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OH SB77

Bill

Status

Passed

7/6/2010

Primary Sponsor

Denise Driehaus

Click for details

Origin

Senate

128th General Assembly (2009-2010)

AI Summary

  • Expands DNA collection to all persons 18+ arrested for felony offenses starting July 1, 2011, with specimens collected during intake at law enforcement facilities, jails, or correctional institutions.

  • Eliminates DNA testing mechanism for offenders who pleaded guilty or no contest; restricts postconviction DNA testing eligibility to those convicted by judge or jury and removes requirement for one year remaining on sentence.

  • Establishes mandatory electronic recording of custodial interrogations for specified violent crimes (murder, rape, sexual assault) in places of detention with presumption of voluntariness when recorded.

  • Requires preservation of biological evidence for 30 years in unsolved cases and throughout offender's incarceration plus 24 months minimum after release; prohibits destruction without notice to defendant and opportunity to request retention.

  • Mandates blind or blinded administrator procedures for photo and live lineups, requires written documentation of eyewitness identifications and confidence statements, and provides that DNA records and fingerprints cannot be sealed unless conviction is overturned.

Legislative Description

Relative to the expansion of DNA testing for certain convicted felons, the elimination of the DNA testing mechanism for felons who pleaded guilty or no contest to the offense, the collection of DNA specimens from all persons eighteen years of age or older who are arrested for a felony offense, the sealing of the official records of persons who have their convictions vacated and set aside due to DNA testing, the preservation and accessibility of biological evidence in a criminal or delinquency investigation or proceeding, the improvement of eyewitness identification procedures, the electronic recording of custodial interrogations, and to provide that DNA records collected in the DNA database and fingerprints filed for record cannot be sealed unless certain circumstances apply.

DNA testing of criminals

Last Action

Effective Date

7/6/2010

Full Bill Text

No bill text available