(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 |
(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 |
(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 |
(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 |
(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 |
and 2901.07, and 2933.82 of the Revised Code and personal | 164 |
identification information attached to a DNA record are not public | 165 |
records under section 149.43 of the Revised Code. | 166 |
(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 |
(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 |
(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 |
(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 |
(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 |
(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 |
(4)(5) Upon written request by the defendant in a criminal | 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 |
(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 |
(6)(7) Except as otherwise provided in division (B)(7)(8) of | 439 |
this section, if, after providing notice under division | 440 |
(B)(5)(6)(b) of this section of its intent to destroy evidence, a | 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)(5)(6)(b)(i) of this section remains in custody, incarcerated, | 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 |
(7)(8) A governmental evidence-retention entity that | 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)(5)(6)(b) of this section requesting that the evidence | 467 |
not be destroyed, the court finds good cause as to why that | 468 |
evidence must be retained. | 469 |
(8)(9) A governmental evidence-retention entity shall not be | 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 |