Ohio Administrative Code
Title 109:5 - Bureau of Criminal Identification and Investigation
Chapter 109:5-5 - DNA Database
Section 109:5-5-02 - Arrestee and convicted offender DNA collection and submission procedures
Current through all regulations passed and filed through September 16, 2024
(A) When collecting arrestee and convicted offender DNA samples pursuant to section 2901.07 of the Revised Code, law enforcement and criminal justice agencies shall:
Verify the arrestee/offender's identity via demographic and fingerprint data.
(B) When a DNA sample is collected pursuant to section 2901.07 of the Revised Code and submitted to the bureau of criminal identification and investigation:
(C) If the collecting agency verifies through an arrestee or convicted offender's computerized criminal history that a DNA specimen pursuant to section 2901.07 of the Revised Code has been previously collected from the individual due to a prior arrest or conviction, an additional DNA sample is not required to be collected.
(D) If the collecting agency verifies through an arrestee or convicted offender's computerized criminal history that a DNA specimen pursuant to section 2901.07 of the Revised Code has been previously collected from the individual due to a prior arrest or conviction, but that the prior DNA specimen collection is no longer denoted in the computerized criminal history, the agency shall cause another DNA specimen to be taken from the arrestee/convicted offender.
(E) If a DNA specimen previously collected pursuant to section 2901.07 of the Revised Code due to a prior arrest or conviction has failed and the previous specimen cannot be used by the bureau of criminal identification and investigation for analysis, the agency shall cause an additional DNA specimen to be collected from the individual.
Five Year Review (FYR) Dates:
09/28/2016 and
09/28/2021
Promulgated
Under:
119.03
Statutory Authority:
109.573(H),
R.C.
2901.07(C)
Rule Amplifies: R.C.
109.573,
R.C.
2901.07
Prior Effective Dates:
10/08/2011