Ohio Rev. Code » Chapter 2933
Ohio Revised Code

Ohio Rev. Code § 2933.82 (2026)

Retention of biological evidence

✓ current as of May 2026
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Effective:
October 3, 2023
Latest Legislation:
House Bill 33 - 135th General Assembly
PDF:
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(A) As used in this section:

(1)(a) "Biological evidence" means any of the following:

(i) The contents of a sexual assault examination kit;

(ii) Any item that contains blood, semen, hair, saliva, skin tissue, fingernail scrapings, bone, bodily fluids, or any other identifiable biological material that was collected as part of a criminal investigation or delinquent child investigation and that reasonably may be used to incriminate or exculpate any person for an offense or delinquent act.

(b) The definition of "biological evidence" set forth in division (A)(1)(a) of this section applies whether the material in question is cataloged separately, such as on a slide or swab or in a test tube, or is present on other evidence, including, but not limited to, clothing, ligatures, bedding or other household material, drinking cups or containers, or cigarettes.

(2) "Biological material" has the same meaning as in section 2953.71 of the Revised Code.

(3) "DNA," "DNA analysis," "DNA database," "DNA record," and "DNA specimen" have the same meanings as in section 109.573 of the Revised Code.

(4) "Prosecutor" has the same meaning as in section 2935.01 of the Revised Code.

(5) "Governmental evidence-retention entity" means all of the following:

(a) Any law enforcement agency, prosecutor's office, court, public hospital, crime laboratory, or other governmental or public entity or individual within this state that is charged with the collection, storage, or retrieval of biological evidence;

(b) Any official or employee of any entity or individual described in division (A)(5)(a) of this section.

(B)(1) Each governmental evidence-retention entity that secures any sexual assault examination kit in relation to an investigation or prosecution of a criminal offense or delinquent act that is a violation of section 2905.32 of the Revised Code, or any biological evidence in relation to an investigation or prosecution of a criminal offense or delinquent act that is a violation of section 2903.01, 2903.02, or 2903.03, a violation of section 2903.04 or 2903.06 that is a felony of the first or second degree, a violation of section 2907.02 or 2907.03 or division (A)(4) or (B) of section 2907.05 of the Revised Code, or an attempt to commit a violation of section 2907.02 of the Revised Code shall secure the biological evidence for whichever of the following periods of time is applicable:

(a) For a violation of section 2903.01 or 2903.02 of the Revised Code, for the period of time that the offense or act remains unsolved;

(b) For a violation of section 2903.03 or 2905.32, a violation of section 2903.04 or 2903.06 that is a felony of the first or second degree, a violation of section 2907.02 or 2907.03 or of division (A)(4) or (B) of section 2907.05 of the Revised Code, or an attempt to commit a violation of section 2907.02 of the Revised Code, for a period of thirty years if the offense or act remains unsolved;

(c) If any person is convicted of or pleads guilty to the offense, or is adjudicated a delinquent child for committing the delinquent act, for the earlier of the following: (i) the expiration of the latest of the following periods of time that apply to the person: the period of time that the person is incarcerated, is in a department of youth services institution or other juvenile facility, is under a community control sanction for that offense, is under any order of disposition for that act, is on probation or parole for that offense, is under judicial release or supervised release for that act, is under post-release control for that offense, is involved in civil litigation in connection with that offense or act, or is subject to registration and other duties imposed for that offense or act under sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code or (ii) thirty years. If after the period of thirty years the person remains incarcerated, then the governmental evidence-retention entity shall secure the biological evidence until the person is released from incarceration or dies.

(2)(a) A law enforcement agency shall review all of its records and reports pertaining to its investigation of any offense specified in division (B)(1) of this section, except a violation of section 2905.32 of the Revised Code, as soon as possible after March 23, 2015. A law enforcement agency shall review all of its records and reports pertaining to its investigation of any violation of section 2905.32 of the Revised Code as soon as possible after April 4, 2023. If the law enforcement agency's review determines that one or more persons may have committed or participated in an offense specified in division (B)(1) of this section or another offense committed during the course of an offense specified in division (B)(1) of this section and the agency is in possession of a sexual assault examination kit secured during the course of the agency's investigation, as soon as possible, but not later than one year after March 23, 2015, or, in the case of a violation of section 2905.32 of the Revised Code, not later than one year after April 4, 2023, the agency shall forward the contents of the kit to the bureau of criminal identification and investigation or another crime laboratory for a DNA analysis of the contents of the kit if a DNA analysis has not previously been performed on the contents of the kit. The law enforcement agency shall consider the period of time remaining under section 2901.13 of the Revised Code for commencing the prosecution of a criminal offense related to the DNA specimens from the kit as well as other relevant factors in prioritizing the forwarding of the contents of sexual assault examination kits.

(b) If an investigation is initiated on or after March 23, 2015, or, in the case of a violation of section 2905.32 of the Revised Code, on or after April 4, 2023, and if a law enforcement agency investigating an offense specified in division (B)(1) of this section determines that one or more persons may have committed or participated in an offense specified in division (B)(1) of this section or another offense committed during the course of an offense specified in division (B)(1) of this section, the law enforcement agency shall forward the contents of a sexual assault examination kit in the agency's possession to the bureau or another crime laboratory within thirty days for a DNA analysis of the contents of the kit.

(c) A law enforcement agency shall be considered in the possession of a sexual assault examination kit that is not in the law enforcement agency's possession for purposes of divisions (B)(2)(a) and (b) of this section if the sexual assault examination kit contains biological evidence related to the law enforcement agency's investigation of an offense specified in division (B)(1) of this section and is in the possession of another government evidence-retention entity. The law enforcement agency shall be responsible for retrieving the sexual assault examination kit from the government evidence-retention entity and forwarding the contents of the kit to the bureau or another crime laboratory as required under divisions (B)(2)(a) and (b) of this section.

(d)(i) The bureau or a laboratory under contract with the bureau pursuant to division (B)(5) of section 109.573 of the Revised Code shall perform a DNA analysis of the contents of any sexual assault examination kit forwarded to the bureau pursuant to division (B)(2)(a) or (b) of this section as soon as possible after the bureau receives the contents of the kit. The bureau shall enter the resulting DNA record into a DNA database. If the DNA analysis is performed by a laboratory under contract with the bureau, the laboratory shall forward the biological evidence to the bureau immediately after the laboratory performs the DNA analysis. A crime laboratory shall perform a DNA analysis of the contents of any sexual assault examination kit forwarded to the crime laboratory pursuant to division (B)(2)(a) or (b) of this section as soon as possible after the crime laboratory receives the contents of the kit and shall enter the resulting DNA record into a DNA database subject to the applicable DNA index system standards.

(ii) Upon the completion of the DNA analysis by the bureau or a crime laboratory under contract with the bureau under this division, the bureau shall return the contents of the sexual assault examination kit to the law enforcement agency. The law enforcement agency shall secure the contents of the sexual assault examination kit in accordance with division (B)(1) of this section, as applicable.

(e) The failure of any law enforcement agency to comply with any time limit specified in this section shall not create, and shall not be construed as creating, any basis or right to appeal, claim for or right to postconviction relief, or claim for or right to a new trial or any other claim or right to relief by any person.

(f) All governmental evidence-retention entities shall submit reports regarding sexual assault examination kit inventory to the attorney general as required under section 2933.821 of the Revised Code.

(3) This section applies to sexual assault examination kits in the possession of any governmental evidence-retention entity during an investigation or prosecution of a criminal offense or delinquent act that is a violation of section 2905.32 of the Revised Code, and any evidence likely to contain biological material that was in the possession of any governmental evidence-retention entity during the investigation and prosecution of a criminal case or delinquent child case involving a violation of section 2903.01, 2903.02, or 2903.03, a violation of section 2903.04 or 2903.06 that is a felony of the first or second degree, a violation of section 2907.02 or 2907.03 or of division (A)(4) or (B) of section 2907.05 of the Revised Code, or an attempt to commit a violation of section 2907.02 of the Revised Code.

(4) A governmental evidence-retention entity that possesses biological evidence shall retain the biological evidence in the amount and manner sufficient to develop a DNA record from the biological material contained in or included on the evidence.

(5) Upon written request by the defendant in a criminal case or the alleged delinquent child in a delinquent child case involving a violation of section 2903.01, 2903.02, 2903.03, or 2905.32, a violation of section 2903.04 or 2903.06 that is a felony of the first or second degree, a violation of section 2907.02 or 2907.03 or of division (A)(4) or (B) of section 2907.05 of the Revised Code, or an attempt to commit a violation of section 2907.02 of the Revised Code, a governmental evidence-retention entity that possesses biological evidence shall prepare an inventory of the biological evidence that has been preserved in connection with the defendant's criminal case or the alleged delinquent child's delinquent child case.

(6) Except as otherwise provided in division (B)(8) of this section, a governmental evidence-retention entity that possesses biological evidence that includes biological material may destroy the evidence before the expiration of the applicable period of time specified in division (B)(1) of this section if all of the following apply:

(a) No other provision of federal or state law requires the state to preserve the evidence.

(b) The governmental evidence-retention entity, by certified mail, return receipt requested, provides notice of intent to destroy the evidence to all of the following:

(i) All persons who remain in custody, incarcerated, in a department of youth services institution or other juvenile facility, under a community control sanction, under any order of disposition, on probation or parole, under judicial release or supervised release, under post-release control, involved in civil litigation, or subject to registration and other duties imposed for that offense or act under sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code as a result of a criminal conviction, delinquency adjudication, or commitment related to the evidence in question;

(ii) The attorney of record for each person who is in custody in any circumstance described in division (B)(6)(b)(i) of this section if the attorney of record can be located;

(iii) The state public defender;

(iv) The office of the prosecutor of record in the case that resulted in the custody of the person in custody in any circumstance described in division (B)(6)(b)(i) of this section;

(v) The attorney general.

(c) No person who is notified under division (B)(6)(b) of this section does either of the following within one year after the date on which the person receives the notice:

(i) Files a motion for testing of evidence under sections 2953.71 to 2953.81 or section 2953.82 of the Revised Code;

(ii) Submits a written request for retention of evidence to the governmental evidence-retention entity that provided notice of its intent to destroy evidence under division (B)(6)(b) of this section.

(7) Except as otherwise provided in division (B)(8) of this section, if, after providing notice under division (B)(6)(b) of this section of its intent to destroy evidence, a governmental evidence-retention entity receives a written request for retention of the evidence from any person to whom the notice is provided, the governmental evidence-retention entity shall retain the evidence while the person referred to in division (B)(6)(b)(i) of this section remains in custody, incarcerated, in a department of youth services institution or other juvenile facility, under a community control sanction, under any order of disposition, on probation or parole, under judicial release or supervised release, under post-release control, involved in civil litigation, or subject to registration and other duties imposed for that offense or act under sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code as a result of a criminal conviction, delinquency adjudication, or commitment related to the evidence in question.

(8) A governmental evidence-retention entity that possesses biological evidence that includes biological material may destroy the evidence five years after a person pleads guilty or no contest to a violation of section 2903.01, 2903.02, 2903.03, or 2905.32, a violation of section 2903.04 or 2903.06 that is a felony of the first or second degree, a violation of section 2907.02, 2907.03, division (A)(4) or (B) of section 2907.05, or an attempt to commit a violation of section 2907.02 of the Revised Code and all appeals have been exhausted unless either of the following applies:

(a) Upon a motion to the court by the person who pleaded guilty or no contest or the person's attorney and notice to those persons described in division (B)(6)(b) of this section requesting that the evidence not be destroyed, the court finds good cause as to why that evidence must be retained.

(b) A victim submits a request pursuant to section 109.68 of the Revised Code for further preservation of a sexual assault examination kit or its probative contents beyond the intended destruction or disposal date.

(9) A governmental evidence-retention entity shall not be required to preserve physical evidence pursuant to this section that is of such a size, bulk, or physical character as to render retention impracticable. When retention of physical evidence that otherwise would be required to be retained pursuant to this section is impracticable as described in this division, the governmental evidence-retention entity that otherwise would be required to retain the physical evidence shall remove and preserve portions of the material evidence likely to contain biological evidence related to the offense, in a quantity sufficient to permit future DNA testing before returning or disposing of that physical evidence.

(C) The office of the attorney general shall administer and conduct training programs for law enforcement officers and other relevant employees who are charged with preserving and cataloging biological evidence regarding the methods and procedures referenced in this section.

Last updated August 4, 2023 at 11:54 AM

Notes of Decisions
Cited in 24 cases (11 in the last 5 years), 2011–2026 · leading case: State v. Roberts, 2012 Ohio 5684 (Ohio 2012).
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State v. Roberts, 2012 Ohio 5684 (Ohio 2012). · cites it 32× “{¶ 1} In this appeal, we decide whether the obligation to preserve and catalog criminal-offense-related biological evidence imposed upon certain government entities by R.C. 2933.82 applies to evidence in the possession of those entities at the time of the statute’s effective…”
State v. Widmer, 2013 Ohio 62 (Ohio Ct. App. 2013). · cites it 7× “Background {¶ 112} In April 2011, Widmer filed a "Motion to Preserve Evidence," seeking to preserve Sarah Widmer's biological remains and all physical evidence collected from the crime scene pursuant to R.C. 2933.82. One month later, the trial court granted Widmer's motion.”
State v. Braden (Slip Opinion), 2019 Ohio 4204 (Ohio 2019). · cites it 3× “The state argued that because Roberts was convicted in 1997 and the statute did not become effective until 2010, the statute did not apply to evidence collected in his case unless it was applied retroactively.”
State v. Vansickle, 2014 Ohio 1324 (Ohio Ct. App. 2014). · cites it 4× “Vansickle also asserts that the clothing, body, and DNA evidence were collected in violation of the Ohio Attorney General's Collection Policy and Procedures, the Ohio Administrative Rules, and R.”
State v. Warren, 2022 Ohio 4743 (Ohio Ct. App. 2022). · cites it 2× “{¶ 14} Unlike more obvious types of biological material such as a blood stain, a casual examination of a shell casing may not reveal the existence of skin tissue.”
State v. Craig, 2023 Ohio 1003 (Ohio Ct. App. 2023). · cites it 2× “316, which became effective on March 23, 2015 and amended R.C. 2933.82. As amended, R.C. 2933.82(B)(2)(a) required the Sheriff's Office to forward all sexual assault kits in its possession that were collected during a rape investigation to a crime laboratory for DNA testing by…”
State v. Bryson, 2013 Ohio 934 (Ohio Ct. App. 2013). “But the court found that, under R.C. 2933.82, those deficiencies could be argued to the jury.”
State v. Howard, 2022 Ohio 2159 (Ohio Ct. App. 2022). “In this motion, Howard argued recent advances in DNA technology should have made it possible to prove his innocence through the forensic testing of evidence collected from the crime scenes but the state effectively precluded that testing by destroying evidence in contravention…”
State v. Gerald, 2014 Ohio 3629 (Ohio Ct. App. 2014). “{¶14} Appellant cites R.C. 2933.82 "Securing biological evidence" in support of his contention that the State had an obligation to preserve the DNA evidence on the murder weapons that were in the State's possession.”
State v. Barron, 2011 Ohio 2425 (Ohio Ct. App. 2011). “{¶ 29} Should evidence of guilt be suppressed because the State destroyed the only evidence from which a defendant potentially can establish reasonable doubt?5 The dilemma 4 R.C. 2933.82 now imposes a duty on a “governmental evidence-retention entity” (including a crime…”
State v. Bullitt, 2016 Ohio 4868 (Ohio Ct. App. 2016). “Bullitt brought this motion pursuant to R.C. 2933.82. This provision pertains solely to the preservation of “biological material that was in possession of any governmental evidence retention entity during investigation and prosecution of any case or delinquent child case * * *”…”
State v. McCrary, 2014 Ohio 1468 (Ohio Ct. App. 2014). “R.C. 2933.82(A)(3). {¶48} The trial court watched the videotaped interviews and line-ups and heard testimony at the suppression hearing.”
Show all 24 citing cases →
Ohio Rev. Code § 2933.82(A)(1)(a)(ii): 4 cases
State v. Roberts, 2012 Ohio 5684 (Ohio 2012). “{¶ 1} In this appeal, we decide whether the obligation to preserve and catalog criminal-offense-related biological evidence imposed upon certain government entities by R.C. 2933.82 applies to evidence in the possession of those entities at the time of the statute’s effective…”
State v. Warren, 2022 Ohio 4743 (Ohio Ct. App. 2022). “{¶ 14} Unlike more obvious types of biological material such as a blood stain, a casual examination of a shell casing may not reveal the existence of skin tissue.”
State v. Livingston, 2022 Ohio 3312 (Ohio Ct. App. 2022).
State v. Riley, 2026 Ohio 1453 (Ohio Ct. App. 2026).
Ohio Rev. Code § 2933.82(A)(3): 1 case
State v. McCrary, 2014 Ohio 1468 (Ohio Ct. App. 2014). “R.C. 2933.82(A)(3). {¶48} The trial court watched the videotaped interviews and line-ups and heard testimony at the suppression hearing.”
Ohio Rev. Code § 2933.82(A)(5)(a): 1 case
State v. Warren, 2022 Ohio 4743 (Ohio Ct. App. 2022). “{¶ 14} Unlike more obvious types of biological material such as a blood stain, a casual examination of a shell casing may not reveal the existence of skin tissue.”
Ohio Rev. Code § 2933.82(B)(1)(c): 1 case
McCloud v. Warden Doug Luneke (N.D. Ohio 2025).
Ohio Rev. Code § 2933.82(B)(2): 1 case
State v. Roberts, 2012 Ohio 5684 (Ohio 2012). “{¶ 1} In this appeal, we decide whether the obligation to preserve and catalog criminal-offense-related biological evidence imposed upon certain government entities by R.C. 2933.82 applies to evidence in the possession of those entities at the time of the statute’s effective…”
Ohio Rev. Code § 2933.82(B)(2)(a): 1 case
State v. Craig, 2023 Ohio 1003 (Ohio Ct. App. 2023). “316, which became effective on March 23, 2015 and amended R.C. 2933.82. As amended, R.C. 2933.82(B)(2)(a) required the Sheriff's Office to forward all sexual assault kits in its possession that were collected during a rape investigation to a crime laboratory for DNA testing by…”
Ohio Rev. Code § 2933.82(B)(3): 2 cases
State v. Widmer, 2013 Ohio 62 (Ohio Ct. App. 2013). “Background {¶ 112} In April 2011, Widmer filed a "Motion to Preserve Evidence," seeking to preserve Sarah Widmer's biological remains and all physical evidence collected from the crime scene pursuant to R.C. 2933.82. One month later, the trial court granted Widmer's motion.”
State v. Roberts, 2012 Ohio 5684 (Ohio 2012). “{¶ 1} In this appeal, we decide whether the obligation to preserve and catalog criminal-offense-related biological evidence imposed upon certain government entities by R.C. 2933.82 applies to evidence in the possession of those entities at the time of the statute’s effective…”
Ohio Rev. Code § 2933.82(B)(4): 1 case
State v. Roberts, 2012 Ohio 5684 (Ohio 2012). “{¶ 1} In this appeal, we decide whether the obligation to preserve and catalog criminal-offense-related biological evidence imposed upon certain government entities by R.C. 2933.82 applies to evidence in the possession of those entities at the time of the statute’s effective…”
Ohio Rev. Code § 2933.82(C): 1 case
State v. Vansickle, 2014 Ohio 1324 (Ohio Ct. App. 2014). “Vansickle also asserts that the clothing, body, and DNA evidence were collected in violation of the Ohio Attorney General's Collection Policy and Procedures, the Ohio Administrative Rules, and R.”
Ohio Rev. Code § 2933.82(C)(1)(a): 1 case
State v. Roberts, 2012 Ohio 5684 (Ohio 2012). “{¶ 1} In this appeal, we decide whether the obligation to preserve and catalog criminal-offense-related biological evidence imposed upon certain government entities by R.C. 2933.82 applies to evidence in the possession of those entities at the time of the statute’s effective…”
Ohio Rev. Code § 2933.82(C)(1)(b): 1 case
State v. Roberts, 2012 Ohio 5684 (Ohio 2012). “{¶ 1} In this appeal, we decide whether the obligation to preserve and catalog criminal-offense-related biological evidence imposed upon certain government entities by R.C. 2933.82 applies to evidence in the possession of those entities at the time of the statute’s effective…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.