2006 Ohio Revised Code - 2953.81. Maintaining of results and samples; access to results and distribution of copies; use as evidence.

§ 2953.81. Maintaining of results and samples; access to results and distribution of copies; use as evidence.
 

If an eligible inmate 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 inmate 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 inmate is imprisoned relative to the prison term or sentence of death in question and, if that prison term expires or the inmate is executed under that sentence of death, for a reasonable period of time of not less than twenty-four months after the term expires or the inmate is executed. 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 expires or the inmate is executed. 

(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 inmate. 

(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 inmate or the state may enter the results of the testing into any proceeding. 
 

HISTORY: 150 v S 11, § 1, Eff 10-29-03.