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(122nd General Assembly)(Amended Substitute Senate Bill Number 140)
AN ACT
To amend sections 109.573 and 313.08 of the Revised Code to
require coroners to submit DNA specimens, photographs, and fingerprints of
unidentified dead bodies to the Bureau of
Criminal Identification and
Investigation for inclusion in its unidentified person database,
to authorize the Bureau of Criminal
Identification and
Investigation to establish a relatives of missing persons
database and to compare the relatives of missing persons
database with the unidentified person database, and to require
the Bureau of Criminal Identification and
Investigation to
notify the coroner or law enforcement agency that submitted an
unidentified person's DNA specimen if the person is
identified.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 109.573 and 313.08 of the Revised Code
be amended to read as follows:
Sec. 109.573. (A) As used in this section: (1) "DNA" means human deoxyribonucleic acid. (2) "DNA analysis" means a laboratory analysis of a DNA
specimen to identify DNA characteristics and to create a
DNA record. (3) "DNA database" means a collection of DNA records
from forensic casework or from crime scenes, specimens from anonymous and
unidentified sources, and
records collected pursuant to sections 2151.315 and 2901.07 of the
Revised Code and a population statistics database for
determining the frequency of occurrence of characteristics in DNA
records. (4) "DNA record" means the objective result of a DNA
analysis of a DNA specimen, including representations of
DNA fragment lengths, digital images of autoradiographs, discrete
allele assignment numbers, and other DNA specimen characteristics
that aid in establishing the identity of an individual. (5) "DNA specimen" includes human blood cells or physiological
tissues or body fluids. (6) "Unidentified person database" means a collection of
DNA
records, and, on and after the effective date of this amendment, of
fingerprint and photograph records, of unidentified human corpses,
human
remains, or living
individuals. (7) "Relatives of missing persons database" means a collection
of DNA records of persons
related by consanguinity of the first degree to a missing
person. (8) "Law enforcement agency" means a police department, the
office of a sheriff, the state highway patrol, a county
prosecuting attorney, or a federal, state, or local governmental
body that enforces criminal laws and that has employees who have
a statutory power of arrest. (B)(1) The superintendent of the bureau of criminal
identification and investigation may do all of the following: (a) Establish and maintain a state DNA
laboratory to
perform DNA analysis of DNA specimens; (b) Establish and maintain a DNA
database; (c) Establish and maintain an unidentified person
database to aid
in the establishment of the identity of unknown human corpses,
human
remains, or living individuals; (d) Establish and maintain a relatives of missing
persons database for comparison with the unidentified person
database to aid in the establishment of the identity of unknown
human corpses, human remains, and living individuals. (2) If the bureau of criminal identification and investigation establishes
and maintains a DNA laboratory and a DNA database, the
bureau may use or disclose information regarding DNA records for the
following
purposes: (a) The bureau may disclose information to a law
enforcement agency for purposes of
identification. (b) The bureau shall disclose pursuant to a court
order issued under section 3111.09 of the Revised Code any information
necessary to determine
the existence of a parent
and child relationship in an action brought under sections 3111.01 to 3111.19
of the Revised Code. (c) The bureau may use or disclose information from
the population statistics database, for identification research
and protocol development, or for quality control purposes. (3) If the bureau of criminal identification and investigation
establishes and maintains a relatives of missing persons
database, all of the following apply: (a) If a person has disappeared and has been
continuously absent from the person's place of last domicile for
a thirty-day or longer period of time without being heard from during the
period, persons related by consanguinity of the first
degree to the missing person may submit to the
bureau a DNA specimen, the bureau may include the
DNA record of the specimen
in the relatives of missing persons database,
and, if the bureau
does not include the DNA record of the
specimen in the relatives of missing persons database, the bureau shall retain
the DNA record for future reference and
INCLUSION as appropriate in that database. (b) The bureau shall not charge a fee for the
submission of a DNA
specimen pursuant to division (B)(3)(a) of this
section. (c) A physician, registered nurse, licensed
practical nurse, duly licensed clinical laboratory technician,
or other qualified medical practitioner shall conduct the
collection
procedure for the DNA specimen submitted pursuant to division
(B)(3)(a) of this section and shall collect the
DNA specimen in a medically
approved manner. No later than fifteen days after the date of
the collection of the DNA
specimen, the person conducting the
DNA specimen collection
procedure shall cause the DNA
specimen to be forwarded to the bureau of criminal
identification and investigation in accordance with procedures
established by the superintendent of the bureau under division
(H) of this section. The bureau
may provide the specimen vials, mailing tubes, labels,
postage, and instruction needed for the collection and
forwarding of the DNA specimen
to the bureau. (d) The superintendent, in the superintendent's
discretion, may compare DNA
records in the relatives of missing persons database with the
DNA records in the unidentified
person database. (4) If the bureau of criminal identification and
investigation establishes and maintains an unidentified person
database and if the superintendent of the bureau
identifies a matching DNA record for the DNA record of a
person
or deceased person whose
DNA record is contained in the
unidentified person database, the superintendent shall inform
the coroner who submitted or the law enforcement agency that submitted the
DNA specimen to the bureau of
the match and, if possible, of the identity of the unidentified person. (5) The bureau of criminal identification and investigation
may enter into a contract with a qualified public or private laboratory to
perform DNA analyses, DNA specimen maintenance,
preservation, and storage, DNA record keeping, and other duties
required of the bureau under this section. A public or private laboratory
under contract with the bureau shall follow quality assurance and privacy
requirements established by the superintendent of the bureau. (C) The superintendent of the bureau of criminal identification
and investigation shall establish procedures for entering into the
DNA
database the DNA records submitted pursuant to sections 2151.315 and
2901.07 of the Revised Code and for determining an order of priority for entry
of the
DNA records based on the types of offenses committed by the persons
whose records are submitted and the available resources of the bureau. (D) When a DNA record is derived from a DNA
specimen provided pursuant to section 2151.315 or 2901.07 of the Revised Code,
the bureau of
criminal identification and investigation shall attach to the DNA
record personal identification information that identifies the person from
whom the DNA specimen was taken. The personal identification
information may include the subject person's fingerprints and any other
information the bureau determines necessary. The DNA
record and personal identification information attached to it shall be used
only for the purpose of personal identification or for a purpose specified in
this section. (E) DNA records and, DNA specimens,
fingerprints, and photographs that the bureau of criminal
identification and
investigation receives pursuant to this section and sections
313.08, 2151.315, and 2901.07 of the Revised
Code and personal identification information attached to a
DNA record are not public records under section 149.43 of the
Revised Code. (F) The bureau of criminal identification and investigation may
charge a reasonable fee for providing information pursuant to this section to
any law enforcement agency located in another
state. (G)(1) No person who because of the person's employment or
official
position has access to a DNA specimen, a DNA
record, or
other information contained in the DNA database that
identifies an
individual shall knowingly disclose that specimen, record, or
information to
any person or agency not entitled to receive it or otherwise
shall misuse that
specimen, record, or information. (2) No person without authorization or privilege to obtain
information
contained in the DNA database that identifies an
individual person
shall purposely obtain that information. (H) The superintendent of the bureau of criminal
identification
and investigation shall establish procedures for all of the
following: (1) The forwarding to the bureau of DNA specimens collected
pursuant to division (H) of this section and
sections 313.08,
2151.315, and 2901.07
of the Revised Code to the
bureau and of fingerprints and photographs collected pursuant to
section 313.08 Of the Revised Code; (2) The collection, maintenance, preservation, and analysis
of
DNA specimens; (3) The creation, maintenance, and operation of the DNA
database; (4) The use and dissemination of information from the DNA
database; (5) The creation, maintenance, and operation of the
unidentified person database; (6) The use and dissemination of information from the
unidentified person database; (7) The creation, maintenance, and operation of the
relatives of missing persons database; (8) The use and dissemination of information from the
relatives of missing persons database; (9) The verification of entities requesting DNA records and
other
DNA information from the bureau and the authority of the entity to
receive the information; (6)(10) The operation of the bureau and responsibilities of
employees of the
bureau with respect to the activities described in this section.
Sec. 313.08. (A) In counties in which a county morgue is
maintained, the coroner
shall be the official custodian thereof of the morgue. In all cases of the finding of a dead the body of a deceased
person within such a county in which a county morgue is
maintained, when the identity of such the deceased person is
unknown, or his the
deceased person's relatives or other persons
entitled to the custody of the body of the deceased person are unknown
or not present, such the body shall be removed to the county
morgue, where it shall be held for
identification and disposal. (B) If the body of a deceased person is not
identified, a coroner shall do all of the following prior to
disposing of the body: (1) Take the fingerprints of the body of the deceased
person, or cause the same to be taken, according to the
fingerprint system of identification on the forms furnished by
the superintendent of the bureau of criminal identification and
investigation; (2) Take or cause to be taken one or more photographs of the body of the
deceased person; (3) Collect in a medically approved manner a
DNA specimen from the body of
the deceased person; (4) Promptly cause the fingerprints, the photographs, and the
DNA specimen
to be forwarded to the bureau of criminal identification and
investigation for inclusion in the unidentified person database
in accordance with procedures established by the superintendent
of the bureau under division
(H) of section 109.573 of the
Revised
Code. The bureau shall provide
the fingerprint forms, specimen vials, mailing tubes, labels,
postage, and instruction needed for the collection and
forwarding to the bureau of the fingerprints and the
DNA specimen
and for the forwarding to the bureau of the photographs. (C) Upon the request of
a coroner who has the duty to take, or cause the taking of, fingerprints and
photographs under divisions (B)(1) and (2) of
this section, the bureau of criminal identification and investigation shall
take, or assist in the taking of, the required fingerprints and
photographs. (D) As used in this section,
"DNA specimen" and
"unidentified person database" have the same meanings as in
section 109.573 of the Revised
Code. SECTION 2 . That existing sections 109.573 and 313.08 of the
Revised Code are hereby repealed.
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