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 and if the application is accepted and DNA testing is to be performed, the court shall select the testing authority to be used for the testing. A court shall not select or use a testing authority for DNA testing unless the attorney general approves or designates the testing authority pursuant to division (C) of this section and unless the testing authority satisfies the criteria set forth in section 2953.80 of the Revised Code.
(B) If a court selects a testing authority pursuant to division (A) of this section and the eligible offender for whom the test is to be performed objects to the use of the selected testing authority, the court shall rescind its prior acceptance of the application for DNA testing for the offender and deny the application. An objection as described in this division, and the resulting rescission and denial, do not preclude a court from accepting in the court's discretion, a subsequent application by the same eligible offender requesting DNA testing.
(C) The attorney general shall approve or designate testing authorities that may be selected and used to conduct DNA testing, shall prepare a list of the approved or designated testing authorities, and shall provide copies of the list to all courts of common pleas. The attorney general shall update the list as appropriate to reflect changes in the approved or designated testing authorities and shall provide copies of the updated list to all courts of common pleas. The attorney general shall not approve or designate a testing authority under this division unless the testing authority satisfies the criteria set forth in section 2953.80 of the Revised Code. A testing authority that is equipped to handle advanced DNA testing may be approved or designated under this division, provided it satisfies the criteria set forth in that section.
(D) The attorney general's approval or designation of testing authorities under division (C) of this section, and the selection and use of any approved or designated testing authority, do not afford an offender any right to subsequently challenge the approval, designation, selection, or use, and an offender may not appeal to any court the approval, designation, selection, or use of a testing authority.
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.