Effective: July 6, 2010
Latest Legislation: Senate Bill 77 - 128th General Assembly
(A) If an eligible offender submits an application for DNA testing under section 2953.73 of the Revised Code, the court shall require the prosecuting attorney to use reasonable diligence to determine whether biological material was collected from the crime scene or victim of the offense for which the offender is an eligible offender and is requesting the DNA testing against which a sample from the offender can be compared and whether the parent sample of that biological material still exists at that point in time. In using reasonable diligence to make those determinations, the prosecuting attorney shall rely upon all relevant sources, including, but not limited to, all of the following:
(1) All prosecuting authorities in the case in which the offender was convicted of the offense for which the offender is an eligible offender and is requesting the DNA testing and in the appeals of, and postconviction proceedings related to, that case;
(2) All law enforcement authorities involved in the investigation of the offense for which the offender is an eligible offender and is requesting the DNA testing;
(3) All custodial agencies involved at any time with the biological material in question;
(4) The custodian of all custodial agencies described in division (A)(3) of this section;
(5) All crime laboratories involved at any time with the biological material in question;
(6) All other reasonable sources.
(B) The prosecuting attorney shall prepare a report that contains the prosecuting attorney's determinations made under division (A) of this section and shall file a copy of the report with the court and provide a copy to the eligible offender and the attorney general.
Structure Ohio Revised Code
Chapter 2953 | Appeals; Other Postconviction Remedies
Section 2953.01 | Appeals and Post-Conviction Remedies Definitions.
Section 2953.02 | Review of Judgments on Appeal.
Section 2953.03 | Motion for New Trial - Notice of Appeal Filed.
Section 2953.07 | Powers of Appellate Court.
Section 2953.08 | Appeal as a Matter of Right - Grounds.
Section 2953.09 | Execution of the Sentence or Judgment Suspended.
Section 2953.10 | Power and Authority to Suspend Execution of Sentence.
Section 2953.11 | Custody of Defendant Under Suspended Sentence Pending Appeal.
Section 2953.13 | Reversal of Conviction.
Section 2953.14 | State May Institute Appeal.
Section 2953.21 | Post Conviction Relief Petition.
Section 2953.22 | Post Conviction Relief Hearing.
Section 2953.23 | Post Conviction Relief Petition - Time for Filing.
Section 2953.31 | Sealing of Record of Conviction Definitions.
Section 2953.32 | Sealing of Conviction Record or Bail Forfeiture Record.
Section 2953.34 | Sealing Record Not to Affect Appeal Rights of Eligible Offender.
Section 2953.37 | Expungement of Certain Convictions Relating to Firearms.
Section 2953.38 | Expungement of Certain Crimes for Victims of Human Trafficking.
Section 2953.521 | Application for Order to Expunge Records.
Section 2953.57 | Timing of Judgment Vacating and Setting Aside Conviction Because of DNA Testing.
Section 2953.58 | Orders to Seal Official Records.
Section 2953.61 | Multiple Charges; Sealing of Records.
Section 2953.71 | Post Conviction DNA Testing Definitions.
Section 2953.72 | Application for Testing.
Section 2953.73 | Form and Service of Application.
Section 2953.74 | Effect of Prior Tests.
Section 2953.75 | Prosecutor to Use Reasonable Diligence to Obtain Biological Material for Test.
Section 2953.76 | Prosecutor to Consult With Testing Authority.
Section 2953.77 | Chain of Custody.
Section 2953.78 | Selection of Testing Authority.
Section 2953.79 | Obtaining Sample From Applicant.
Section 2953.80 | Criteria for Testing Authority.
Section 2953.81 | Test Results.
Section 2953.83 | Rules of Criminal Procedure Applicable.
Section 2953.84 | Statutory Post-Conviction DNA Testing Not Exclusive.