Ohio Code 2933.821 – Annual summary report on sexual assault examination kits
(A) As used in this section, “governmental evidence-retention entity” has the same meaning as in section 2933.82 of the Revised Code.
Terms Used In Ohio Code 2933.821
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- state: means the state of Ohio. See Ohio Code 1.59
(B) Within one hundred eighty days after the effective date of this section, and annually thereafter, all governmental evidence-retention entities that receive, maintain, store, or preserve sexual assault evidence kits shall submit a report containing all of the following information to the attorney general:
(1) The total number of all tested and untested sexual assault examination kits in possession of each governmental evidence-retention entity, and for each untested kit whether the sexual assault was reported to law enforcement or whether the victim chose not to file a report with law enforcement.
(2) If the governmental evidence-retention entity is a medical facility, the date each untested sexual assault examination kit was reported to law enforcement, if applicable, and the date the kit was delivered to the medical facility.
(3) If the governmental evidence-retention entity is a law enforcement agency, the date each untested sexual assault examination kit was received from a medical facility, the date the kit was submitted to a crime laboratory, or for any kit not submitted to a crime laboratory, the reason the kit was not submitted.
(4) If an untested sexual assault examination kit belongs to another jurisdiction, the date that jurisdiction was notified and the date the kit was retrieved by that jurisdiction, if applicable.
(5) If the governmental evidence-retention entity is a crime laboratory:
(a) The date each sexual assault examination kit was received from law enforcement and from which agency the kit was received;
(b) The date the kit was tested, if applicable;
(c) The date the kit test results were entered into the combined DNA index system maintained by the bureau of criminal identification and investigation or other relevant state or local DNA databases, if applicable, or if a DNA profile has not been created, the reason it was not created;
(d) For untested kits, the reason the kit has not been tested;
(e) The total number of kits in possession of the entity for more than thirty days;
(f) The total number of kits destroyed and the reason for the destruction.
(C) The attorney general shall compile the data from the reports in a summary report. The summary report shall include a list of all governmental evidence-retention entities that failed to participate in the preparation of the report. The annual summary report shall be made public on the attorney general’s web site, and shall be submitted to the governor, the speaker of the house of representatives, and the president of the senate.
Last updated August 28, 2023 at 4:42 PM