Section 109.68 | Establishment of statewide sexual assault examination kit tracking system.
(A) As used in this section, "victim" means a person from whom a sexual assault examination kit was collected.
(B) In consultation with the attorney general's advisory group on sexual assault examination kit tracking, the attorney general shall develop recommendations for establishing a statewide sexual assault examination kit tracking system. Based on those recommendations, the attorney general shall create, operate, and maintain the statewide tracking system and shall identify and allocate money for that purpose from the appropriate funds available to the attorney general.
(C) The attorney general may contract with state or private entities, including private software and technology providers, for the creation, operation, and maintenance of the statewide tracking system. The tracking system shall do all of the following:
(1) Track the status of sexual assault examination kits from the collection site through the criminal justice process, including the initial collection at medical facilities, inventory and storage by law enforcement agencies, analysis at crime laboratories, and storage or destruction after completion of analysis;
(2) Allow all entities that receive, maintain, store, or preserve sexual assault examination kits to update the status and location of the kits;
(3) Allow individuals to anonymously access the statewide tracking system regarding the location and status of their sexual assault examination kit.
(D)(1) A victim may request the following from the appropriate official with custody of the kit:
(a) Information regarding the testing date and results of the kit;
(b) Whether a DNA profile was obtained from the kit;
(c) Whether a match was found to that DNA profile in state or federal databases;
(d) The estimated destruction date of the kit.
The victim is entitled to receive this information in writing, by electronic mail, or by telephone, as designated by the victim.
(2) A victim who has requested information regarding the tracking of the victim's sexual assault examination kit shall be informed by the appropriate official with custody of the kit when there is any change in the status of the case, including if the case has been closed or reopened.
(3) A victim may request written notification from the appropriate official with custody of the kit notice of the destruction or disposal date of the kit and shall receive that notice not later than sixty days before the date of the intended destruction or disposal.
(4) A victim may request further preservation of the sexual assault examination kit or its probative contents beyond the intended destruction or disposal date as provided under section 2933.82 of the Revised Code, for a period of up to thirty years.
(5) In responding to a victim's request under divisions (D)(1) to (4) of this section, the appropriate official with custody of the kit also shall provide the victim with information about the victim's right to apply for an award of reparations pursuant to section 2743.56 of the Revised Code.
(E) Not later than one year after creation of the statewide tracking system, all entities in the chain of custody of sexual assault examination kits shall participate in the system.
(F) The attorney general may adopt rules under Chapter 119. of the Revised Code to facilitate the implementation of the statewide sexual assault examination kit tracking system pursuant to this section. Except as provided in division (B)(3) of this section, information contained in the statewide tracking system is confidential and not subject to public disclosure.
Last updated September 22, 2023 at 9:25 AM
Available Versions of this Section
- March 22, 2019 – Enacted by Senate Bill 201 - 132nd General Assembly [ View March 22, 2019 Version ]
- October 3, 2023 – Amended by House Bill 33 - 135th General Assembly [ View October 3, 2023 Version ]