Ohio Rev. Code » Chapter 2953
Ohio Revised Code

Ohio Rev. Code § 2953.81 (2026)

Test results

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Effective:
July 6, 2010
Latest Legislation:
Senate Bill 77 - 128th General Assembly
PDF:
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If an eligible offender 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 offender 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 offender is imprisoned or confined relative to the sentence in question, is on parole or probation relative to that sentence, is under post-release control or a community control sanction relative to that sentence, or has a duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code relative to that sentence. Additionally, if the prison term or confinement under the sentence in question expires, if the sentence in question is a sentence of death and the offender is executed, or if the parole or probation period, the period of post-release control, the community control sanction, or the duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code under the sentence in question ends, the samples shall be preserved for a reasonable period of time of not less than twenty-four months after the term or confinement expires, the offender is executed, or the parole or probation period, the period of post-release control, the community control sanction, or the duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code ends, whichever is applicable. 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 or confinement expires, the offender is executed, or the parole or probation period, the period of post-release control, the community control sanction, or the duty to comply with sections 2950.04, 2950.041, 2950.05, and 2950.06 of the Revised Code ends, whichever is applicable.

(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 offender.

(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 offender or the state may enter the results of the testing into any proceeding.
Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 2007–2024 · leading case: State v. Noling (Slip Opinion), 2018-Ohio-795, 101 N.E.3d 435.
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State v. Noling (Slip Opinion), 2018-Ohio-795, 101 N.E.3d 435. · cites it 49× “Background {¶ 68} R.C. 2953.81 provides: If an eligible offender submits an application for DNA testing under section 2953.”
State v. King, 2017-Ohio-181. · cites it 7× “{¶52} King further argues that disclosure of the results and records is mandatory pursuant to R.C. 2953.81(), which provides that if DNA testing is performed based on an application for DNA testing under R.”
State v. Sterling, 864 N.E.2d 630 (Ohio 2007). · cites it 2× “{¶ 16} “(2) Upon completion of the DNA testing, section 2953.81 of the Revised Code applies.”
State v. Reed, 2024-Ohio-5412, 257 N.E.3d 1161. “71 to R.C. 2953.81 based solely on a failure to show the test would be outcome determinative.”
State v. Daniels, 2020-Ohio-3810. “71 to §2953.81, within the judgment and order. {¶34} R.”
State v. Nieves, 2016-Ohio-5090. “Accordingly, we remand this case to the trial court to clarify its basis as to the rejection of the application for DNA testing of the shoes and clothing as applied to the criteria and procedures set forth in R.”
State v. Richard, 2013-Ohio-3918. “” R.C. 2953.81 governs the maintenance of DNA test results.”
Widmer v. Warden, Corr. Reception Ctr., No. 1:14-cv-00303 (S.D. Ohio Dec. 29, 2023). · cites it 3× “71 through § 2953.81 is not the “exclusive means by which an inmate may obtain postconviction testing.”
Ohio Rev. Code § 2953.81(A): 1 case
State v. Noling (Slip Opinion), 2018-Ohio-795, 101 N.E.3d 435. “Background {¶ 68} R.C. 2953.81 provides: If an eligible offender submits an application for DNA testing under section 2953.”
Ohio Rev. Code § 2953.81(B): 1 case
State v. King, 2017-Ohio-181. “{¶52} King further argues that disclosure of the results and records is mandatory pursuant to R.C. 2953.81(), which provides that if DNA testing is performed based on an application for DNA testing under R.”
Ohio Rev. Code § 2953.81(C): 1 case
State v. Noling (Slip Opinion), 2018-Ohio-795, 101 N.E.3d 435. “Background {¶ 68} R.C. 2953.81 provides: If an eligible offender submits an application for DNA testing under section 2953.”
Ohio Rev. Code § 2953.81(E): 1 case
State v. Noling (Slip Opinion), 2018-Ohio-795, 101 N.E.3d 435. “Background {¶ 68} R.C. 2953.81 provides: If an eligible offender submits an application for DNA testing under section 2953.”
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