Effective: July 6, 2010
Latest Legislation: Senate Bill 77 - 128th General Assembly
If an eligible offender submits an application for DNA testing under section 2953.73 of the Revised Code and if DNA testing is performed based on that application, upon completion of the testing, all of the following apply:
(A) The court or a designee of the court shall require the state to maintain the results of the testing and to maintain and preserve both the parent sample of the biological material used and the offender sample of the biological material used. The testing authority may be designated as the person to maintain the results of the testing or to maintain and preserve some or all of the samples, or both. The results of the testing remain state's evidence. The samples shall be preserved during the entire period of time for which the offender is imprisoned or confined relative to the sentence in question, is on parole or probation relative to that sentence, is under post-release control or a community control sanction relative to that sentence, or has a duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code relative to that sentence. Additionally, if the prison term or confinement under the sentence in question expires, if the sentence in question is a sentence of death and the offender is executed, or if the parole or probation period, the period of post-release control, the community control sanction, or the duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code under the sentence in question ends, the samples shall be preserved for a reasonable period of time of not less than twenty-four months after the term or confinement expires, the offender is executed, or the parole or probation period, the period of post-release control, the community control sanction, or the duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code ends, whichever is applicable. The court shall determine the period of time that is reasonable for purposes of this division, provided that the period shall not be less than twenty-four months after the term or confinement expires, the offender is executed, or the parole or probation period, the period of post-release control, the community control sanction, or the duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code ends, whichever is applicable.
(B) The results of the testing are a public record.
(C) The court or the testing authority shall provide a copy of the results of the testing to the prosecuting attorney, the attorney general, and the subject offender.
(D) If the postconviction proceeding in question is pending at that time in a court of this state, the court of common pleas that decided the DNA application or the testing authority shall provide a copy of the results of the testing to any court of this state, and, if it is pending in a federal court, the court of common pleas that decided the DNA application or the testing authority shall provide a copy of the results of the testing to that federal court.
(E) The testing authority shall provide a copy of the results of the testing to the court of common pleas that decided the DNA application.
(F) The offender or the state may enter the results of the testing into any proceeding.
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.