To amend sections 313.08, 2901.41, and 2901.42 and to enact sections 109.5731 and 2901.43 of the Revised Code relative to missing persons in Ohio.

Section 1. That sections 313.08, 2901.41, and 2901.42 be amended and sections 109.5731 and 2901.43 of the Revised Code be enacted to read as follows:

Sec. 109.5731.  (A) As used in this section:

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

(2) "Peace officer" has the same meaning as in section 2935.01 of the Revised Code.

(B) The bureau of criminal identification and investigation shall provide information to a law enforcement agency regarding the best practices for handling death scene investigations. The bureau shall identify any publications or training opportunities that may be available to a law enforcement agency or peace officer concerning the handling of death scene investigations and shall inform the law enforcement agency or peace officer of the existence of those available publications or training opportunities.

Sec. 313.08.  (A) In counties in which a county morgue is maintained, the coroner shall be the official custodian of the morgue.

In all cases of the finding of the body or remains of a deceased person within a county in which a county morgue is maintained, when the identity of the deceased person is unknown, or the deceased person's relatives or other persons entitled to the custody of the body or remains of the deceased person are unknown or not present, the body or remains shall be removed to the county morgue, where it shall be held for identification and disposal.

(B) The coroner shall make a reasonable attempt to promptly identify the body or remains of a deceased person. The coroner may use any means available in attempting to identify the body or remains.

(C) If the coroner is unable to identify the body or remains of a deceased person within thirty days twenty-four hours after the body or remains of the deceased person are delivered to the coroner, the coroner shall notify the bureau of criminal identification and investigation that the body or remains are located in the county morgue or are in the custody of the coroner and forward a DNA specimen from the body or remains of the deceased person to the bureau.

(D) If a body or remains are discovered and delivered to the coroner and the coroner is unable to determine whether or not the body or remains that are discovered are the body or remains of a deceased person, the coroner shall notify the bureau of criminal identification and investigation of the existence of a possible body or remains of a deceased person and forward a DNA specimen from the body or remains to the bureau.

(E) If the body or remains of a deceased person are not identified, in addition to providing the notice required under division (C) of this section, a coroner shall do all of the following prior to disposing of the body or remains:

(1) Take the fingerprints of the body or remains 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 or remains of the deceased person;

(3) Collect in a medically approved manner a DNA specimen from the body or remains 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.

(F) The bureau of criminal identification and investigation shall cause the fingerprints, the photographs, and the DNA specimen forwarded by the coroner to the bureau pursuant to division (E)(4) of this section to be forwarded to the national crime information center and the national DNA index system within ten days after the bureau completes the DNA analysis of the forwarded DNA specimen.

(G) The bureau shall provide the fingerprint forms, specimen vials, mailing tubes, labels, postage, and instruction needed for the collection and forwarding to the bureau pursuant to division (E)(4) of this section of the fingerprints and the DNA specimen and for the forwarding pursuant to division (E)(4) of this section to the bureau of the photographs.

(H) Upon the request of a coroner who has the duty to take, or cause the taking of, fingerprints and photographs under divisions (E)(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.

(I) The coroner may submit any evidence gathered in the investigation of a death to the bureau of criminal identification and investigation for assistance in determining whether the death resulted from criminal activity. The bureau shall assist in the evaluation of evidence submitted under this division.

(J) The coroner may not cremate or have cremated the body or remains of an unidentified deceased person.

(K) As used in this section, "DNA analysis," "DNA specimen," and "unidentified person database" have the same meanings as in section 109.573 of the Revised Code.

Sec. 2901.41.  (A)(1) As used in this section and section 2901.42 sections 2901.41 to 2901.43 of the Revised Code, "missing person" means an individual who is eighteen years of age or older, whose temporary or permanent residence is in Ohio, and who meets one of the following characteristics:

(1) The individual has a physical or mental disability.

(2) The individual is missing under circumstances indicating that the individual's safety may be in danger.

(3) The individual is missing under circumstances indicating that the individual's disappearance was not voluntary "law enforcement agency" has the same meaning as in section 109.573, of the Revised Code.

(2) As used in this section, "DNA specimen" has the same meaning as in section 109.573 of the Revised Code.

(B) The attorney general shall publish and distribute to all law enforcement agencies in this state a best practices protocol for addressing reports of missing persons. Upon receipt of the best practices protocol from the attorney general, each When a law enforcement agency in this state shall develop and adopt a written policy establishing reasonable procedures to be followed by that has jurisdiction in the matter is informed that a person is or may be a missing person and that the person providing the information wishes to file a missing person report, the law enforcement agency when the agency is informed that a person is or may be a missing person shall take that report. Upon taking the report, the law enforcement agency shall take prompt action upon the report, including, but not limited to, concerted efforts to locate the missing person. No law enforcement agency in this state shall refuse to take a missing person report for any reason, including but not limited to, the following:

(1) The missing person is an adult.

(2) The circumstances surrounding the disappearance of the person do not indicate foul play.

(3) The person has been missing for a short period of time.

(4) The person has been missing for a long period of time.

(5) There is no indication that the missing person was in the jurisdiction of the law enforcement agency at the time of the missing person's disappearance.

(6) The circumstances suggest that the missing person's disappearance was voluntary.

(7) The person reporting the disappearance of the missing person does not have personal knowledge of the facts surrounding the missing person's disappearance.

(8) The person reporting the disappearance of the missing person cannot provide all of the information requested by the law enforcement agency.

(9) The person reporting the disappearance of the missing person lacks a familial or other relationship with the missing person.

(C) After a A law enforcement agency adopts a written policy as required by to accept a missing person report under division (B) of this section, the peace officers that are employed by that agency shall make a good faith effort to follow the procedures contained in the policy accept the report in person, by telephone, or in any other means to the extent that the report is consistent with the law enforcement agency's policies or practices.

(D) The requirements of In accepting a report of a missing person under this section do not create a private cause of action for damages against the state or any, a law enforcement agency, political subdivision, peace officer, or other person who fails to comply with the requirements of this section shall attempt to gather relevant information from the person reporting the disappearance of the missing person relating to the disappearance of the missing person and integrate it into the national crime information center computer within twelve hours following the making of the report. The law enforcement agency, at the time of the report, shall attempt to gather information with regards to the missing person that shall include, but not be limited to, all of the following:

(1) The missing person's name, including alternative names, date of birth, identifying marks, height and weight, gender, race, current hair color as well as natural hair color, eye color, prosthetics, surgical implants, or cosmetic implants, if applicable, physical anomalies, blood type, if known, driver's license number, if known, social security number, if known, a photograph, preferably recent, of the missing person and the date of the photograph if known, a description of the clothing the missing person was believed to be wearing, and a description of items that may be with the missing person;

(2) Information regarding the missing person's electronic communications devices, including, but not limited to, cellular phone numbers and electronic mail addresses;

(3) The reasons why the reporting person believes the missing person is missing;

(4) The name and location of the missing person's school or employer, if known;

(5) The name and location of the missing person's primary care physician or dentist, if known;

(6) Any circumstances that may indicate that the missing person's disappearance was not voluntary or that the missing person may be at risk of injury or death;

(7) A description of the possible means of transportation of the missing person, including, but not limited to, the make, model, color, license plate number, or vehicle identification number of a motor vehicle;

(8) Any identifying information about a person who is the known or possible abductor or who was last seen with the missing person, including, but not limited to, all of the following:

(a) The person's name;

(b) A physical description of the person;

(c) The person's date of birth, if known;

(d) Identifying marks on the person;

(e) A description of a possible means of transportation of the person, including the make, model, color, license plate number, or vehicle identification number of a motor vehicle, if known;

(f) Any known associates of the person;

(9) The date of the reporting person's last contact with the missing person;

(10) Any other information that the reporting person believes is relevant.

(E) Upon the filing of a missing person's report under this section, the law enforcement agency involved shall do all of the following for the person making the report, a family member of the missing person, or any other person in a position to assist the law enforcement agency in the law enforcement agency's efforts to locate the missing person:

(1) Provide to the person general information about the law enforcement agency's handling of the missing person's case or about intended efforts in the case to the extent that the law enforcement agency determines that disclosure of certain information would not adversely affect the law enforcement agency's ability to locate or protect the missing person or its ability to apprehend or prosecute any person who is involved in the missing person's disappearance.

(2) Inform the person making the report that the person shall promptly contact the law enforcement agency if the missing person remains missing, to provide additional information and materials that will aid the law enforcement agency in locating the missing person, including credit cards or debit cards that the missing person may have access to and records of the missing person's cellular phone usage;

(3) Inform the person making the report that any DNA samples provided for the missing person's case are on a voluntary basis and those samples will be used solely to aid in the location or identification of the missing person;

(4) Make available to the person informational materials that advise the public on how the information or materials described in divisions (E)(1), (2), and (3) of this section are used to aid in the location or identification of missing persons.

(F) If a law enforcement agency takes a missing person report under this section and if the missing person remains missing after thirty days, the law enforcement agency shall attempt to obtain all of the following information that it has not received prior to the expiration of that thirty-day period:

(1) DNA specimens from the missing person or from persons related by consanguinity to the missing person pursuant to division (B)(3) of section 109.573 of the Revised Code, together with any documentation and authorizations required for the entry of the DNA information into state and federal DNA databases;

(2) An authorization from an appropriate person to release dental or skeletal x-rays of the missing person;

(3) Any additional photographs of the missing person that may aid the law enforcement agency in the investigation or identification of the missing person;

(4) Dental information and x-rays of the missing person;

(5) Fingerprints of the missing person.

(G)(1) A law enforcement agency that receives a missing person report under this section shall submit to the federal bureau of investigation, by entry into an appropriate electronic database or by submission by other appropriate means to the bureau of criminal identification and investigation, any information the law enforcement agency receives under this section that is relevant to the federal bureau of investigation's violent criminal apprehension program as soon as possible.

(2) A law enforcement agency that receives a missing person report under this section is not required to obtain written authorization before the law enforcement agency publicly releases any photograph that would aid the law enforcement agency in the investigation or identification of the missing person.

(H) A law enforcement agency that enters medical or dental information pertaining to a missing person into a state or federal database shall ensure that the person who enters the information is specifically trained to understand the information and to enter it correctly.

(I) This section shall not be interpreted to preclude a law enforcement agency from attempting to obtain the information described in division (F) of this section prior to the expiration of the thirty-day period described in that division.

Sec. 2901.42.  (A) If a law enforcement agency receives a report that a person is missing and if there is evidence that the person was a victim of foul play at the time the victim is reported missing, the law enforcement agency shall make available through the law enforcement automated data system all information contained in the report not later than seven days after the law enforcement agency receives the report. If there is no evidence that the person was a victim of foul play, the law enforcement agency shall make the information available in the law enforcement automated data system not later than thirty days after receiving the report that the person is missing As used in this section, "high-risk missing person" means an individual whose whereabouts are not currently known and in relation to whom the circumstances present indicate that the individual may be at risk of injury or death. The circumstances that indicate that an individual may be at risk of injury or death and is a "high-risk missing person" include, but are not limited to, any of the following:

(1) The person is missing as a result of a kidnapping or abduction by a stranger.

(2) The person is missing under suspicious circumstances.

(3) The person is missing under unknown circumstances.

(4) The person is missing under known dangerous circumstances.

(5) The person has been missing more than thirty days.

(6) The person has already been designated as a "high-risk missing person" by another law enforcement agency in this state or any other state that has a similar law.

(7) There is evidence that the person is at risk of injury or death because of any of the following:

(a) The missing person requires medical attention or prescription medication.

(b) The missing person does not have a previous history of running away or disappearing.

(c) The missing person may have been kidnapped or abducted by a non-custodial parent.

(d) The missing person is mentally impaired.

(e) The missing person is under twenty-one years of age.

(f) The missing person has been the victim of past threats or acts of violence.

(8) Any other factors that, in the opinion of the law enforcement agency, may determine that the missing person may be at risk of injury or death.

(B) If a (1) Upon the initial receipt of a missing person report, the law enforcement agency receives a report that a person is immediately shall determine whether there is a basis to believe that the missing and there is no evidence of foul play at the time the agency receives the report and if the agency discovers after the law enforcement agency receives the report but before the end of the seven-day period under division (A) of this section evidence that the person who is a high-risk missing was a victim of foul play, the law enforcement agency shall make available through the law enforcement automated data system all information contained in the report by the end of that seven-day period. If a law enforcement agency receives a report that a person is missing and there is no evidence of foul play at the time the agency receives the report and if the agency discovers after the end of the seven-day period under division (A) of this section evidence that the person who is missing was a victim of foul play, the law enforcement agency shall make available through the law enforcement automated data system all information contained in the report not later than forty-eight hours after discovering the evidence that the person was a victim of foul play.

(C) If a law enforcement agency pursuant to divisions (A) and (B) of this section made available through the law enforcement automated data system information contained in a report that a person is missing and the missing person is found, the agency shall promptly remove that information from the law enforcement automated data system.

(D) As used in this section, indicators that a person was a victim of "foul play" include, but are not limited to, evidence that the person's home or car is in disarray, evidence of a struggle between the person and another person, or evidence a law enforcement agency determines to be foul play through the written policy the law enforcement agency develops and adopts pursuant to division (B) of section 2901.41 of the Revised Code.

(2) If a law enforcement agency previously has determined that a missing person is not a high-risk missing person, but the law enforcement agency obtains new information regarding the missing person, the law enforcement agency immediately shall determine whether the new information provided to the law enforcement agency indicates that the missing person is a high-risk missing person.

(3) A law enforcement agency's determination under this section as to whether or not a missing person is a high-risk missing person shall be performed not later than seventy-two hours after the initial missing person report was made or the new information regarding the missing person was provided to the law enforcement agency.

(4) When a law enforcement agency determines that a missing person is a high-risk missing person, the law enforcement agency promptly shall issue an Amber alert if the activation criteria for an Amber alert are met or, if those criteria are not met, shall provide for the public dissemination of photographs of the missing person in accordance with any applicable state criteria.

(5) A law enforcement agency shall establish written procedures for the handling of missing person reports to accomplish the purpose of this section.

Sec. 2901.43.  (A) As used in this section, "DNA analysis" and "DNA specimen" have the same meanings as in section 109.573 of the Revised Code.

(B) When a law enforcement agency determines pursuant to section 2901.42 of the Revised Code that a missing person is a high-risk missing person, the law enforcement agency shall notify the bureau of criminal identification and investigation and immediately shall provide to the bureau the information that is most likely to aid the bureau in the location and safe return of the high-risk missing person. The law enforcement agency shall provide to the bureau, as soon as is practicable, all other information the law enforcement agency obtains in relation to the missing person case.

(C) Upon its receipt of information under division (B) of this section, the bureau of criminal identification and investigation immediately shall notify all law enforcement agencies in this state and, if practicable, law enforcement agencies in neighboring states of the information that will aid the law enforcement agencies in the prompt location and safe return of the high-risk missing person to whom the information pertains.

(D) A law enforcement agency that receives the notification described in division (C) of this section shall notify the agency's peace officers to keep watch for the high-risk missing person and to exercise diligence in attempting to locate the high-risk missing person or the person's abductor.

(E) A law enforcement agency that provides information under division (B) of this section immediately shall enter all collected information regarding the high-risk missing person into the national crime information center database, the national DNA index system, and the relatives of missing persons database. If the law enforcement agency does not have the capability to enter this information directly into the national crime information center database or the national DNA index system, the bureau of criminal identification and investigation immediately shall enter that information into the national crime information center database or the national DNA index system. The law enforcement agency immediately shall also enter all collected information regarding a missing person into the national crime information center database, the national DNA index system, and the relatives of missing persons database. If the law enforcement agency does not have the capability to enter this information directly into the national crime information center database or the national DNA index system, the bureau of criminal identification and investigation immediately shall enter that information into the national crime information center database or the national DNA index system. The information shall be entered as follows:

(1) If the missing person is a high-risk missing person, the law enforcement agency or the bureau of criminal identification and investigation shall enter the missing person report regarding the high-risk missing person and all relevant information provided in the report in the national crime information center database. The agency or bureau shall enter the report and information not later than two hours after the determination by the law enforcement agency that the person is a high-risk missing person. The law enforcement agency or the bureau of criminal identification and investigation shall enter any supplemental information regarding a high-risk missing person into the database as soon as practicable. If the missing person is not a high-risk missing person, the law enforcement agency or the bureau of criminal identification and investigation shall enter the missing person's report and all relevant information provided in the report in the national crime information center database within twenty-four hours after the law enforcement agency or the bureau receives the missing person's report.

(2) The law enforcement agency or the bureau of criminal identification and investigation shall enter all relevant DNA records into the relatives of missing persons database and the national DNA index system database after the completion of the DNA analysis of the DNA specimen.

(F) The law enforcement agency or the bureau of criminal identification and investigation shall submit to the federal bureau of investigation any relevant information regarding a high-risk missing person or a missing person as soon as possible.

Section 2.  That existing sections 313.08, 2901.41, and 2901.42 of the Revised Code are hereby repealed.

Section 3.  Section 313.08 of the Revised Code is presented in this act as a composite of the section as amended by both Am. Sub. H.B. 235 and H.B. 571 of the 126th General Assembly. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the composite is the resulting version of the section in effect prior to the effective date of the section as presented in this act.