(B)(1) A child who is adjudicated a delinquent child for | 12 |
committing an act
listed in division (D) of this section and who | 13 |
is committed to the custody of
the department of youth services or | 14 |
to a school, camp, institution,
or other facility for delinquent | 15 |
children described in division
(A)(3) of section 2151.355 of the | 16 |
Revised Code shall submit to a DNA
specimen collection procedure | 17 |
administered by the director of youth services
if committed to the | 18 |
department or by the chief administrative
officer of the school, | 19 |
camp, institution, or other facility for
delinquent children to | 20 |
which the child was committed. If the
court commits the child to | 21 |
the department of youth services, the
director of youth services | 22 |
shall cause the DNA specimen to be
collected from the child during | 23 |
the intake process at an institution
operated by or under the | 24 |
control of the department. If the
court commits the child to a | 25 |
school, camp, institution, or other
facility for delinquent | 26 |
children, the chief administrative
officer of the school, camp, | 27 |
institution, or facility to which
the child is committed shall | 28 |
cause the
DNA specimen to be collected
from the child during the | 29 |
intake process for the school, camp,
institution, or facility. In | 30 |
accordance with division (C) of this section,
the director or the | 31 |
chief administrative officer
shall cause the
DNA
specimen to be | 32 |
forwarded to
the bureau of criminal identification and | 33 |
investigation no later
than fifteen days after the date of the | 34 |
collection of the
DNA specimen. The DNA specimen shall be | 35 |
collected
from the child in accordance with division
(C) of this | 36 |
section. | 37 |
(2) If a child is adjudicated a delinquent child for | 38 |
committing an act
listed in division (D) of this section, is | 39 |
committed to the
department of youth
services or to a school, | 40 |
camp, institution, or other facility for
delinquent children, and | 41 |
does not submit to a DNA
specimen collection
procedure pursuant to | 42 |
division (B)(1) of this section, prior to the child's
release from | 43 |
the custody of the department of
youth services or from the | 44 |
custody of the school, camp,
institution, or facility, the child | 45 |
shall submit to, and the
director of youth services or the chief | 46 |
administrator of the
school, camp, institution, or facility to | 47 |
which the child is
committed shall administer, a DNA specimen | 48 |
collection
procedure at the institution operated by or under the | 49 |
control of
the department of youth services or at the school, | 50 |
camp, institution, or
facility to which the child is committed.
In | 51 |
accordance with
division (C) of this section, the director or
the | 52 |
chief
administrative officer shall cause the DNA
specimen to
be | 53 |
forwarded to the bureau of criminal identification and | 54 |
investigation no later than fifteen days after the date of the | 55 |
collection of
the DNA specimen. The DNA specimen shall be | 56 |
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 qualified | 59 |
medical practitioner shall collect in a medically approved
manner | 60 |
the DNA specimen required to be collected pursuant to division
(B) | 61 |
of this section. No later than fifteen days after the date of
the | 62 |
collection of the DNA specimen, the
director of youth services or | 63 |
the chief
administrative officer of the school, camp, institution, | 64 |
or
other facility for delinquent children to which the child is | 65 |
committed shall cause the DNA
specimen to be forwarded to the | 66 |
bureau of criminal
identification and
investigation in accordance | 67 |
with procedures established by the
superintendent
of the bureau | 68 |
under division (H) of section 109.573 of
the Revised Code. The | 69 |
bureau shall provide the
specimen vials, mailing tubes, labels, | 70 |
postage, and instruction
needed for the collection and
forwarding | 71 |
of the DNA specimen to the bureau. | 72 |
(4) A violation of any law that arose out of the same
facts | 88 |
and
circumstances and
same act as did a charge against the child | 89 |
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, or | 91 |
2911.12 of the Revised Code
that previously
was dismissed or | 92 |
amended or as did a charge against the
child of a
violation of | 93 |
section 2907.12 of the Revised Code as it existed
prior to | 94 |
September 3, 1996, that previously was dismissed or
amended; | 95 |
(7) A violation of section 2923.03 of the Revised Code | 104 |
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 a | 107 |
violation of section 2907.12 of the Revised Code as it existed | 108 |
prior to September 3, 1996. | 109 |
(E) The director of youth services and the chief | 110 |
administrative
officer of a school, camp, institution, or other | 111 |
facility for delinquent
children is not required to comply with | 112 |
this section until the superintendent
of the
bureau of criminal | 113 |
identification and investigation gives agencies in the
juvenile | 114 |
justice system, as defined in section 181.51 of the Revised Code, | 115 |
in
the state
official notification that the
state DNA laboratory | 116 |
is prepared to accept DNA
specimens. | 117 |
(B)(1) A child who is adjudicated a delinquent child for | 121 |
committing an act
listed in division (D) of this section and who | 122 |
is committed to the custody of
the department of youth services or | 123 |
to a school, camp, institution,
or other facility for delinquent | 124 |
children described in division
(A)(2) of section 2152.19 of the | 125 |
Revised Code
shall submit to a DNA
specimen collection procedure | 126 |
administered by the director of youth services
if committed to the | 127 |
department or by the chief administrative
officer of the school, | 128 |
camp, institution, or other facility for
delinquent children to | 129 |
which the child was committed. If the
court commits the child to | 130 |
the department of youth services, the
director of youth services | 131 |
shall cause the DNA specimen to be
collected from the child during | 132 |
the intake process at an institution
operated by or under the | 133 |
control of the department. If the
court commits the child to a | 134 |
school, camp, institution, or other
facility for delinquent | 135 |
children, the chief administrative
officer of the school, camp, | 136 |
institution, or facility to which
the child is committed shall | 137 |
cause the
DNA specimen to be collected
from the child during the | 138 |
intake process for the school, camp,
institution, or facility. In | 139 |
accordance with division (C) of this section,
the director or the | 140 |
chief administrative officer
shall cause the
DNA
specimen to be | 141 |
forwarded to
the bureau of criminal identification and | 142 |
investigation no later
than fifteen days after the date of the | 143 |
collection of the
DNA specimen. The DNA specimen shall be | 144 |
collected
from the child in accordance with division
(C) of this | 145 |
section. | 146 |
(2) If a child is adjudicated a delinquent child for | 147 |
committing an act
listed in division (D) of this section, is | 148 |
committed to the
department of youth
services or to a school, | 149 |
camp, institution, or other facility for
delinquent children, and | 150 |
does not submit to a DNA
specimen collection
procedure pursuant to | 151 |
division (B)(1) of this section, prior to the child's
release from | 152 |
the custody of the department of
youth services or from the | 153 |
custody of the school, camp,
institution, or facility, the child | 154 |
shall submit to, and the
director of youth services or the chief | 155 |
administrator of the
school, camp, institution, or facility to | 156 |
which the child is
committed shall administer, a DNA specimen | 157 |
collection
procedure at the institution operated by or under the | 158 |
control of
the department of youth services or at the school, | 159 |
camp, institution, or
facility to which the child is committed.
In | 160 |
accordance with
division (C) of this section, the director or
the | 161 |
chief
administrative officer shall cause the DNA
specimen to
be | 162 |
forwarded to the bureau of criminal identification and | 163 |
investigation no later than fifteen days after the date of the | 164 |
collection of
the DNA specimen. The DNA specimen shall be | 165 |
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 qualified | 168 |
medical practitioner shall collect in a medically approved
manner | 169 |
the DNA specimen required to be collected pursuant to division
(B) | 170 |
of this section. No later than fifteen days after the date of
the | 171 |
collection of the DNA specimen, the
director of youth services or | 172 |
the chief
administrative officer of the school, camp, institution, | 173 |
or
other facility for delinquent children to which the child is | 174 |
committed shall cause the DNA
specimen to be forwarded to the | 175 |
bureau of criminal
identification and
investigation in accordance | 176 |
with procedures established by the
superintendent
of the bureau | 177 |
under division (H) of section 109.573 of
the Revised Code. The | 178 |
bureau shall provide the
specimen vials, mailing tubes, labels, | 179 |
postage, and instruction
needed for the collection and
forwarding | 180 |
of the DNA specimen to the bureau. | 181 |
(4) A violation of any law that arose out of the same
facts | 197 |
and
circumstances and
same act as did a charge against the child | 198 |
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, or | 200 |
2911.12 of the Revised
Code
that previously
was dismissed or | 201 |
amended or as did a charge
against the
child of a
violation of | 202 |
section 2907.12 of the Revised
Code as it existed
prior to | 203 |
September 3, 1996, that previously was
dismissed or
amended; | 204 |
(7) A violation of section 2923.03 of the Revised Code | 213 |
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 a | 216 |
violation of section 2907.12 of the Revised Code as it existed | 217 |
prior to September 3, 1996. | 218 |
(E) The director of youth services and the chief | 219 |
administrative
officer of a school, camp, institution, or other | 220 |
facility for delinquent
children is not required to comply with | 221 |
this section until the superintendent
of the
bureau of criminal | 222 |
identification and investigation gives agencies in the
juvenile | 223 |
justice system, as defined in section 181.51 of the Revised Code, | 224 |
in
the state
official notification that the
state DNA laboratory | 225 |
is prepared to accept DNA
specimens. | 226 |
(2) All costs paid
pursuant to section 2743.70 of the Revised | 263 |
Code, the
portions of license reinstatement fees mandated by | 264 |
division
(L)(2)(b) of section 4511.191 of the Revised Code to be | 265 |
credited
to the fund, the portions of the proceeds of the sale of | 266 |
a
forfeited vehicle specified in division (D)(2) of section | 267 |
4503.234 of the Revised Code, payments
collected by the department | 268 |
of rehabilitation and correction from prisoners
who voluntarily | 269 |
participate in an approved work and training program pursuant
to | 270 |
division (C)(8)(b)(ii) of section 5145.16
of the Revised Code, and | 271 |
all moneys
collected by the
state pursuant to its right of | 272 |
subrogation provided in section
2743.72 of the Revised Code shall | 273 |
be deposited in the fund. | 274 |
(3) If sufficient
unencumbered moneys do not exist in the | 284 |
fund, the attorney
general shall make
application for payment of | 285 |
the award out of the emergency
purposes account or any other | 286 |
appropriation for emergencies or
contingencies, and payment out of | 287 |
this account or other
appropriation shall be authorized if there | 288 |
are sufficient moneys
greater than the sum total of then pending | 289 |
emergency purposes
account requests or requests for releases from | 290 |
the other
appropriations. | 291 |
(4) If sufficient moneys do not exist in the account or
any | 292 |
other appropriation for emergencies or contingencies to pay
the | 293 |
award, the attorney general shall request the
general assembly to | 294 |
make an appropriation sufficient to pay the award, and no payment | 295 |
shall be made until the appropriation has been made. The
attorney | 296 |
general shall make this appropriation request
during the current | 297 |
biennium and during each succeeding biennium until a sufficient | 298 |
appropriation is made. If, prior to the time that an | 299 |
appropriation is made by the general assembly pursuant to this | 300 |
division, the fund has sufficient unencumbered funds to pay the | 301 |
award or part of the award, the available funds shall be used to | 302 |
pay the award or part of the award, and the appropriation request | 303 |
shall be amended to request only sufficient funds to pay that
part | 304 |
of the award that is unpaid. | 305 |
(C) The attorney general shall not make payment on a | 306 |
decision
or order granting an award until all appeals
have been | 307 |
determined and all rights to appeal exhausted, except
as otherwise | 308 |
provided in this section. If any party to a claim
for an award of | 309 |
reparations appeals from only a portion of an
award, and a | 310 |
remaining portion provides for the payment of money
by the state, | 311 |
that part of the award calling for the payment of money by the | 312 |
state and not a subject of the appeal shall be processed for | 313 |
payment as described in this section. | 314 |
(B)(1) A person who is convicted of or pleads
guilty to a | 330 |
felony offense listed in division
(D) of this section and who is | 331 |
sentenced to a prison term or to a community residential sanction | 332 |
in a jail
or community-based correctional facility pursuant to | 333 |
section 2929.16 of the
Revised Code, and
a person who is convicted | 334 |
of or pleads guilty to a misdemeanor offense listed
in division | 335 |
(D) of this section and who is sentenced to a term of
imprisonment | 336 |
shall submit to a
DNA specimen collection
procedure administered | 337 |
by the director of rehabilitation and
correction or the chief | 338 |
administrative officer of the jail or other
detention facility in | 339 |
which the person is serving the
term of imprisonment. If the | 340 |
person serves the prison
term in a state correctional institution, | 341 |
the
director of rehabilitation and correction shall cause the
DNA | 342 |
specimen to be collected from the person during the intake
process | 343 |
at the reception
facility designated by the director. If the | 344 |
person serves the
community residential sanction or term of | 345 |
imprisonment in a jail, a
community-based correctional facility, | 346 |
or another county, multicounty,
municipal,
municipal-county, or | 347 |
multicounty-municipal detention facility, the chief
administrative | 348 |
officer of the jail,
community-based correctional facility, or | 349 |
detention
facility shall cause the
DNA specimen to be collected | 350 |
from the person during the intake
process at the jail, | 351 |
community-based correctional facility, or
detention facility. In | 352 |
accordance with
division (C) of this section, the director or
the | 353 |
chief administrative officer shall cause the
DNA specimen to be | 354 |
forwarded to the bureau of criminal identification
and | 355 |
investigation no later than fifteen days after the date of the | 356 |
collection
of the DNA specimen. The DNA specimen shall be | 357 |
collected in
accordance with division (C) of this section. | 358 |
(2) If a person is convicted of or pleads guilty to
an | 359 |
offense listed in division (D) of this section, is
serving
a | 360 |
prison term, community residential sanction, or term of | 361 |
imprisonment
for that offense, and does not provide a DNA
specimen | 362 |
pursuant to division (B)(1) of this section, prior to the person's | 363 |
release from the prison term, community residential sanction, or | 364 |
imprisonment, the
person shall submit to, and the director of | 365 |
rehabilitation and
correction or the chief administrative officer | 366 |
of the jail, community-based
correctional facility, or detention | 367 |
facility in which the person is serving
the
prison term, community | 368 |
residential sanction, or term of imprisonment
shall administer, a | 369 |
DNA specimen collection
procedure at the state correctional | 370 |
institution, jail, community-based
correctional facility, or | 371 |
detention facility in which the person is serving
the prison term, | 372 |
community
residential sanction, or term of imprisonment. In | 373 |
accordance with division
(C) of this section, the director or
the | 374 |
chief administrative officer shall cause the DNA specimen to be | 375 |
forwarded to the
bureau of criminal identification and | 376 |
investigation no later than fifteen days
after the date of the | 377 |
collection of the DNA specimen. The
DNA specimen shall be | 378 |
collected in accordance with division (C)
of this section. | 379 |
(3) If a person serving a prison term or community | 380 |
residential sanction for a felony is released on parole,
under | 381 |
transitional control, or
on another type of release or is on | 382 |
post-release control,
if the person is
under the supervision of | 383 |
the adult parole
authority, if the person is returned to a jail, | 384 |
community-based
correctional facility, or state correctional | 385 |
institution for a violation
of
the terms and conditions of the | 386 |
parole,
transitional control, other
release, or post-release | 387 |
control, if the person was or will be serving
a prison term or | 388 |
community residential
sanction for
committing an offense listed in | 389 |
division
(D) of this section, and if the person did
not provide a | 390 |
DNA specimen
pursuant to division (B)(1) or
(2) of this section, | 391 |
the person shall submit to, and the
director of rehabilitation and | 392 |
correction or the chief administrative
officer of the jail or | 393 |
community-based correctional facility shall
administer, a DNA | 394 |
specimen collection
procedure at the jail, community-based | 395 |
correctional facility, or state
correctional institution in which | 396 |
the person is serving
the prison term or community residential | 397 |
sanction. In accordance with
division (C) of this section,
the | 398 |
director or the chief
administrative officer shall cause the
DNA | 399 |
specimen to be forwarded to
the bureau of criminal identification | 400 |
and investigation no later
than fifteen days after the date of the | 401 |
collection of the
DNA specimen. The DNA specimen shall be | 402 |
collected from the
person in accordance with division
(C) of this | 403 |
section. | 404 |
(C) A physician, registered
nurse, licensed practical nurse, | 405 |
duly licensed clinical laboratory technician,
or other qualified | 406 |
medical practitioner shall collect in a medically approved
manner | 407 |
the DNA specimen required to be collected pursuant to division
(B) | 408 |
of this section. No later than fifteen days after the date of
the | 409 |
collection of the DNA specimen, the director of rehabilitation
and | 410 |
correction or the chief administrative officer of the jail, | 411 |
community-based correctional facility, or other county, | 412 |
multicounty,
municipal, municipal-county, or multicounty-municipal | 413 |
detention facility,
in which the person is serving the prison | 414 |
term,
community residential sanction, or term of imprisonment | 415 |
shall cause the DNA specimen to be forwarded to the bureau of | 416 |
criminal identification and investigation in accordance with | 417 |
procedures
established by the superintendent
of the bureau under | 418 |
division (H) of section 109.573 of the
Revised Code. The bureau | 419 |
shall provide the
specimen vials, mailing tubes, labels, postage, | 420 |
and instructions needed for
the collection and forwarding of the | 421 |
DNA specimen to the bureau. | 422 |
(D) The director of rehabilitation and correction and the | 423 |
chief
administrative officer of the jail, community-based | 424 |
correctional facility,
or other county, multicounty, municipal, | 425 |
municipal-county, or multicounty-municipal detention facility | 426 |
shall cause a
DNA specimen to be collected in
accordance
with | 427 |
divisions (B) and (C) of this section from a person in
its custody | 428 |
who is convicted of or pleads guilty to
any of the
following | 429 |
offenses: | 430 |
(4) A violation of any law that arose out of the same
facts | 440 |
and
circumstances and
same act as did a charge against the person | 441 |
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 or | 444 |
amended or as did a charge against the
person of a
violation of | 445 |
section 2907.12 of the Revised Code
as it
existed prior to | 446 |
September 3,
1996, that previously was dismissed
or amended; | 447 |
(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 a | 461 |
violation of section 2907.12 of the Revised Code as it existed | 462 |
prior to September 3, 1996. | 463 |
(E) The director of rehabilitation and correction or a chief | 464 |
administrative officer of a jail, community-based correctional | 465 |
facility, or
other detention facility described
in division (B) of | 466 |
this section
is not required to comply with this section until the | 467 |
superintendent of the
bureau of criminal identification and | 468 |
investigation gives agencies in the
criminal justice system, as | 469 |
defined in section 181.51 of the Revised Code, in
the state | 470 |
official notification that the state DNA laboratory is
prepared to | 471 |
accept DNA specimens. | 472 |
Section 3. The amendment of section 2151.315 of the Revised | 475 |
Code is not intended to supersede its amendment and renumbering by | 476 |
Am. Sub. S.B. 179 of the 123rd General Assembly. Paragraphs of | 477 |
section 2151.315 of the Revised Code that are amended by this act | 478 |
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 the | 480 |
juvenile delinquency laws. Therefore, section 2152.74 of the | 481 |
Revised Code is amended by this act to continue, on and after | 482 |
January 1, 2002, the amendments this act is making to section | 483 |
2151.315 of the Revised Code; section 2151.315 of the Revised Code | 484 |
as amended by this act is superseded on January 1, 2002, by the | 485 |
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 amended | 487 |
by this act takes effect on January 1, 2002. | 488 |