August 30, 1995
Ohio's founding forensic DNA act. Enacts R.C. 109.573, 2151.315 and 2901.07 and amends R.C. 109.99, 149.43, 3111.09 and 3111.12. R.C. 109.573 authorizes the superintendent of the Bureau of Criminal Identification and Investigation to establish and maintain a state DNA laboratory, a DNA database, and an unidentified person database, defines "DNA," "DNA analysis," "DNA database," "DNA record" and "DNA specimen," limits disclosure to law enforcement agencies for the administration of criminal justice, and directs the superintendent to establish procedures for forwarding, collection, analysis, database operation and dissemination. R.C. 2901.07 requires the director of rehabilitation and correction or the chief administrative officer of a detention facility, jail or workhouse to collect a DNA specimen from a person in custody convicted of or pleading guilty to a violation of R.C. 2903.01, 2903.02, 2905.01, 2905.04, 2907.02, 2907.03, 2907.04, 2907.05, 2907.12 or 2911.11, an attempt at the enumerated sex offenses, or an offense arising out of the same facts as a previously dismissed charge under those sex-offense sections; specimens must be collected in a medically approved manner by a physician, nurse, licensed clinical laboratory technician or other qualified medical practitioner and forwarded to BCI within fifteen days. R.C. 2151.315 imposes the parallel duty on the Department of Youth Services for delinquent children committed for acts that would be listed offenses if committed by an adult. Division (E) delays the collection duty until the superintendent notifies criminal justice agencies that the state DNA laboratory is prepared to accept specimens. R.C. 149.43 is amended to exempt DNA records, specimens and attached personal identification information from the public records law, and R.C. 3111.09 is amended to let a parentage court order BCI to disclose a DNA record from the database.