Ohio § 2933.82

§ 2933.82.

(A) As used in this section: (1)(a) “ Biological evidence ” means any of the following: (i) The contents of a sexual assault examination kit; (ii) Any item that contains blood, semen, hair, saliva, skin tissue, fingernail scrapings,

bone, bodily fluids, or any other identifiable biological material that was collected

as part of a criminal investigation or delinquent child investigation and that reasonably

may be used to incriminate or exculpate any person for an offense or delinquent act. (b) The definition of “ biological evidence ” set forth in division (A)(1)(a) of this section applies whether the material in

question is cataloged separately, such as on a slide or swab or in a test tube, or

is present on other evidence, including, but not limited to, clothing, ligatures,

bedding or other household material, drinking cups or containers, or cigarettes. (2) “Biological material” has the same meaning as in section 2953.71 of the Revised Code . (3) “DNA,” “DNA analysis,” “DNA database,” “DNA record,” and “DNA specimen” have the

same meanings as in section 109.573 of the Revised Code . (4) “Prosecutor” has the same meaning as in section 2935.01 of the Revised Code . (5) “ Governmental evidence-retention entity ” means all of the following: (a) Any law enforcement agency, prosecutor's office, court, public hospital, crime laboratory,

or other governmental or public entity or individual within this state that is charged

with the collection, storage, or retrieval of biological evidence; (b) Any official or employee of any entity or individual described in division (A)(5)(a)

of this section. (B)(1) Each governmental evidence-retention entity that secures any sexual assault examination

kit in relation to an investigation or prosecution of a criminal offense or delinquent

act that is a violation of section 2905.32 of the Revised Code , or any biological evidence in relation to an investigation or prosecution of a criminal

offense or delinquent act that is a violation of section 2903.01, 2903.02, or 2903.03,

a violation of section 2903.04 or 2903.06 that is a felony of the first or second

degree, a violation of section 2907.02 or 2907.03 or division (A)(4) or (B) of section 2907.05 of the Revised Code , or an attempt to commit a violation of section 2907.02 of the Revised Code shall secure the biological evidence for whichever of the following periods of time

is applicable: (a) For a violation of section 2903.01 or 2903.02 of the Revised Code , for the period of time that the offense or act remains unsolved; (b) For a violation of section 2903.03 or 2905.32 , a violation of section 2903.04 or 2903.06 that is a felony of the first or second

degree, a violation of section 2907.02 or 2907.03 or of division (A)(4) or (B) of section 2907.05 of the Revised Code , or an attempt to commit a violation of section 2907.02 of the Revised Code , for a period of thirty years if the offense or act remains unsolved; (c) If any person is convicted of or pleads guilty to the offense, or is adjudicated

a delinquent child for committing the delinquent act, for the earlier of the following:

 (i) the expiration of the latest of the following periods of time that apply to the

person:  the period of time that the person is incarcerated, is in a department of

youth services institution or other juvenile facility, is under a community control

sanction for that offense, is under any order of disposition for that act, is on probation

or parole for that offense, is under judicial release or supervised release for that

act, is under post-release control for that offense, is involved in civil litigation

in connection with that offense or act, or is subject to registration and other duties

imposed for that offense or act under sections 2950.04 , 2950.041 , 2950.05 , and 2950.06 of the Revised Code or (ii) thirty years.  If after the period of thirty years the person remains incarcerated, then the governmental

evidence-retention entity shall secure the biological evidence until the person is

released from incarceration or dies. (2)(a) A law enforcement agency shall review all of its records and reports pertaining to

its investigation of any offense specified in division (B)(1) of this section, except

a violation of section 2905.32 of the Revised Code , as soon as possible after March 23, 2015.  A law enforcement agency shall review all of its records and reports pertaining

to its investigation of any violation of section 2905.32 of the Revised Code as soon as possible after April 4, 2023.  If the law enforcement agency's review determines that one or more persons may have

committed or participated in an offense specified in division (B)(1) of this section

or another offense committed during the course of an offense specified in division

(B)(1) of this section and the agency is in possession of a sexual assault examination

kit secured during the course of the agency's investigation, as soon as possible,

but not later than one year after March 23, 2015, or, in the case of a violation of section 2905.32 of the Revised Code , not later than one year after April 4, 2023, the agency shall forward the contents

of the kit to the bureau of criminal identification and investigation or another crime

laboratory for a DNA analysis of the contents of the kit if a DNA analysis has not

previously been performed on the contents of the kit.  The law enforcement agency shall consider the period of time remaining under section 2901.13 of the Revised Code for commencing the prosecution of a criminal offense related to the DNA specimens

from the kit as well as other relevant factors in prioritizing the forwarding of the

contents of sexual assault examination kits. (b) If an investigation is initiated on or after March 23, 2015, or, in the case of a

violation of section 2905.32 of the Revised Code , on or after April 4, 2023, and if a law enforcement agency investigating an offense

specified in division (B)(1) of this section determines that one or more persons may

have committed or participated in an offense specified in division (B)(1) of this

section or another offense committed during the course of an offense specified in

division (B)(1) of this section, the law enforcement agency shall forward the contents

of a sexual assault examination kit in the agency's possession to the bureau or another

crime laboratory within thirty days for a DNA analysis of the contents of the kit. (c) A law enforcement agency shall be considered in the possession of a sexual assault

examination kit that is not in the law enforcement agency's possession for purposes

of divisions (B)(2)(a) and (b) of this section if the sexual assault examination kit

contains biological evidence related to the law enforcement agency's investigation

of an offense specified in division (B)(1) of this section and is in the possession

of another government evidence-retention entity.  The law enforcement agency shall be responsible for retrieving the sexual assault

examination kit from the government evidence-retention entity and forwarding the contents

of the kit to the bureau or another crime laboratory as required under divisions (B)(2)(a)

and (b) of this section. (d)(i) The bureau or a laboratory under contract with the bureau pursuant to division (B)(5) of section 109.573 of the Revised Code shall perform a DNA analysis of the contents of any sexual assault examination kit

forwarded to the bureau pursuant to division (B)(2)(a) or (b) of this section as soon

as possible after the bureau receives the contents of the kit.  The bureau shall enter the resulting DNA record into a DNA database.  If the DNA analysis is performed by a laboratory under contract with the bureau,

the laboratory shall forward the biological evidence to the bureau immediately after

the laboratory performs the DNA analysis.  A crime laboratory shall perform a DNA analysis of the contents of any sexual assault

examination kit forwarded to the crime laboratory pursuant to division (B)(2)(a) or

(b) of this section as soon as possible after the crime laboratory receives the contents

of the kit and shall enter the resulting DNA record into a DNA database subject to

the applicable DNA index system standards. (ii) Upon the completion of the DNA analysis by the bureau or a crime laboratory under

contract with the bureau under this division, the bureau shall return the contents

of the sexual assault examination kit to the law enforcement agency.  The law enforcement agency shall secure the contents of the sexual assault examination

kit in accordance with division (B)(1) of this section, as applicable. (e) The failure of any law enforcement agency to comply with any time limit specified

in this section shall not create, and shall not be construed as creating, any basis

or right to appeal, claim for or right to postconviction relief, or claim for or right

to a new trial or any other claim or right to relief by any person. (f) All governmental evidence-retention entities shall submit reports regarding sexual

assault examination kit inventory to the attorney general as required under section 2933.821 of the Revised Code . (3) This section applies to sexual assault examination kits in the possession of any

governmental evidence-retention entity during an investigation or prosecution of a

criminal offense or delinquent act that is a violation of section 2905.32 of the Revised Code , and any evidence likely to contain biological material that was in the possession

of any governmental evidence-retention entity during the investigation and prosecution

of a criminal case or delinquent child case involving a violation of section 2903.01 , 2903.02 , or 2903.03 , a violation of section 2903.04 or 2903.06 that is a felony of the first or second

degree, a violation of section 2907.02 or 2907.03 or of division (A)(4) or (B) of section 2907.05 of the Revised Code , or an attempt to commit a violation of section 2907.02 of the Revised Code . (4) A governmental evidence-retention entity that possesses biological evidence shall

retain the biological evidence in the amount and manner sufficient to develop a DNA

record from the biological material contained in or included on the evidence. (5) Upon written request by the defendant in a criminal case or the alleged delinquent

child in a delinquent child case involving a violation of section 2903.01 , 2903.02 , 2903.03 , or 2905.32 , a violation of section 2903.04 or 2903.06 that is a felony of the first or second

degree, a violation of section 2907.02 or 2907.03 or of division (A)(4) or (B) of section 2907.05 of the Revised Code , or an attempt to commit a violation of section 2907.02 of the Revised Code , a governmental evidence-retention entity that possesses biological evidence shall

prepare an inventory of the biological evidence that has been preserved in connection

with the defendant's criminal case or the alleged delinquent child's delinquent child

case. (6) Except as otherwise provided in division (B)(8) of this section, a governmental evidence-retention

entity that possesses biological evidence that includes biological material may destroy

the evidence before the expiration of the applicable period of time specified in division

(B)(1) of this section if all of the following apply: (a) No other provision of federal or state law requires the state to preserve the evidence. (b) The governmental evidence-retention entity, by certified mail, return receipt requested,

provides notice of intent to destroy the evidence to all of the following: (i) All persons who remain in custody, incarcerated, in a department of youth services

institution or other juvenile facility, under a community control sanction, under

any order of disposition, on probation or parole, under judicial release or supervised

release, under post-release control, involved in civil litigation, or subject to registration

and other duties imposed for that offense or act under sections 2950.04 , 2950.041 , 2950.05 , and 2950.06 of the Revised Code as a result of a criminal conviction, delinquency adjudication, or commitment related

to the evidence in question; (ii) The attorney of record for each person who is in custody in any circumstance described

in division (B)(6)(b)(i) of this section if the attorney of record can be located; (iii) The state public defender; (iv) The office of the prosecutor of record in the case that resulted in the custody of

the person in custody in any circumstance described in division (B)(6)(b)(i) of this

section; (v) The attorney general. (c) No person who is notified under division (B)(6)(b) of this section does either of

the following within one year after the date on which the person receives the notice: (i) Files a motion for testing of evidence under sections 2953.71 to 2953.81 or section 2953.82 of the Revised Code ; (ii) Submits a written request for retention of evidence to the governmental evidence-retention

entity that provided notice of its intent to destroy evidence under division (B)(6)(b)

of this section. (7) Except as otherwise provided in division (B)(8) of this section, if, after providing

notice under division (B)(6)(b) of this section of its intent to destroy evidence,

a governmental evidence-retention entity receives a written request for retention

of the evidence from any person to whom the notice is provided, the governmental evidence-retention

entity shall retain the evidence while the person referred to in division (B)(6)(b)(i)

of this section remains in custody, incarcerated, in a department of youth services

institution or other juvenile facility, under a community control sanction, under

any order of disposition, on probation or parole, under judicial release or supervised

release, under post-release control, involved in civil litigation, or subject to registration

and other duties imposed for that offense or act under sections 2950.04 , 2950.041 , 2950.05 , and 2950.06 of the Revised Code as a result of a criminal conviction, delinquency adjudication, or commitment related

to the evidence in question. (8) A governmental evidence-retention entity that possesses biological evidence that

includes biological material may destroy the evidence five years after a person pleads

guilty or no contest to a violation of section 2903.01 , 2903.02 , 2903.03 , or 2905.32 , a violation of section 2903.04 or 2903.06 that is a felony of the first or second

degree, a violation of section 2907.02 , 2907.03 , division (A)(4) or (B) of section 2907.05 , or an attempt to commit a violation of section 2907.02 of the Revised Code and all appeals have been exhausted unless either of the following applies: (a) Upon a motion to the court by the person who pleaded guilty or no contest or the

person's attorney and notice to those persons described in division (B)(6)(b) of this

section requesting that the evidence not be destroyed, the court finds good cause

as to why that evidence must be retained. (b) A victim submits a request pursuant to section 109.68 of the Revised Code for further preservation of a sexual assault examination kit or its probative contents

beyond the intended destruction or disposal date. (9) A governmental evidence-retention entity shall not be required to preserve physical

evidence pursuant to this section that is of such a size, bulk, or physical character

as to render retention impracticable.  When retention of physical evidence that otherwise would be required to be retained

pursuant to this section is impracticable as described in this division, the governmental

evidence-retention entity that otherwise would be required to retain the physical

evidence shall remove and preserve portions of the material evidence likely to contain

biological evidence related to the offense, in a quantity sufficient to permit future

DNA testing before returning or disposing of that physical evidence. (C) The office of the attorney general shall administer and conduct training programs

for law enforcement officers and other relevant employees who are charged with preserving

and cataloging biological evidence regarding the methods and procedures referenced

in this section.