As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 526 5
1997-1998 6
REPRESENTATIVES CLANCY-TIBERI-COUGHLIN-PADGETT-CATES-GARCIA- 8
COLONNA-VAN VYVEN-LEWIS-THOMAS-ROMAN-WESTON-NETZLEY-O'BRIEN- 9
TAYLOR-JONES-PRINGLE-BOYD 10
12
A B I L L
To amend sections 2151.315 and 2901.07 of the 14
Revised Code to expand the circumstances under 15
which a DNA specimen must be taken from a 16
convicted offender or adjudicated delinquent 17
child. 18
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 19
Section 1. That sections 2151.315 and 2901.07 of the 21
Revised Code be amended to read as follows: 22
Sec. 2151.315. (A) As used in this section, "DNA 31
analysis" and "DNA specimen" have the same meanings as in section 32
109.573 of the Revised Code. 33
(B)(1) A child who is adjudicated a delinquent child for 35
committing an act listed in division (D) of this section and who 36
is committed to the custody of the department of youth services 37
or to a school, camp, institution, or other facility for 38
delinquent children described in division (A)(3) of section 39
2151.355 of the Revised Code shall submit to a DNA specimen 40
collection procedure administered by the director of youth
services if committed to the department or by the chief 41
administrative officer of the school, camp, institution, or other 42
facility for delinquent children to which the child was 43
committed. If the court commits the child to the department of 44
youth services, the director of youth services shall cause the 45
DNA specimen to be collected from the child during the intake 46
2
process at an institution operated by or under the control of the 47
department. If the court commits the child to a school, camp, 48
institution, or other facility for delinquent children, the chief 49
administrative officer of the school, camp, institution, or 50
facility to which the child is committed shall cause the DNA 52
specimen to be collected from the child during the intake process 53
for the school, camp, institution, or facility. In accordance 54
with division (C) of this section, the director or the chief 55
administrative officer shall cause the DNA specimen to be 58
forwarded to the bureau of criminal identification and 59
investigation no later than fifteen days after the date of the 60
collection of the DNA specimen. The DNA specimen shall be 61
collected from the child in accordance with division (C) of this 63
section.
(2) If a child is adjudicated a delinquent child for 65
committing an act listed in division (D) of this section, is 67
committed to the department of youth services or to a school, 69
camp, institution, or other facility for delinquent children, and 70
does not submit to a DNA specimen collection procedure pursuant 72
to division (B)(1) of this section, prior to the child's release 73
from the custody of the department of youth services or from the 74
custody of the school, camp, institution, or facility, the child 75
shall submit to, and the director of youth services or the chief 76
administrator of the school, camp, institution, or facility to 77
which the child is committed shall administer, a DNA specimen 78
collection procedure at the institution operated by or under the 79
control of the department of youth services or at the school, 80
camp, institution, or facility to which the child is committed. 81
In accordance with division (C) of this section, the director or 82
the chief administrative officer shall cause the DNA specimen to 85
be forwarded to the bureau of criminal identification and
investigation no later than fifteen days after the date of the 86
collection of the DNA specimen. The DNA specimen shall be 87
collected in accordance with division (C) of this section. 88
3
(C) A physician, registered nurse, licensed practical 91
nurse, duly licensed clinical laboratory technician, or other 92
qualified medical practitioner shall collect in a medically
approved manner the DNA specimen required to be collected 93
pursuant to division (B) of this section. No later than fifteen 94
days after the date of the collection of the DNA specimen, the 95
director of youth services or the chief administrative officer of 97
the school, camp, institution, or other facility for delinquent 98
children to which the child is committed shall cause the DNA 99
specimen to be forwarded to the bureau of criminal identification 101
and investigation in accordance with procedures established by 102
the superintendent of the bureau under division (H) of section 104
109.573 of the Revised Code. The bureau shall provide the 105
specimen vials, mailing tubes, labels, postage, and instruction 106
needed for the collection and forwarding of the DNA specimen to 108
the bureau.
(D) The director of youth services and the chief 110
administrative officer of a school, camp, institution, or other 111
facility for delinquent children shall cause a DNA specimen to be 112
collected in accordance with divisions (B) and (C) of this 113
section from each child in its custody who is adjudicated a 114
delinquent child for committing any of the following acts: 116
(1) A violation of section 2903.01, 2903.02, 2905.01, 118
2907.02, 2907.03, 2907.04, 2907.05, or 2911.11 of the Revised 120
Code;
(2) A violation of section 2907.12 of the Revised Code as 122
it existed prior to September 3, 1996; 123
(3) An attempt to commit a violation of section 2907.02, 125
2907.03, 2907.04, or 2907.05 of the Revised Code or to commit a 127
violation of section 2907.12 of the Revised Code as it existed 128
prior to September 3, 1996; 129
(4) A violation of any law that arose out of the same 131
facts and circumstances and same act as did a charge against the 134
child of a violation of section 2903.01, 2903.02, 2905.01, 135
4
2907.02, 2907.03, 2907.04, or 2907.05, OR 2911.11 of the Revised 136
Code that previously was dismissed OR AMENDED or as did a charge 137
against the child of a violation of section 2907.12 of the 138
Revised Code as it existed prior to September 3, 1996, that 139
previously was dismissed OR AMENDED;
(5) A violation of section 2905.02 or 2919.23 of the 141
Revised Code that would have been a violation of section 2905.04 143
of the Revised Code as it existed prior to July 1, 1996, had the 144
violation been committed prior to that date.
(E) The director of youth services and the chief 146
administrative officer of a school, camp, institution, or other 147
facility for delinquent children is not required to comply with 148
this section until the superintendent of the bureau of criminal 150
identification and investigation gives agencies in the juvenile 151
justice system, as defined in section 181.51 of the Revised Code,
in the state official notification that the state DNA laboratory 154
is prepared to accept DNA specimens. 155
Sec. 2901.07. (A) As used in this section: 164
(1) "DNA analysis" and "DNA specimen" have the same 166
meanings as in section 109.573 of the Revised Code. 167
(2) "Jail" and "community-based correctional facility" 169
have the same meanings as in section 2929.01 of the Revised Code. 170
(3) "Post-release control" has the same meaning as in 172
section 2967.28 of the Revised Code. 173
(B)(1) A person who is convicted of or pleads guilty to a 176
felony offense listed in division (D) of this section and who is 177
sentenced to a prison term or to a community residential sanction 178
in a jail or community-based correctional facility pursuant to 179
section 2929.16 of the Revised Code, and a person who is 181
convicted of or pleads guilty to a misdemeanor offense listed in 182
division (D) of this section and who is sentenced to a term of
imprisonment shall submit to a DNA specimen collection procedure 185
administered by the director of rehabilitation and correction or 186
the chief administrative officer of the jail or other detention 187
5
facility in which the person is serving the term of imprisonment. 188
If the person serves the prison term in a state correctional 189
institution, the director of rehabilitation and correction shall 190
cause the DNA specimen to be collected from the person during the 191
intake process at the reception facility designated by the 193
director. If the person serves the community residential 194
sanction or term of imprisonment in a jail, a community-based 195
correctional facility, or another county, multicounty, municipal, 196
municipal-county, or multicounty-municipal detention facility, 197
the chief administrative officer of the jail, community-based 199
correctional facility, or detention facility shall cause the DNA 201
specimen to be collected from the person during the intake
process at the jail, community-based correctional facility, or 202
detention facility. In accordance with division (C) of this 204
section, the director or the chief administrative officer shall 205
cause the DNA specimen to be forwarded to the bureau of criminal 206
identification and investigation no later than fifteen days after 207
the date of the collection of the DNA specimen. The DNA specimen 208
shall be collected in accordance with division (C) of this 209
section.
(2) If a person is convicted of or pleads guilty to an 212
offense listed in division (D) of this section, is serving a 214
prison term, community residential sanction, or term of
imprisonment for that offense, and does not provide a DNA 215
specimen pursuant to division (B)(1) of this section, prior to 216
the person's release from the prison term, community residential 217
sanction, or imprisonment, the person shall submit to, and 219
director of rehabilitation and correction or the chief 220
administrative officer of the jail, community-based correctional 221
facility, or detention facility in which the person is serving
the prison term, community residential sanction, or term of 223
imprisonment shall administer, a DNA specimen collection 224
procedure at the state correctional institution, jail, 225
community-based correctional facility, or detention facility in 226
6
which the person is serving the prison term, community 227
residential sanction, or term of imprisonment. In accordance 229
with division (C) of this section, the director or the chief 231
administrative officer shall cause the DNA specimen to be
forwarded to the bureau of criminal identification and 233
investigation no later than fifteen days after the date of the 234
collection of the DNA specimen. The DNA specimen shall be 235
collected in accordance with division (C) of this section. 236
(3) If a person serving a prison term or community 238
residential sanction for a felony is released on parole, 239
furlough, or other release or is on post-release control, if the 240
person is under the supervision of the adult parole authority, if 242
the person is returned to a jail, community-based correctional 243
facility, or state correctional institution for a violation of a 245
condition of the parole, furlough, other release, or post-release 246
control, if the person was or will be serving a prison term or 247
community residential sanction for committing an offense listed 249
in division (D) of this section, and if the person did not 251
provide a DNA specimen pursuant to division (B)(1) or (2) of this 253
section, the person shall submit to, and the director of 254
rehabilitation and correction or the chief administrative officer 255
of the jail or community-based correctional facility shall
administer, a DNA specimen collection procedure at the jail, 258
community-based correctional facility, or state correctional 259
institution in which the person is serving the prison term or 260
community residential sanction. In accordance with division (C) 262
of this section, the director or the chief administrative officer 264
shall cause the DNA specimen to be forwarded to the bureau of 266
criminal identification and investigation no later than fifteen 267
days after the date of the collection of the DNA specimen. The 268
DNA specimen shall be collected from the person in accordance 269
with division (C) of this section. 270
(C) A physician, registered nurse, licensed practical 273
nurse, duly licensed clinical laboratory technician, or other 274
7
qualified medical practitioner shall collect in a medically
approved manner the DNA specimen required to be collected 275
pursuant to division (B) of this section. No later than fifteen 276
days after the date of the collection of the DNA specimen, the 277
director of rehabilitation and correction or the chief 278
administrative officer of the jail, community-based correctional 279
facility, or other county, multicounty, municipal, 280
municipal-county, or multicounty-municipal detention facility, in 281
which the person is serving the prison term, community 282
residential sanction, or term of imprisonment shall cause the DNA 283
specimen to be forwarded to the bureau of criminal identification 284
and investigation in accordance with procedures established by 285
the superintendent of the bureau under division (H) of section 286
109.573 of the Revised Code. The bureau shall provide the 287
specimen vials, mailing tubes, labels, postage, and instructions 288
needed for the collection and forwarding of the DNA specimen to 289
the bureau.
(D) The director of rehabilitation and correction and the 291
chief administrative officer of the jail, community-based 292
correctional facility, or other county, multicounty, municipal, 293
municipal-county, or multicounty-municipal detention facility 294
shall cause a DNA specimen to be collected in accordance with 297
divisions (B) and (C) of this section from a person in its 298
custody who is convicted of or pleads guilty to any of the 299
following offenses: 300
(1) A violation of section 2903.01, 2903.02, 2905.01, 302
2907.02, 2907.03, 2907.04, 2907.05, or 2911.11 of the Revised 304
Code;
(2) A violation of section 2907.12 of the Revised Code as 306
it existed prior to September 3, 1996; 307
(3) An attempt to commit a violation of section 2907.02, 309
2907.03, 2907.04, or 2907.05 of the Revised Code or to commit a 311
violation of section 2907.12 of the Revised Code as it existed
prior to September 3, 1996; 313
8
(4) A violation of any law that arose out of the same 315
facts and circumstances and same act as did a charge against the 316
person of a violation of section 2903.01, 2903.02, 2905.01, 317
2907.02, 2907.03, 2907.04, or 2907.05, OR 2911.11 of the Revised 318
Code that previously was dismissed OR AMENDED or as did a charge 319
against the person of a violation of section 2907.12 of the 320
Revised Code as it existed prior to September 3, 1996, that 321
previously was dismissed OR AMENDED; 322
(5) A violation of section 2905.02 or 2919.23 of the 324
Revised Code that would have been a violation of section 2905.04 325
of the Revised Code as it existed prior to July 1, 1996, had it 326
been committed prior to that date; 327
(6) A sexually oriented offense, as defined in section 329
2950.01 of the Revised Code, if, in relation to that offense, the 331
offender has been adjudicated as being a sexual predator, as 332
defined in section 2950.01 of the Revised Code. 333
(E) The director of rehabilitation and correction or a 335
chief administrative officer of a jail, community-based 336
correctional facility, or other detention facility described in 338
division (B) of this section is not required to comply with this 339
section until the superintendent of the bureau of criminal 340
identification and investigation gives agencies in the criminal 341
justice system, as defined in section 181.51 of the Revised Code,
in the state official notification that the state DNA laboratory 342
is prepared to accept DNA specimens. 343
Section 2. That existing sections 2151.315 and 2901.07 of 345
the Revised Code are hereby repealed. 346