As Reported by the House Criminal Justice Committee 1
122nd General Assembly 4
Regular Session Sub. 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-LUCAS-FORD-CALLENDER-MYERS- 10
WILLAMOWSKI-MASON 11
13
A B I L L
To amend sections 2151.315 and 2901.07 of the 15
Revised Code to expand the circumstances under 16
which a DNA specimen must be taken from a 17
convicted offender or adjudicated delinquent 18
child. 19
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That sections 2151.315 and 2901.07 of the 23
Revised Code be amended to read as follows: 24
Sec. 2151.315. (A) As used in this section, "DNA 33
analysis" and "DNA specimen" have the same meanings as in section 34
109.573 of the Revised Code. 35
(B)(1) A child who is adjudicated a delinquent child for 37
committing an act listed in division (D) of this section and who 38
is committed to the custody of the department of youth services 39
or to a school, camp, institution, or other facility for 40
delinquent children described in division (A)(3) of section 41
2151.355 of the Revised Code shall submit to a DNA specimen 42
collection procedure administered by the director of youth
services if committed to the department or by the chief 43
administrative officer of the school, camp, institution, or other 44
facility for delinquent children to which the child was 45
committed. If the court commits the child to the department of 46
youth services, the director of youth services shall cause the 47
2
DNA specimen to be collected from the child during the intake 48
process at an institution operated by or under the control of the 49
department. If the court commits the child to a school, camp, 50
institution, or other facility for delinquent children, the chief 51
administrative officer of the school, camp, institution, or 52
facility to which the child is committed shall cause the DNA 54
specimen to be collected from the child during the intake process 55
for the school, camp, institution, or facility. In accordance 56
with division (C) of this section, the director or the chief 57
administrative officer shall cause the DNA specimen to be 60
forwarded to the bureau of criminal identification and 61
investigation no later than fifteen days after the date of the 62
collection of the DNA specimen. The DNA specimen shall be 63
collected from the child in accordance with division (C) of this 65
section.
(2) If a child is adjudicated a delinquent child for 67
committing an act listed in division (D) of this section, is 69
committed to the department of youth services or to a school, 71
camp, institution, or other facility for delinquent children, and 72
does not submit to a DNA specimen collection procedure pursuant 74
to division (B)(1) of this section, prior to the child's release 75
from the custody of the department of youth services or from the 76
custody of the school, camp, institution, or facility, the child 77
shall submit to, and the director of youth services or the chief 78
administrator of the school, camp, institution, or facility to 79
which the child is committed shall administer, a DNA specimen 80
collection procedure at the institution operated by or under the 81
control of the department of youth services or at the school, 82
camp, institution, or facility to which the child is committed. 83
In accordance with division (C) of this section, the director or 84
the chief administrative officer shall cause the DNA specimen to 87
be forwarded to the bureau of criminal identification and
investigation no later than fifteen days after the date of the 88
collection of the DNA specimen. The DNA specimen shall be 89
3
collected in accordance with division (C) of this section. 90
(C) A physician, registered nurse, licensed practical 93
nurse, duly licensed clinical laboratory technician, or other 94
qualified medical practitioner shall collect in a medically
approved manner the DNA specimen required to be collected 95
pursuant to division (B) of this section. No later than fifteen 96
days after the date of the collection of the DNA specimen, the 97
director of youth services or the chief administrative officer of 99
the school, camp, institution, or other facility for delinquent 100
children to which the child is committed shall cause the DNA 101
specimen to be forwarded to the bureau of criminal identification 103
and investigation in accordance with procedures established by 104
the superintendent of the bureau under division (H) of section 106
109.573 of the Revised Code. The bureau shall provide the 107
specimen vials, mailing tubes, labels, postage, and instruction 108
needed for the collection and forwarding of the DNA specimen to 110
the bureau.
(D) The director of youth services and the chief 112
administrative officer of a school, camp, institution, or other 113
facility for delinquent children shall cause a DNA specimen to be 114
collected in accordance with divisions (B) and (C) of this 115
section from each child in its custody who is adjudicated a 116
delinquent child for committing any of the following acts: 118
(1) A violation of section 2903.01, 2903.02, 2905.01, 120
2907.02, 2907.03, 2907.04, 2907.05, or 2911.11 of the Revised 122
Code;
(2) A violation of section 2907.12 of the Revised Code as 124
it existed prior to September 3, 1996; 125
(3) An attempt to commit a violation of section 2907.02, 127
2907.03, 2907.04, or 2907.05 of the Revised Code or to commit a 129
violation of section 2907.12 of the Revised Code as it existed 130
prior to September 3, 1996; 131
(4) A violation of any law that arose out of the same 133
facts and circumstances and same act as did a charge against the 136
4
child of a violation of section 2903.01, 2903.02, 2905.01, 137
2907.02, 2907.03, 2907.04, or 2907.05, OR 2911.11 of the Revised 138
Code that previously was dismissed OR AMENDED or as did a charge 139
against the child of a violation of section 2907.12 of the 140
Revised Code as it existed prior to September 3, 1996, that 141
previously was dismissed OR AMENDED;
(5) A violation of section 2905.02 or 2919.23 of the 143
Revised Code that would have been a violation of section 2905.04 145
of the Revised Code as it existed prior to July 1, 1996, had the 146
violation been committed prior to that date.
(E) The director of youth services and the chief 148
administrative officer of a school, camp, institution, or other 149
facility for delinquent children is not required to comply with 150
this section until the superintendent of the bureau of criminal 152
identification and investigation gives agencies in the juvenile 153
justice system, as defined in section 181.51 of the Revised Code,
in the state official notification that the state DNA laboratory 156
is prepared to accept DNA specimens. 157
Sec. 2901.07. (A) As used in this section: 166
(1) "DNA analysis" and "DNA specimen" have the same 168
meanings as in section 109.573 of the Revised Code. 169
(2) "Jail" and "community-based correctional facility" 171
have the same meanings as in section 2929.01 of the Revised Code. 172
(3) "Post-release control" has the same meaning as in 174
section 2967.01 of the Revised Code. 176
(B)(1) A person who is convicted of or pleads guilty to a 179
felony offense listed in division (D) of this section and who is 180
sentenced to a prison term or to a community residential sanction 181
in a jail or community-based correctional facility pursuant to 182
section 2929.16 of the Revised Code, and a person who is 184
convicted of or pleads guilty to a misdemeanor offense listed in 185
division (D) of this section and who is sentenced to a term of
imprisonment shall submit to a DNA specimen collection procedure 188
administered by the director of rehabilitation and correction or 189
5
the chief administrative officer of the jail or other detention 190
facility in which the person is serving the term of imprisonment. 191
If the person serves the prison term in a state correctional 192
institution, the director of rehabilitation and correction shall 193
cause the DNA specimen to be collected from the person during the 194
intake process at the reception facility designated by the 196
director. If the person serves the community residential 197
sanction or term of imprisonment in a jail, a community-based 198
correctional facility, or another county, multicounty, municipal, 199
municipal-county, or multicounty-municipal detention facility, 200
the chief administrative officer of the jail, community-based 202
correctional facility, or detention facility shall cause the DNA 204
specimen to be collected from the person during the intake
process at the jail, community-based correctional facility, or 205
detention facility. In accordance with division (C) of this 207
section, the director or the chief administrative officer shall 208
cause the DNA specimen to be forwarded to the bureau of criminal 209
identification and investigation no later than fifteen days after 210
the date of the collection of the DNA specimen. The DNA specimen 211
shall be collected in accordance with division (C) of this 212
section.
(2) If a person is convicted of or pleads guilty to an 215
offense listed in division (D) of this section, is serving a 217
prison term, community residential sanction, or term of
imprisonment for that offense, and does not provide a DNA 218
specimen pursuant to division (B)(1) of this section, prior to 219
the person's release from the prison term, community residential 220
sanction, or imprisonment, the person shall submit to, and 222
director of rehabilitation and correction or the chief 223
administrative officer of the jail, community-based correctional 224
facility, or detention facility in which the person is serving
the prison term, community residential sanction, or term of 226
imprisonment shall administer, a DNA specimen collection 227
procedure at the state correctional institution, jail, 228
6
community-based correctional facility, or detention facility in 229
which the person is serving the prison term, community 230
residential sanction, or term of imprisonment. In accordance 232
with division (C) of this section, the director or the chief 234
administrative officer shall cause the DNA specimen to be
forwarded to the bureau of criminal identification and 236
investigation no later than fifteen days after the date of the 237
collection of the DNA specimen. The DNA specimen shall be 238
collected in accordance with division (C) of this section. 239
(3) If a person serving a prison term or community 241
residential sanction for a felony is released on parole, under 243
transitional control, or on another type of release or is on 244
post-release control, if the person is under the supervision of 246
the adult parole authority, if the person is returned to a jail, 247
community-based correctional facility, or state correctional 248
institution for a violation of the terms and conditions of the 250
parole, transitional control, other release, or post-release 252
control, if the person was or will be serving a prison term or 253
community residential sanction for committing an offense listed 255
in division (D) of this section, and if the person did not 257
provide a DNA specimen pursuant to division (B)(1) or (2) of this 259
section, the person shall submit to, and the director of 260
rehabilitation and correction or the chief administrative officer 261
of the jail or community-based correctional facility shall
administer, a DNA specimen collection procedure at the jail, 264
community-based correctional facility, or state correctional 265
institution in which the person is serving the prison term or 266
community residential sanction. In accordance with division (C) 268
of this section, the director or the chief administrative officer 270
shall cause the DNA specimen to be forwarded to the bureau of 272
criminal identification and investigation no later than fifteen 273
days after the date of the collection of the DNA specimen. The 274
DNA specimen shall be collected from the person in accordance 275
with division (C) of this section. 276
7
(C) A physician, registered nurse, licensed practical 279
nurse, duly licensed clinical laboratory technician, or other 280
qualified medical practitioner shall collect in a medically
approved manner the DNA specimen required to be collected 281
pursuant to division (B) of this section. No later than fifteen 282
days after the date of the collection of the DNA specimen, the 283
director of rehabilitation and correction or the chief 284
administrative officer of the jail, community-based correctional 285
facility, or other county, multicounty, municipal, 286
municipal-county, or multicounty-municipal detention facility, in 287
which the person is serving the prison term, community 288
residential sanction, or term of imprisonment shall cause the DNA 289
specimen to be forwarded to the bureau of criminal identification 290
and investigation in accordance with procedures established by 291
the superintendent of the bureau under division (H) of section 292
109.573 of the Revised Code. The bureau shall provide the 293
specimen vials, mailing tubes, labels, postage, and instructions 294
needed for the collection and forwarding of the DNA specimen to 295
the bureau.
(D) The director of rehabilitation and correction and the 297
chief administrative officer of the jail, community-based 298
correctional facility, or other county, multicounty, municipal, 299
municipal-county, or multicounty-municipal detention facility 300
shall cause a DNA specimen to be collected in accordance with 303
divisions (B) and (C) of this section from a person in its 304
custody who is convicted of or pleads guilty to any of the 305
following offenses: 306
(1) A violation of section 2903.01, 2903.02, 2905.01, 308
2907.02, 2907.03, 2907.04, 2907.05, or 2911.11 of the Revised 310
Code;
(2) A violation of section 2907.12 of the Revised Code as 312
it existed prior to September 3, 1996; 313
(3) An attempt to commit a violation of section 2907.02, 315
2907.03, 2907.04, or 2907.05 of the Revised Code or to commit a 317
8
violation of section 2907.12 of the Revised Code as it existed
prior to September 3, 1996; 319
(4) A violation of any law that arose out of the same 321
facts and circumstances and same act as did a charge against the 324
person of a violation of section 2903.01, 2903.02, 2905.01, 326
2907.02, 2907.03, 2907.04, or 2907.05, OR 2911.11 of the Revised 328
Code that previously was dismissed OR AMENDED or as did a charge 329
against the person of a violation of section 2907.12 of the 331
Revised Code as it existed prior to September 3, 1996, that 333
previously was dismissed OR AMENDED;
(5) A violation of section 2905.02 or 2919.23 of the 335
Revised Code that would have been a violation of section 2905.04 338
of the Revised Code as it existed prior to July 1, 1996, had it 340
been committed prior to that date;
(6) A sexually oriented offense, as defined in section 342
2950.01 of the Revised Code, if, in relation to that offense, the 344
offender has been adjudicated as being a sexual predator, as 345
defined in section 2950.01 of the Revised Code. 346
(E) The director of rehabilitation and correction or a 348
chief administrative officer of a jail, community-based 349
correctional facility, or other detention facility described in 351
division (B) of this section is not required to comply with this 352
section until the superintendent of the bureau of criminal 353
identification and investigation gives agencies in the criminal 354
justice system, as defined in section 181.51 of the Revised Code,
in the state official notification that the state DNA laboratory 355
is prepared to accept DNA specimens. 356
Section 2. That existing sections 2151.315 and 2901.07 of 358
the Revised Code are hereby repealed. 359