As Introduced

136th General Assembly

Regular Session S. B. No. 480

2025-2026

Senator Patton

To enact section 313.124 of the Revised Code to require a coroner to preserve and store a DNA sample for future genetic analysis when the coroner performs an autopsy and is unable to determine a cause of death.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 313.124 of the Revised Code be enacted to read as follows:

Sec. 313.124. (A) As used in this section:

(1) "Standard collection card" means a filter paper matrix designed for the collection, stabilization, and long-term storage of dried blood spots for DNA preservation.

(2) "Unexplained death from apparent natural causes" means a death where, after an autopsy, the coroner is unable to definitively establish a structural, anatomical, or toxicological cause of death or where a suspected underlying genetic cardiovascular, metabolic, or neurological condition cannot be confirmed without molecular analysis.

(B)(1) If a coroner performs an autopsy on a decedent and determines the cause of death to be an unexplained death from apparent natural causes, the coroner shall collect a blood sample from the deceased on a standard collection card.

(2) The coroner shall preserve and securely store the standard collection card in a manner that maintains the integrity of the biological specimen for future clinical genetic analysis. The coroner shall retain the card within the property or custody of the coroner's office for at least eighteen years from the date of collection. Upon the expiration of the eighteen-year period, the coroner may dispose of the card in accordance with section 313.123 of the Revised Code unless a written extension is requested by the executor designated pursuant to division (C) of this section. If a written extension is requested by the designated executor, the coroner shall maintain the card for an additional ten years, after which the designated executor may submit an additional written request for an extension.

(C) At the time of collection, the coroner shall provide the decedent's next of kin, as specified in division (B) of section 2108.81 of the Revised Code, with a standardized form to designate an executor of genetic material. The designated executor holds the exclusive authority to approve or deny the release of the preserved genetic material.

(D)(1) Any immediate or extended family member of the deceased may request access to the standard collection card for the purpose of medical or genealogical genetic analysis. Immediate and extended family members include a surviving spouse, biological and legally adopted children, step children, biological and legally adoptive parents, step parents, biological grandchildren and legally adopted grandchildren, siblings of the whole or half blood and legally adopted siblings, biological and legally adoptive grandparents, first cousins, step siblings, aunts, uncles, great grandparents, and great grandchildren.

(2) The coroner shall release the standard collection card, or an appropriate sample thereof, upon receiving a written request from the family member accompanied by signed and notarized approval of the designated executor.

(3) The coroner's office is not financially responsible for the processing, shipping, or clinical analysis of the genetic material. All arrangements and costs associated with the genetic testing are the sole responsibility of the individual requesting the material.

(E) The department of health, in collaboration with the Ohio state coroners association, shall establish a standing committee of medical examiners, forensic pathologists, and clinical geneticists. This committee shall do both of the following:

(1) Compile, maintain, and annually update a public directory of accredited and reliable genetic testing laboratories;

(2) Publish standardized guidelines for families outlining best clinical practices for processing postmortem genetic material and interpreting the resulting medical data.

(F)(1) Beginning five years after the effective date of this section and every five years thereafter, the department of health, in collaboration with the Ohio state coroners association, shall conduct a formal review of the collection, storage, security, and distribution policies established under this section.

(2) Beginning five years and three months after the effective date of this section and every five years thereafter, the department of health shall submit a report to the general assembly in accordance with section 101.68 of the Revised Code recommending statutory or administrative adjustments based on evolving economic, scientific, technological, and practical considerations.

(G) The director of health shall adopt rules in accordance with Chapter 119. of the Revised Code as necessary to implement this section.