a | 101 |
DNA specimen pursuant to division (B)(3)(a) of this section. | 102 |
(c) If the DNA specimen submitted pursuant to division | 103 |
(B)(3)(a) of this section is collected by withdrawing blood from | 104 |
the person or a similarly invasive procedure, a physician, | 105 |
registered nurse, licensed practical nurse, duly licensed clinical | 106 |
laboratory technician, or other qualified medical practitioner | 107 |
shall conduct the collection procedure for the DNA specimen | 108 |
submitted pursuant to division (B)(3)(a) of this section and shall | 109 |
collect the DNA specimen in a medically approved manner. If the | 110 |
DNA specimen is collected by swabbing for buccal cells or a | 111 |
similarly noninvasive procedure, division (B)(3)(c) of this | 112 |
section does not require that the DNA specimen be collected by a | 113 |
qualified medical practitioner of that nature. No later than | 114 |
fifteen days after the date of the collection of the DNA specimen, | 115 |
the person conducting the DNA specimen collection procedure shall | 116 |
cause the DNA specimen to be forwarded to the bureau of criminal | 117 |
identification and investigation in accordance with procedures | 118 |
established by the superintendent of the bureau under division (H) | 119 |
of this section. The bureau may provide the specimen vials, | 120 |
mailing tubes, labels, postage, and instruction needed for the | 121 |
collection and forwarding of the DNA specimen to the bureau. | 122 |
(d) The superintendent, in the superintendent's discretion, | 123 |
may compare DNA records in the relatives of missing persons | 124 |
database with the DNA records in the unidentified person database. | 125 |
(4) If the bureau of criminal identification and | 126 |
investigation establishes and maintains an unidentified person | 127 |
database and if the superintendent of the bureau identifies a | 128 |
matching DNA record for the DNA record of a person or deceased | 129 |
person whose DNA record is contained in the unidentified person | 130 |
database, the superintendent shall inform the coroner who | 131 |
submitted or the law enforcement agency that submitted the DNA | 132 |
specimen to the bureau of the match and, if possible, of the | 133 |
identity of the unidentified person. | 134 |
(5) The bureau of criminal identification and investigation | 135 |
may enter into a contract with a qualified public or private | 136 |
laboratory to perform DNA analyses, DNA specimen maintenance, | 137 |
preservation, and storage, DNA record keeping, and other duties | 138 |
required of the bureau under this section. A public or private | 139 |
laboratory under contract with the bureau shall follow quality | 140 |
assurance and privacy requirements established by the | 141 |
superintendent of the bureau. | 142 |
(C) The superintendent of the bureau of criminal | 143 |
identification and investigation shall establish procedures for | 144 |
entering into the DNA database the DNA records submitted pursuant | 145 |
to sections 2152.74 and 2901.07 of the Revised Code and for | 146 |
determining an order of priority for entry of the DNA records | 147 |
based on the types of offenses committed by the persons whose | 148 |
records are submitted and the available resources of the bureau. | 149 |
(D) When a DNA record is derived from a DNA specimen provided | 150 |
pursuant to section 2152.74 or 2901.07 of the Revised Code, the | 151 |
bureau of criminal identification and investigation shall attach | 152 |
to the DNA record personal identification information that | 153 |
identifies the person from whom the DNA specimen was taken. The | 154 |
personal identification information may include the subject | 155 |
person's fingerprints and any other information the bureau | 156 |
determines necessary. The DNA record and personal identification | 157 |
information attached to it shall be used only for the purpose of | 158 |
personal identification or for a purpose specified in this | 159 |
section. | 160 |
(E) DNA records, DNA specimens, fingerprints, and photographs | 161 |
that the bureau of criminal identification and investigation | 162 |
receives pursuant to this section and sections 313.08, 2152.74, | 163 |
164 | |
identification information attached to a DNA record are not public | 165 |
records under section 149.43 of the Revised Code. | 166 |
(F) The bureau of criminal identification and investigation | 167 |
may charge a reasonable fee for providing information pursuant to | 168 |
this section to any law enforcement agency located in another | 169 |
state. | 170 |
(G)(1) No person who because of the person's employment or | 171 |
official position has access to a DNA specimen, a DNA record, or | 172 |
other information contained in the DNA database that identifies an | 173 |
individual shall knowingly disclose that specimen, record, or | 174 |
information to any person or agency not entitled to receive it or | 175 |
otherwise shall misuse that specimen, record, or information. | 176 |
(2) No person without authorization or privilege to obtain | 177 |
information contained in the DNA database that identifies an | 178 |
individual person shall purposely obtain that information. | 179 |
(H) The superintendent of the bureau of criminal | 180 |
identification and investigation shall establish procedures for | 181 |
all of the following: | 182 |
(1) The forwarding to the bureau of DNA specimens collected | 183 |
pursuant to division (H) of this section and sections 313.08, | 184 |
2152.74, | 185 |
fingerprints and photographs collected pursuant to section 313.08 | 186 |
of the Revised Code; | 187 |
(2) The collection, maintenance, preservation, and analysis | 188 |
of DNA specimens; | 189 |
(3) The creation, maintenance, and operation of the DNA | 190 |
database; | 191 |
(4) The use and dissemination of information from the DNA | 192 |
database; | 193 |
(5) The creation, maintenance, and operation of the | 194 |
unidentified person database; | 195 |
(6) The use and dissemination of information from the | 196 |
unidentified person database; | 197 |
(7) The creation, maintenance, and operation of the relatives | 198 |
of missing persons database; | 199 |
(8) The use and dissemination of information from the | 200 |
relatives of missing persons database; | 201 |
(9) The verification of entities requesting DNA records and | 202 |
other DNA information from the bureau and the authority of the | 203 |
entity to receive the information; | 204 |
(10) The operation of the bureau and responsibilities of | 205 |
employees of the bureau with respect to the activities described | 206 |
in this section. | 207 |
(I) In conducting DNA analyses of DNA specimens, the state | 208 |
DNA laboratory and any laboratory with which the bureau has | 209 |
entered into a contract pursuant to division (B)(5) of this | 210 |
section shall give DNA analyses of DNA specimens that relate to | 211 |
ongoing criminal investigations or prosecutions or that are | 212 |
forwarded by law enforcement agencies pursuant to divisions | 213 |
(B)(2)(a) and (b) of section 2933.82 of the Revised Code priority | 214 |
over DNA analyses of DNA specimens that relate to applications | 215 |
made pursuant to section 2953.73 of the Revised Code. The state | 216 |
DNA laboratory and any laboratory under contract with the bureau | 217 |
to perform DNA analyses shall consider the period of time | 218 |
remaining under section 2901.13 of the Revised Code for commencing | 219 |
the prosecution of a criminal offense related to the DNA specimens | 220 |
as well as other relevant factors in prioritizing DNA analysis of | 221 |
the DNA specimens forwarded by law enforcement agencies pursuant | 222 |
to division (B)(2)(a) or (b) of section 2933.82 of the Revised | 223 |
Code. | 224 |
(J) The attorney general may develop procedures for entering | 225 |
into the national DNA index system the DNA records submitted | 226 |
pursuant to division (B)(1) of section 2901.07 of the Revised | 227 |
Code. | 228 |
Sec. 2933.82. (A) As used in this section: | 229 |
(1)(a) "Biological evidence" means any of the following: | 230 |
(i) The contents of a sexual assault examination kit; | 231 |
(ii) Any item that contains blood, semen, hair, saliva, skin | 232 |
tissue, fingernail scrapings, bone, bodily fluids, or any other | 233 |
identifiable biological material that was collected as part of a | 234 |
criminal investigation or delinquent child investigation and that | 235 |
reasonably may be used to incriminate or exculpate any person for | 236 |
an offense or delinquent act. | 237 |
(b) The definition of "biological evidence" set forth in | 238 |
division (A)(1)(a) of this section applies whether the material in | 239 |
question is cataloged separately, such as on a slide or swab or in | 240 |
a test tube, or is present on other evidence, including, but not | 241 |
limited to, clothing, ligatures, bedding or other household | 242 |
material, drinking cups or containers, or cigarettes. | 243 |
(2) "Biological material" has the same meaning as in section | 244 |
2953.71 of the Revised Code. | 245 |
(3) "DNA," | 246 |
and "DNA specimen" have the same | 247 |
109.573 of the Revised Code. | 248 |
(4) | 249 |
250 |
| 251 |
of the Revised Code. | 252 |
| 253 |
the following: | 254 |
(a) Any law enforcement agency, prosecutor's office, court, | 255 |
public hospital, crime laboratory, or other governmental or public | 256 |
entity or individual within this state that is charged with the | 257 |
collection, storage, or retrieval of biological evidence; | 258 |
(b) Any official or employee of any entity or individual | 259 |
described in division (A) | 260 |
(B)(1) Each governmental evidence-retention entity that | 261 |
secures any biological evidence in relation to an investigation or | 262 |
prosecution of a criminal offense or delinquent act that is a | 263 |
violation of section 2903.01, 2903.02, or 2903.03, a violation of | 264 |
section 2903.04 or 2903.06 that is a felony of the first or second | 265 |
degree, a violation of section 2907.02 or 2907.03 or division | 266 |
(A)(4) or (B) of section 2907.05 of the Revised Code, or an | 267 |
attempt to commit a violation of section 2907.02 of the Revised | 268 |
Code shall secure the biological evidence for whichever of the | 269 |
following periods of time is applicable: | 270 |
(a) For a violation of section 2903.01 or 2903.02 of the | 271 |
Revised Code, for the period of time that the offense or act | 272 |
remains unsolved; | 273 |
(b) For a violation of section 2903.03, a violation of | 274 |
section 2903.04 or 2903.06 that is a felony of the first or second | 275 |
degree, a violation of section 2907.02 or 2907.03 or of division | 276 |
(A)(4) or (B) of section 2907.05 of the Revised Code, or an | 277 |
attempt to commit a violation of section 2907.02 of the Revised | 278 |
Code, for a period of thirty years if the offense or act remains | 279 |
unsolved; | 280 |
(c) If any person is convicted of or pleads guilty to the | 281 |
offense, or is adjudicated a delinquent child for committing the | 282 |
delinquent act, for the earlier of the following: (i) the | 283 |
expiration of the latest of the following periods of time that | 284 |
apply to the person: the period of time that the person is | 285 |
incarcerated, is in a department of youth services institution or | 286 |
other juvenile facility, is under a community control sanction for | 287 |
that offense, is under any order of disposition for that act, is | 288 |
on probation or parole for that offense, is under judicial release | 289 |
or supervised release for that act, is under post-release control | 290 |
for that offense, is involved in civil litigation in connection | 291 |
with that offense or act, or is subject to registration and other | 292 |
duties imposed for that offense or act under sections 2950.04, | 293 |
2950.041, 2950.05, and 2950.06 of the Revised Code or (ii) thirty | 294 |
years. If after the period of thirty years the person remains | 295 |
incarcerated, then the governmental evidence-retention entity | 296 |
shall secure the biological evidence until the person is released | 297 |
from incarceration or dies. | 298 |
(2)(a) A law enforcement agency shall review all of its | 299 |
records and reports pertaining to its investigation of any offense | 300 |
specified in division (B)(1) of this section as soon as possible | 301 |
after the effective date of this amendment. If the law enforcement | 302 |
agency's review determines that one or more persons may have | 303 |
committed or participated in an offense specified in division | 304 |
(B)(1) of this section or another offense committed during the | 305 |
course of an offense specified in division (B)(1) of this section | 306 |
and the agency is in possession of a sexual assault examination | 307 |
kit secured during the course of the agency's investigation, as | 308 |
soon as possible, but not later than one year after the effective | 309 |
date of this amendment, the agency shall forward the contents of | 310 |
the kit to the bureau of criminal identification and investigation | 311 |
or another crime laboratory for a DNA analysis of the contents of | 312 |
the kit if a DNA analysis has not previously been performed on the | 313 |
contents of the kit. The law enforcement agency shall consider the | 314 |
period of time remaining under section 2901.13 of the Revised Code | 315 |
for commencing the prosecution of a criminal offense related to | 316 |
the DNA specimens from the kit as well as other relevant factors | 317 |
in prioritizing the forwarding of the contents of sexual assault | 318 |
examination kits. | 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 an offense specified in division (B)(1) of this | 322 |
section determines that one or more persons may have committed or | 323 |
participated in an offense specified in division (B)(1) of this | 324 |
section or another offense committed during the course of an | 325 |
offense specified in division (B)(1) of this section, the law | 326 |
enforcement agency shall forward the contents of a sexual assault | 327 |
examination kit in the agency's possession to the bureau or | 328 |
another crime laboratory within thirty days for a DNA analysis of | 329 |
the contents of the kit. | 330 |
(c) A law enforcement agency shall be considered in the | 331 |
possession of a sexual assault examination kit that is not in the | 332 |
law enforcement agency's possession for purposes of divisions | 333 |
(B)(2)(a) and (b) of this section if the sexual assault | 334 |
examination kit contains biological evidence related to the law | 335 |
enforcement agency's investigation of an offense specified in | 336 |
division (B)(1) of this section and is in the possession of | 337 |
another government evidence-retention entity. The law enforcement | 338 |
agency shall be responsible for retrieving the sexual assault | 339 |
examination kit from the government evidence-retention entity and | 340 |
forwarding the contents of the kit to the bureau or another crime | 341 |
laboratory as required under divisions (B)(2)(a) and (b) of this | 342 |
section. | 343 |
(d)(i) The bureau or a laboratory under contract with the | 344 |
bureau pursuant to division (B)(5) of section 109.573 of the | 345 |
Revised Code shall perform a DNA analysis of the contents of any | 346 |
sexual assault examination kit forwarded to the bureau pursuant to | 347 |
division (B)(2)(a) or (b) of this section as soon as possible | 348 |
after the bureau receives the contents of the kit. The bureau | 349 |
shall enter the resulting DNA record into a DNA database. If the | 350 |
DNA analysis is performed by a laboratory under contract with the | 351 |
bureau, the laboratory shall forward the biological evidence to | 352 |
the bureau immediately after the laboratory performs the DNA | 353 |
analysis. A crime laboratory shall perform a DNA analysis of the | 354 |
contents of any sexual assault examination kit forwarded to the | 355 |
crime laboratory pursuant to division (B)(2)(a) or (b) of this | 356 |
section as soon as possible after the crime laboratory receives | 357 |
the contents of the kit and shall enter the resulting DNA record | 358 |
into a DNA database subject to the applicable DNA index system | 359 |
standards. | 360 |
(ii) Upon the completion of the DNA analysis by the bureau or | 361 |
a crime laboratory under contract with the bureau under this | 362 |
division, the bureau shall return the contents of the sexual | 363 |
assault examination kit to the law enforcement agency. The law | 364 |
enforcement agency shall secure the contents of the sexual assault | 365 |
examination kit in accordance with division (B)(1) of this | 366 |
section, as applicable. | 367 |
(e) The failure of any law enforcement agency to comply with | 368 |
any time limit specified in this section shall not create, and | 369 |
shall not be construed as creating, any basis or right to appeal, | 370 |
claim for or right to postconviction relief, or claim for or right | 371 |
to a new trial or any other claim or right to relief by any | 372 |
person. | 373 |
(3) This section applies to evidence likely to contain | 374 |
biological material that was in the possession of any governmental | 375 |
evidence-retention entity during the investigation and prosecution | 376 |
of a criminal case or delinquent child case involving a violation | 377 |
of section 2903.01, 2903.02, or 2903.03, a violation of section | 378 |
2903.04 or 2903.06 that is a felony of the first or second degree, | 379 |
a violation of section 2907.02 or 2907.03 or of division (A)(4) or | 380 |
(B) of section 2907.05 of the Revised Code, or an attempt to | 381 |
commit a violation of section 2907.02 of the Revised Code. | 382 |
| 383 |
possesses biological evidence shall retain the biological evidence | 384 |
in the amount and manner sufficient to develop a DNA | 385 |
record from the biological material contained in or included on | 386 |
the evidence. | 387 |
| 388 |
case or the alleged delinquent child in a delinquent child case | 389 |
involving a violation of section 2903.01, 2903.02, or 2903.03, a | 390 |
violation of section 2903.04 or 2903.06 that is a felony of the | 391 |
first or second degree, a violation of section 2907.02 or 2907.03 | 392 |
or of division (A)(4) or (B) of section 2907.05 of the Revised | 393 |
Code, or an attempt to commit a violation of section 2907.02 of | 394 |
the Revised Code, a governmental evidence-retention entity that | 395 |
possesses biological evidence shall prepare an inventory of the | 396 |
biological evidence that has been preserved in connection with the | 397 |
defendant's criminal case or the alleged delinquent child's | 398 |
delinquent child case. | 399 |
| 400 |
this section, a governmental evidence-retention entity that | 401 |
possesses biological evidence that includes biological material | 402 |
may destroy the evidence before the expiration of the applicable | 403 |
period of time specified in division (B)(1) of this section if all | 404 |
of the following apply: | 405 |
(a) No other provision of federal or state law requires the | 406 |
state to preserve the evidence. | 407 |
(b) The governmental evidence-retention entity, by certified | 408 |
mail, return receipt requested, provides notice of intent to | 409 |
destroy the evidence to all of the following: | 410 |
(i) All persons who remain in custody, incarcerated, in a | 411 |
department of youth services institution or other juvenile | 412 |
facility, under a community control sanction, under any order of | 413 |
disposition, on probation or parole, under judicial release or | 414 |
supervised release, under post-release control, involved in civil | 415 |
litigation, or subject to registration and other duties imposed | 416 |
for that offense or act under sections 2950.04, 2950.041, 2950.05, | 417 |
and 2950.06 of the Revised Code as a result of a criminal | 418 |
conviction, delinquency adjudication, or commitment related to the | 419 |
evidence in question; | 420 |
(ii) The attorney of record for each person who is in custody | 421 |
in any circumstance described in division (B) | 422 |
section if the attorney of record can be located; | 423 |
(iii) The state public defender; | 424 |
(iv) The office of the prosecutor of record in the case that | 425 |
resulted in the custody of the person in custody in any | 426 |
circumstance described in division (B) | 427 |
section; | 428 |
(v) The attorney general. | 429 |
(c) No person who is notified under division (B) | 430 |
this section does either of the following within one year after | 431 |
the date on which the person receives the notice: | 432 |
(i) Files a motion for testing of evidence under sections | 433 |
2953.71 to 2953.81 or section 2953.82 of the Revised Code; | 434 |
(ii) Submits a written request for retention of evidence to | 435 |
the governmental evidence-retention entity that provided notice of | 436 |
its intent to destroy evidence under division (B) | 437 |
section. | 438 |
| 439 |
this section, if, after providing notice under division | 440 |
(B) | 441 |
governmental evidence-retention entity receives a written request | 442 |
for retention of the evidence from any person to whom the notice | 443 |
is provided, the governmental evidence-retention entity shall | 444 |
retain the evidence while the person referred to in division | 445 |
(B) | 446 |
in a department of youth services institution or other juvenile | 447 |
facility, under a community control sanction, under any order of | 448 |
disposition, on probation or parole, under judicial release or | 449 |
supervised release, under post-release control, involved in civil | 450 |
litigation, or subject to registration and other duties imposed | 451 |
for that offense or act under sections 2950.04, 2950.041, 2950.05, | 452 |
and 2950.06 of the Revised Code as a result of a criminal | 453 |
conviction, delinquency adjudication, or commitment related to the | 454 |
evidence in question. | 455 |
| 456 |
possesses biological evidence that includes biological material | 457 |
may destroy the evidence five years after a person pleads guilty | 458 |
or no contest to a violation of section 2903.01, 2903.02, or | 459 |
2903.03, a violation of section 2903.04 or 2903.06 that is a | 460 |
felony of the first or second degree, a violation of section | 461 |
2907.02, 2907.03, division (A)(4) or (B) of section 2907.05, or an | 462 |
attempt to commit a violation of section 2907.02 of the Revised | 463 |
Code and all appeals have been exhausted unless, upon a motion to | 464 |
the court by the person who pleaded guilty or no contest or the | 465 |
person's attorney and notice to those persons described in | 466 |
division (B) | 467 |
not be destroyed, the court finds good cause as to why that | 468 |
evidence must be retained. | 469 |
| 470 |
required to preserve physical evidence pursuant to this section | 471 |
that is of such a size, bulk, or physical character as to render | 472 |
retention impracticable. When retention of physical evidence that | 473 |
otherwise would be required to be retained pursuant to this | 474 |
section is impracticable as described in this division, the | 475 |
governmental evidence-retention entity that otherwise would be | 476 |
required to retain the physical evidence shall remove and preserve | 477 |
portions of the material evidence likely to contain biological | 478 |
evidence related to the offense, in a quantity sufficient to | 479 |
permit future DNA testing before returning or disposing of that | 480 |
physical evidence. | 481 |
(C)(1) The preservation of biological evidence task force | 482 |
established within the bureau of criminal identification and | 483 |
investigation under section 109.561 of the Revised Code shall | 484 |
establish a system regarding the proper preservation of biological | 485 |
evidence in this state. In establishing the system, the task force | 486 |
shall do all of the following: | 487 |
(a) Devise standards regarding the proper collection, | 488 |
retention, and | 489 |
ongoing investigations and prosecutions; | 490 |
(b) Recommend practices, protocols, models, and resources for | 491 |
the cataloging and accessibility of preserved biological evidence | 492 |
already in the possession of governmental evidence-retention | 493 |
entities. | 494 |
(2) In consultation with the preservation of biological | 495 |
evidence task force described in division (C)(1) of this section, | 496 |
the office of the attorney general shall administer and conduct | 497 |
training programs for law enforcement officers and other relevant | 498 |
employees who are charged with preserving and cataloging | 499 |
biological evidence regarding the methods and procedures | 500 |
referenced in this section. | 501 |
Section 2. That existing sections 109.573 and 2933.82 of the | 502 |
Revised Code are hereby repealed. | 503 |
Section 3. In amending sections 109.573 and 2933.82 of the | 504 |
Revised Code in this act, the General Assembly finds and declares | 505 |
all of the following: | 506 |
(A) Deoxyribonucleic acid (DNA) analysis is a powerful law | 507 |
enforcement tool for identifying and prosecuting sex offenders. | 508 |
(B) Victims of sexually oriented offenses have a strong | 509 |
interest in the investigation and prosecution of their cases. | 510 |
(C) The privacy of victims of sexually oriented offenses | 511 |
should be protected to the full extent permissible under the law. | 512 |
(D) Law enforcement agencies have an obligation to victims of | 513 |
sexually oriented offenses in the proper handling, retention, and | 514 |
timely DNA analysis of DNA specimens and to be responsive to | 515 |
victims of sexually oriented offenses concerning the development | 516 |
of DNA records and the investigation of their cases. | 517 |
(E) The Bureau of Criminal Identification and Investigation's | 518 |
entry of DNA records resulting from DNA analyses of DNA specimens | 519 |
obtained from the contents of sexual assault examination kits into | 520 |
a DNA database makes it possible for many sex offenders to be | 521 |
identified, provided that the contents of sexual assault | 522 |
examination kits are analyzed in a timely manner. | 523 |
(F) Timely DNA analysis of DNA specimens obtained from the | 524 |
contents of sexual assault examination kits facilitates the | 525 |
prosecution of sexually oriented offenses within the statute of | 526 |
limitation for the offense and furthers public safety in Ohio. | 527 |