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OH SB316
Bill
Status
12/19/2014
Primary Sponsor
Michael Stinziano
Click for details
AI Summary
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Law enforcement agencies must review all records pertaining to specified homicide and sex offenses (violations of sections 2903.01-2903.03, 2903.04-2903.06 as felonies of first/second degree, 2907.02-2907.03, and attempted violations) and forward sexual assault examination kit contents to the Bureau of Criminal Identification and Investigation or another crime laboratory for DNA analysis if suspects are identified, with a one-year deadline from the amendment's effective date.
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For investigations initiated after the amendment's effective date, law enforcement agencies must forward sexual assault examination kit contents to the Bureau or crime laboratory within thirty days if the agency determines one or more persons may have committed or participated in a specified offense.
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Law enforcement agencies are considered in possession of sexual assault examination kits held by other government evidence-retention entities if the kits contain biological evidence related to their investigation and must retrieve and forward such kits for DNA analysis.
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The Bureau of Criminal Identification and Investigation and crime laboratories must prioritize DNA analysis of specimens forwarded under these provisions, considering the period of time remaining under the statute of limitations (section 2901.13) along with other relevant factors.
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Failure by law enforcement agencies to comply with specified time limits does not create any basis for appeal, postconviction relief, new trial, or other relief claims.
Legislative Description
To require a law enforcement agency to review its records pertaining to specified homicide and sex offenses and to forward the contents of a related sexual assault examination kit in its possession to the Bureau of Criminal Identification and Investigation or another crime laboratory for DNA analysis based on the outcome of the review, to require a law enforcement agency that initiates an investigation and determines that one or more persons may have committed or participated in a specified homicide or sex offense or another offense committed during the course of a specified homicide or sex offense to forward the contents of a sexual assault examination kit it possesses to the Bureau or another crime laboratory within thirty days for DNA analysis, and to require consideration of time remaining under a statute of limitations as a factor in prioritizing the order in which the DNA specimens forwarded by law enforcement agencies undergo DNA analysis.
Sexually oriented offenses-laboratory tests-time limits/priorities
Last Action
Governor' Action
12/19/2014