As Introduced

124th General Assembly
Regular Session
2001-2002
H. B. No. 427


REPRESENTATIVE Womer Benjamin



A BILL
To amend sections 2151.315, 2152.74, 2743.191, and1
2901.07 of the Revised Code to expand the offenses2
for which DNA specimens are collected from3
delinquent children and criminal offenders and to4
pay the costs of DNA specimen collection from the5
Reparations Fund.6


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

       Section 1. That sections 2151.315, 2152.74, 2743.191, and7
2901.07 of the Revised Code be amended to read as follows:8

       Sec. 2151.315.  (A) As used in this section, "DNA analysis"9
and "DNA specimen" have the same meanings as in section 109.573 of10
the Revised Code.11

       (B)(1) A child who is adjudicated a delinquent child for12
committing an act listed in division (D) of this section and who13
is committed to the custody of the department of youth services or14
to a school, camp, institution, or other facility for delinquent15
children described in division (A)(3) of section 2151.355 of the16
Revised Code shall submit to a DNA specimen collection procedure17
administered by the director of youth services if committed to the18
department or by the chief administrative officer of the school,19
camp, institution, or other facility for delinquent children to20
which the child was committed. If the court commits the child to21
the department of youth services, the director of youth services22
shall cause the DNA specimen to be collected from the child during23
the intake process at an institution operated by or under the24
control of the department. If the court commits the child to a25
school, camp, institution, or other facility for delinquent26
children, the chief administrative officer of the school, camp,27
institution, or facility to which the child is committed shall28
cause the DNA specimen to be collected from the child during the29
intake process for the school, camp, institution, or facility. In30
accordance with division (C) of this section, the director or the31
chief administrative officer shall cause the DNA specimen to be32
forwarded to the bureau of criminal identification and33
investigation no later than fifteen days after the date of the34
collection of the DNA specimen. The DNA specimen shall be35
collected from the child in accordance with division (C) of this36
section.37

       (2) If a child is adjudicated a delinquent child for38
committing an act listed in division (D) of this section, is39
committed to the department of youth services or to a school,40
camp, institution, or other facility for delinquent children, and41
does not submit to a DNA specimen collection procedure pursuant to42
division (B)(1) of this section, prior to the child's release from43
the custody of the department of youth services or from the44
custody of the school, camp, institution, or facility, the child45
shall submit to, and the director of youth services or the chief46
administrator of the school, camp, institution, or facility to47
which the child is committed shall administer, a DNA specimen48
collection procedure at the institution operated by or under the49
control of the department of youth services or at the school,50
camp, institution, or facility to which the child is committed. In51
accordance with division (C) of this section, the director or the52
chief administrative officer shall cause the DNA specimen to be53
forwarded to the bureau of criminal identification and54
investigation no later than fifteen days after the date of the55
collection of the DNA specimen. The DNA specimen shall be56
collected in accordance with division (C) of this section.57

       (C) A physician, registered nurse, licensed practical nurse,58
duly licensed clinical laboratory technician, or other qualified59
medical practitioner shall collect in a medically approved manner60
the DNA specimen required to be collected pursuant to division (B)61
of this section. No later than fifteen days after the date of the62
collection of the DNA specimen, the director of youth services or63
the chief administrative officer of the school, camp, institution,64
or other facility for delinquent children to which the child is65
committed shall cause the DNA specimen to be forwarded to the66
bureau of criminal identification and investigation in accordance67
with procedures established by the superintendent of the bureau68
under division (H) of section 109.573 of the Revised Code. The69
bureau shall provide the specimen vials, mailing tubes, labels,70
postage, and instruction needed for the collection and forwarding71
of the DNA specimen to the bureau.72

       (D) The director of youth services and the chief73
administrative officer of a school, camp, institution, or other74
facility for delinquent children shall cause a DNA specimen to be75
collected in accordance with divisions (B) and (C) of this section76
from each child in its custody who is adjudicated a delinquent77
child for committing any of the following acts:78

       (1) A violation of section 2903.01, 2903.02, 2903.11,79
2905.01, 2907.02, 2907.03, 2907.05, or2911.01, 2911.02, 2911.11,80
or 2911.12 of the Revised Code;81

       (2) A violation of section 2907.12 of the Revised Code as82
it existed prior to September 3, 1996;83

       (3) An attempt to commit a violation of section 2903.01,84
2903.02, 2907.02, 2907.03, or 2907.05 of the Revised Code or to85
commit a violation of section 2907.12 of the Revised Code as it86
existed prior to September 3, 1996;87

       (4) A violation of any law that arose out of the same facts88
and circumstances and same act as did a charge against the child89
of a violation of section 2903.01, 2903.02, 2903.11, 2905.01,90
2907.02, 2907.03, 2907.05, or2911.01, 2911.02, 2911.11, or91
2911.12 of the Revised Code that previously was dismissed or92
amended or as did a charge against the child of a violation of93
section 2907.12 of the Revised Code as it existed prior to94
September 3, 1996, that previously was dismissed or amended;95

       (5) A violation of section 2905.02 or 2919.23 of the Revised96
Code that would have been a violation of section 2905.04 of the97
Revised Code as it existed prior to July 1, 1996, had the98
violation been committed prior to that date;99

       (6) A violation of section 2923.01 of the Revised Code100
involving a conspiracy to commit a violation of section 2903.01,101
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the102
Revised Code;103

       (7) A violation of section 2923.03 of the Revised Code104
involving complicity in committing a violation of section 2903.01,105
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,106
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a107
violation of section 2907.12 of the Revised Code as it existed108
prior to September 3, 1996.109

       (E) The director of youth services and the chief110
administrative officer of a school, camp, institution, or other111
facility for delinquent children is not required to comply with112
this section until the superintendent of the bureau of criminal113
identification and investigation gives agencies in the juvenile114
justice system, as defined in section 181.51 of the Revised Code,115
in the state official notification that the state DNA laboratory116
is prepared to accept DNA specimens.117

       Sec.  2152.74.  (A) As used in this section, "DNA analysis"118
and "DNA specimen" have the same meanings as in section 109.573 of119
the Revised Code.120

       (B)(1) A child who is adjudicated a delinquent child for121
committing an act listed in division (D) of this section and who122
is committed to the custody of the department of youth services or123
to a school, camp, institution, or other facility for delinquent124
children described in division (A)(2) of section 2152.19 of the125
Revised Code shall submit to a DNA specimen collection procedure126
administered by the director of youth services if committed to the127
department or by the chief administrative officer of the school,128
camp, institution, or other facility for delinquent children to129
which the child was committed. If the court commits the child to130
the department of youth services, the director of youth services131
shall cause the DNA specimen to be collected from the child during132
the intake process at an institution operated by or under the133
control of the department. If the court commits the child to a134
school, camp, institution, or other facility for delinquent135
children, the chief administrative officer of the school, camp,136
institution, or facility to which the child is committed shall137
cause the DNA specimen to be collected from the child during the138
intake process for the school, camp, institution, or facility. In139
accordance with division (C) of this section, the director or the140
chief administrative officer shall cause the DNA specimen to be141
forwarded to the bureau of criminal identification and142
investigation no later than fifteen days after the date of the143
collection of the DNA specimen. The DNA specimen shall be144
collected from the child in accordance with division (C) of this145
section.146

       (2) If a child is adjudicated a delinquent child for147
committing an act listed in division (D) of this section, is148
committed to the department of youth services or to a school,149
camp, institution, or other facility for delinquent children, and150
does not submit to a DNA specimen collection procedure pursuant to151
division (B)(1) of this section, prior to the child's release from152
the custody of the department of youth services or from the153
custody of the school, camp, institution, or facility, the child154
shall submit to, and the director of youth services or the chief155
administrator of the school, camp, institution, or facility to156
which the child is committed shall administer, a DNA specimen157
collection procedure at the institution operated by or under the158
control of the department of youth services or at the school,159
camp, institution, or facility to which the child is committed. In160
accordance with division (C) of this section, the director or the161
chief administrative officer shall cause the DNA specimen to be162
forwarded to the bureau of criminal identification and163
investigation no later than fifteen days after the date of the164
collection of the DNA specimen. The DNA specimen shall be165
collected in accordance with division (C) of this section.166

       (C) A physician, registered nurse, licensed practical nurse,167
duly licensed clinical laboratory technician, or other qualified168
medical practitioner shall collect in a medically approved manner169
the DNA specimen required to be collected pursuant to division (B)170
of this section. No later than fifteen days after the date of the171
collection of the DNA specimen, the director of youth services or172
the chief administrative officer of the school, camp, institution,173
or other facility for delinquent children to which the child is174
committed shall cause the DNA specimen to be forwarded to the175
bureau of criminal identification and investigation in accordance176
with procedures established by the superintendent of the bureau177
under division (H) of section 109.573 of the Revised Code. The178
bureau shall provide the specimen vials, mailing tubes, labels,179
postage, and instruction needed for the collection and forwarding180
of the DNA specimen to the bureau.181

       (D) The director of youth services and the chief182
administrative officer of a school, camp, institution, or other183
facility for delinquent children shall cause a DNA specimen to be184
collected in accordance with divisions (B) and (C) of this section185
from each child in its custody who is adjudicated a delinquent186
child for committing any of the following acts:187

       (1) A violation of section 2903.01, 2903.02, 2903.11,188
2905.01, 2907.02, 2907.03, 2907.05, or2911.01, 2911.02, 2911.11,189
or 2911.12 of the Revised Code;190

       (2) A violation of section 2907.12 of the Revised Code as it191
existed prior to September 3, 1996;192

       (3) An attempt to commit a violation of section 2903.01,193
2903.02, 2907.02, 2907.03, or 2907.05 of the Revised Code or to194
commit a violation of section 2907.12 of the Revised Code as it195
existed prior to September 3, 1996;196

       (4) A violation of any law that arose out of the same facts197
and circumstances and same act as did a charge against the child198
of a violation of section 2903.01, 2903.02, 2903.11, 2905.01,199
2907.02, 2907.03, 2907.05, or2911.01, 2911.02, 2911.11, or200
2911.12 of the Revised Code that previously was dismissed or201
amended or as did a charge against the child of a violation of202
section 2907.12 of the Revised Code as it existed prior to203
September 3, 1996, that previously was dismissed or amended;204

       (5) A violation of section 2905.02 or 2919.23 of the Revised205
Code that would have been a violation of section 2905.04 of the206
Revised Code as it existed prior to July 1, 1996, had the207
violation been committed prior to that date;208

       (6) A violation of section 2923.01 of the Revised Code209
involving a conspiracy to commit a violation of section 2903.01,210
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the211
Revised Code;212

       (7) A violation of section 2923.03 of the Revised Code213
involving complicity in committing a violation of section 2903.01,214
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,215
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a216
violation of section 2907.12 of the Revised Code as it existed217
prior to September 3, 1996.218

       (E) The director of youth services and the chief219
administrative officer of a school, camp, institution, or other220
facility for delinquent children is not required to comply with221
this section until the superintendent of the bureau of criminal222
identification and investigation gives agencies in the juvenile223
justice system, as defined in section 181.51 of the Revised Code,224
in the state official notification that the state DNA laboratory225
is prepared to accept DNA specimens.226

       Sec. 2743.191.  (A)(1) There is hereby created in the state227
treasury the reparations fund, which shall be used only for the228
following purposes:229

       (a) The payment of awards of reparations that are granted by230
the attorney general, the;231

       (b) The compensation of any personnel needed by the attorney232
general to administer sections 2743.51 to 2743.72 of the Revised233
Code, the;234

       (c) The compensation of witnesses as provided in division (B)235
of section 2743.65 of the Revised Code, other;236

       (d) Other administrative costs of hearing and determining237
claims for an award of reparations by the attorney general, the;238

       (e) The costs of administering sections 2907.28 and 2969.01239
to 2969.06 of the Revised Code, the;240

       (f) The costs of investigation and decision-making as241
certified by the attorney general, the;242

       (g) The provision of state financial assistance to victim243
assistance programs in accordance with sections 109.91 and 109.92244
of the Revised Code, the;245

       (h) The costs of paying the expenses of sex offense-related246
examinations and antibiotics pursuant to section 2907.28 of the247
Revised Code, the;248

       (i) The cost of printing and distributing the pamphlet249
prepared by the attorney general pursuant to section 109.42 of the250
Revised Code, and, subject;251

       (j) Subject to division (D) of section 2743.71 of the Revised252
Code, the costs associated with the printing and providing of253
information cards or other printed materials to law enforcement254
agencies and prosecuting authorities and with publicizing the255
availability of awards of reparations pursuant to section 2743.71256
of the Revised Code;257

       (k) The payment of costs of administering a DNA specimen258
collection procedure pursuant to sections 2151.315, 2152.74, and259
2907.07 of the Revised Code, of performing DNA analysis of those260
DNA specimens, and of entering the resulting DNA records into the261
DNA database pursuant to section 109.573 of the Revised Code. All262

       (2) All costs paid pursuant to section 2743.70 of the Revised263
Code, the portions of license reinstatement fees mandated by264
division (L)(2)(b) of section 4511.191 of the Revised Code to be265
credited to the fund, the portions of the proceeds of the sale of266
a forfeited vehicle specified in division (D)(2) of section267
4503.234 of the Revised Code, payments collected by the department268
of rehabilitation and correction from prisoners who voluntarily269
participate in an approved work and training program pursuant to270
division (C)(8)(b)(ii) of section 5145.16 of the Revised Code, and271
all moneys collected by the state pursuant to its right of272
subrogation provided in section 2743.72 of the Revised Code shall273
be deposited in the fund.274

       (B) In making an award of reparations, the attorney general275
shall render the award against the state. The award shall be276
accomplished only through the following procedure, and the277
following procedure may be enforced by writ of mandamus directed278
to the appropriate official:279

       (1) The attorney general shall provide for payment of the280
claimant or providers in the amount of the award.281

       (2) The expense shall be charged against all available282
unencumbered moneys in the fund.283

       (3) If sufficient unencumbered moneys do not exist in the284
fund, the attorney general shall make application for payment of285
the award out of the emergency purposes account or any other286
appropriation for emergencies or contingencies, and payment out of287
this account or other appropriation shall be authorized if there288
are sufficient moneys greater than the sum total of then pending289
emergency purposes account requests or requests for releases from290
the other appropriations.291

       (4) If sufficient moneys do not exist in the account or any292
other appropriation for emergencies or contingencies to pay the293
award, the attorney general shall request the general assembly to294
make an appropriation sufficient to pay the award, and no payment295
shall be made until the appropriation has been made. The attorney296
general shall make this appropriation request during the current297
biennium and during each succeeding biennium until a sufficient298
appropriation is made. If, prior to the time that an299
appropriation is made by the general assembly pursuant to this300
division, the fund has sufficient unencumbered funds to pay the301
award or part of the award, the available funds shall be used to302
pay the award or part of the award, and the appropriation request303
shall be amended to request only sufficient funds to pay that part304
of the award that is unpaid.305

       (C) The attorney general shall not make payment on a306
decision or order granting an award until all appeals have been307
determined and all rights to appeal exhausted, except as otherwise308
provided in this section. If any party to a claim for an award of309
reparations appeals from only a portion of an award, and a310
remaining portion provides for the payment of money by the state,311
that part of the award calling for the payment of money by the312
state and not a subject of the appeal shall be processed for313
payment as described in this section.314

       (D) The attorney general shall prepare itemized bills for315
the costs of printing and distributing the pamphlet the attorney316
general prepares pursuant to section 109.42 of the Revised Code.317
The itemized bills shall set forth the name and address of the318
persons owed the amounts set forth in them.319

       (E) As used in this section, "DNA analysis" and "DNA320
specimen" have the same meanings as in section 109.573 of the321
Revised Code.322

       Sec. 2901.07.  (A) As used in this section:323

       (1) "DNA analysis" and "DNA specimen" have the same meanings324
as in section 109.573 of the Revised Code.325

       (2) "Jail" and "community-based correctional facility" have326
the same meanings as in section 2929.01 of the Revised Code.327

       (3) "Post-release control" has the same meaning as in section328
2967.01 of the Revised Code.329

       (B)(1) A person who is convicted of or pleads guilty to a330
felony offense listed in division (D) of this section and who is331
sentenced to a prison term or to a community residential sanction332
in a jail or community-based correctional facility pursuant to333
section 2929.16 of the Revised Code, and a person who is convicted334
of or pleads guilty to a misdemeanor offense listed in division335
(D) of this section and who is sentenced to a term of imprisonment336
shall submit to a DNA specimen collection procedure administered337
by the director of rehabilitation and correction or the chief338
administrative officer of the jail or other detention facility in339
which the person is serving the term of imprisonment. If the340
person serves the prison term in a state correctional institution,341
the director of rehabilitation and correction shall cause the DNA342
specimen to be collected from the person during the intake process343
at the reception facility designated by the director. If the344
person serves the community residential sanction or term of345
imprisonment in a jail, a community-based correctional facility,346
or another county, multicounty, municipal, municipal-county, or347
multicounty-municipal detention facility, the chief administrative348
officer of the jail, community-based correctional facility, or349
detention facility shall cause the DNA specimen to be collected350
from the person during the intake process at the jail,351
community-based correctional facility, or detention facility. In352
accordance with division (C) of this section, the director or the353
chief administrative officer shall cause the DNA specimen to be354
forwarded to the bureau of criminal identification and355
investigation no later than fifteen days after the date of the356
collection of the DNA specimen. The DNA specimen shall be357
collected in accordance with division (C) of this section.358

       (2) If a person is convicted of or pleads guilty to an359
offense listed in division (D) of this section, is serving a360
prison term, community residential sanction, or term of361
imprisonment for that offense, and does not provide a DNA specimen362
pursuant to division (B)(1) of this section, prior to the person's363
release from the prison term, community residential sanction, or364
imprisonment, the person shall submit to, and the director of365
rehabilitation and correction or the chief administrative officer366
of the jail, community-based correctional facility, or detention367
facility in which the person is serving the prison term, community368
residential sanction, or term of imprisonment shall administer, a369
DNA specimen collection procedure at the state correctional370
institution, jail, community-based correctional facility, or371
detention facility in which the person is serving the prison term,372
community residential sanction, or term of imprisonment. In373
accordance with division (C) of this section, the director or the374
chief administrative officer shall cause the DNA specimen to be375
forwarded to the bureau of criminal identification and376
investigation no later than fifteen days after the date of the377
collection of the DNA specimen. The DNA specimen shall be378
collected in accordance with division (C) of this section.379

       (3) If a person serving a prison term or community380
residential sanction for a felony is released on parole, under381
transitional control, or on another type of release or is on382
post-release control, if the person is under the supervision of383
the adult parole authority, if the person is returned to a jail,384
community-based correctional facility, or state correctional385
institution for a violation of the terms and conditions of the386
parole, transitional control, other release, or post-release387
control, if the person was or will be serving a prison term or388
community residential sanction for committing an offense listed in389
division (D) of this section, and if the person did not provide a390
DNA specimen pursuant to division (B)(1) or (2) of this section,391
the person shall submit to, and the director of rehabilitation and392
correction or the chief administrative officer of the jail or393
community-based correctional facility shall administer, a DNA394
specimen collection procedure at the jail, community-based395
correctional facility, or state correctional institution in which396
the person is serving the prison term or community residential397
sanction. In accordance with division (C) of this section, the398
director or the chief administrative officer shall cause the DNA399
specimen to be forwarded to the bureau of criminal identification400
and investigation no later than fifteen days after the date of the401
collection of the DNA specimen. The DNA specimen shall be402
collected from the person in accordance with division (C) of this403
section.404

       (C) A physician, registered nurse, licensed practical nurse,405
duly licensed clinical laboratory technician, or other qualified406
medical practitioner shall collect in a medically approved manner407
the DNA specimen required to be collected pursuant to division (B)408
of this section. No later than fifteen days after the date of the409
collection of the DNA specimen, the director of rehabilitation and410
correction or the chief administrative officer of the jail,411
community-based correctional facility, or other county,412
multicounty, municipal, municipal-county, or multicounty-municipal413
detention facility, in which the person is serving the prison414
term, community residential sanction, or term of imprisonment415
shall cause the DNA specimen to be forwarded to the bureau of416
criminal identification and investigation in accordance with417
procedures established by the superintendent of the bureau under418
division (H) of section 109.573 of the Revised Code. The bureau419
shall provide the specimen vials, mailing tubes, labels, postage,420
and instructions needed for the collection and forwarding of the421
DNA specimen to the bureau.422

       (D) The director of rehabilitation and correction and the423
chief administrative officer of the jail, community-based424
correctional facility, or other county, multicounty, municipal,425
municipal-county, or multicounty-municipal detention facility426
shall cause a DNA specimen to be collected in accordance with427
divisions (B) and (C) of this section from a person in its custody428
who is convicted of or pleads guilty to any of the following429
offenses:430

       (1) A violation of section 2903.01, 2903.02, 2903.11,431
2905.01, 2907.02, 2907.03, 2907.04, 2907.05, or2911.01, 2911.02,432
2911.11, or 2911.12 of the Revised Code;433

       (2) A violation of section 2907.12 of the Revised Code as it434
existed prior to September 3, 1996;435

       (3) An attempt to commit a violation of section 2903.01,436
2903.02, 2907.02, 2907.03, 2907.04, or 2907.05 of the Revised Code437
or to commit a violation of section 2907.12 of the Revised Code as438
it existed prior to September 3, 1996;439

       (4) A violation of any law that arose out of the same facts440
and circumstances and same act as did a charge against the person441
of a violation of section 2903.01, 2903.02, 2903.11, 2905.01,442
2907.02, 2907.03, 2907.04, 2907.05, or2911.01, 2911.02, 2911.11,443
or 2911.12 of the Revised Code that previously was dismissed or444
amended or as did a charge against the person of a violation of445
section 2907.12 of the Revised Code as it existed prior to446
September 3, 1996, that previously was dismissed or amended;447

       (5) A violation of section 2905.02 or 2919.23 of the Revised448
Code that would have been a violation of section 2905.04 of the449
Revised Code as it existed prior to July 1, 1996, had it been450
committed prior to that date;451

       (6) A sexually oriented offense, as defined in section452
2950.01 of the Revised Code, if, in relation to that offense, the453
offender has been adjudicated as being a sexual predator, as454
defined in section 2950.01 of the Revised Code;455

       (7) A conspiracy to commit a violation of section 2903.01,456
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the457
Revised Code;458

       (8) Complicity in committing a violation of section 2903.01,459
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,460
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a461
violation of section 2907.12 of the Revised Code as it existed462
prior to September 3, 1996.463

       (E) The director of rehabilitation and correction or a chief464
administrative officer of a jail, community-based correctional465
facility, or other detention facility described in division (B) of466
this section is not required to comply with this section until the467
superintendent of the bureau of criminal identification and468
investigation gives agencies in the criminal justice system, as469
defined in section 181.51 of the Revised Code, in the state470
official notification that the state DNA laboratory is prepared to471
accept DNA specimens.472

       Section 2. That existing sections 2151.315, 2152.74,473
2743.191, and 2901.07 of the Revised Code are hereby repealed.474

       Section 3. The amendment of section 2151.315 of the Revised475
Code is not intended to supersede its amendment and renumbering by476
Am. Sub. S.B. 179 of the 123rd General Assembly. Paragraphs of477
section 2151.315 of the Revised Code that are amended by this act478
were moved to section 2152.74 of the Revised Code by Am. Sub. S.B.479
179, effective January 1, 2002, as part of its revision of the480
juvenile delinquency laws. Therefore, section 2152.74 of the481
Revised Code is amended by this act to continue, on and after482
January 1, 2002, the amendments this act is making to section483
2151.315 of the Revised Code; section 2151.315 of the Revised Code484
as amended by this act is superseded on January 1, 2002, by the485
section as it results from its amendment and renumbering by Am.486
Sub. S.B. 179; and section 2152.74 of the Revised Code as amended487
by this act takes effect on January 1, 2002.488