REPRESENTATIVES Womer Benjamin, Latta, Seitz, Willamowski, Jerse, Perry, Sferra, D. Miller, Hartnett, Hoops, Flannery, Distel, Webster, Sulzer, DeBose, Widowfield, Flowers, McGregor, Wolpert, G. Smith, Ogg, DePiero, Cirelli, Redfern, Patton, Carmichael, Hughes, Reidelbach, Schneider, Niehaus, Setzer, Coates, Kilbane, Roman, Barrett, Schmidt, Allen, Brown, Clancy, Metzger, Otterman, S. Smith, Salerno, Buehrer, Driehaus

To amend sections 109.573, 2152.74, 2743.191, and

1

2901.07 of the Revised Code to expand the offenses

2

for which DNA specimens are collected from

3

delinquent children and criminal offenders, to

4

delay the implementation of the expansion of DNA

5

specimen collection until the Superintendent of the

6

Bureau of Criminal Identification and Investigation

7

gives official notification that the state DNA

8

laboratory is prepared to accept DNA specimens of

9

that nature, to pay the costs of DNA specimen

10

collection from the Reparations Fund, to remove the

11

requirement that DNA specimens be collected by

12

specified medical practitioners in certain cases,

13

and to expand the circumstances in which a person

14

returning to incarceration must submit to a DNA

15

specimen collection procedure to include

16

misdemeanants covered by the DNA Specimen

17

Collection Law who are on probation.

18

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

Section 1. That sections 109.573, 2152.74, 2743.191, and	19
2901.07 of the Revised Code be amended to read as follows:	20

Sec. 109.573.  (A) As used in this section:

21

(1) "DNA" means human deoxyribonucleic acid.

22

(2) "DNA analysis" means a laboratory analysis of a DNA	23
specimen to identify DNA characteristics and to create a DNA	24
record.	25

(3) "DNA database" means a collection of DNA records from	26
forensic casework or from crime scenes, specimens from anonymous	27
and unidentified sources, and records collected pursuant to	28
sections 2152.74 and 2901.07 of the Revised Code and a population	29
statistics database for determining the frequency of occurrence of	30
characteristics in DNA records.	31

(4) "DNA record" means the objective result of a DNA	32
analysis of a DNA specimen, including representations of DNA	33
fragment lengths, digital images of autoradiographs, discrete	34
allele assignment numbers, and other DNA specimen characteristics	35
that aid in establishing the identity of an individual.	36

(5) "DNA specimen" includes human blood cells or	37
physiological tissues or body fluids.	38

(6) "Unidentified person database" means a collection of DNA	39
records, and, on and after May 21, 1998, of fingerprint and	40
photograph records, of unidentified human corpses, human remains,	41
or living individuals.	42

(7) "Relatives of missing persons database" means a	43
collection of DNA records of persons related by consanguinity of	44
the first degree to a missing person.	45

(8) "Law enforcement agency" means a police department, the	46
office of a sheriff, the state highway patrol, a county	47
prosecuting attorney, or a federal, state, or local governmental	48
body that enforces criminal laws and that has employees who have a	49
statutory power of arrest.	50

(B)(1) The superintendent of the bureau of criminal	51
identification and investigation may do all of the following:	52

(a) Establish and maintain a state DNA laboratory to perform	53
DNA analysis of DNA specimens;	54

(b) Establish and maintain a DNA database;

55

(c) Establish and maintain an unidentified person database	56
to aid in the establishment of the identity of unknown human	57
corpses, human remains, or living individuals;	58

(d) Establish and maintain a relatives of missing persons	59
database for comparison with the unidentified person database to	60
aid in the establishment of the identity of unknown human corpses,	61
human remains, and living individuals.	62

(2) If the bureau of criminal identification and	63
investigation establishes and maintains a DNA laboratory and a DNA	64
database, the bureau may use or disclose information regarding DNA	65
records for the following purposes:	66

(a) The bureau may disclose information to a law enforcement	67
agency for purposes of identification.	68

(b) The bureau shall disclose pursuant to a court order	69
issued under section 3111.09 of the Revised Code any information	70
necessary to determine the existence of a parent and child	71
relationship in an action brought under sections 3111.01 to	72
3111.18 of the Revised Code.	73

(c) The bureau may use or disclose information from the	74
population statistics database, for identification research and	75
protocol development, or for quality control purposes.	76

(3) If the bureau of criminal identification and	77
investigation establishes and maintains a relatives of missing	78
persons database, all of the following apply:	79

(a) If a person has disappeared and has been continuously	80
absent from the person's place of last domicile for a thirty-day	81
or longer period of time without being heard from during the	82
period, persons related by consanguinity of the first degree to	83
the missing person may submit to the bureau a DNA specimen, the	84
bureau may include the DNA record of the specimen in the relatives	85
of missing persons database, and, if the bureau does not include	86
the DNA record of the specimen in the relatives of missing persons	87
database, the bureau shall retain the DNA record for future	88
reference and inclusion as appropriate in that database.	89

(b) The bureau shall not charge a fee for the submission of	90
a DNA specimen pursuant to division (B)(3)(a) of this section.	91

(c) AIf the DNA specimen submitted pursuant to division	92
(B)(3)(a) of this section is collected by withdrawing blood from	93
the person or a similarly invasive procedure, a physician,	94
registered nurse, licensed practical nurse, duly licensed clinical	95
laboratory technician, or other qualified medical practitioner	96
shall conduct the collection procedure for the DNA specimen	97
submitted pursuant to division (B)(3)(a) of this section and shall	98
collect the DNA specimen in a medically approved manner. If the	99
DNA specimen is collected by swabbing for buccal cells or a	100
similarly noninvasive procedure, division (B)(3)(c) of this	101
section does not require that the DNA specimen be collected by a	102
qualified medical practitioner of that nature. No later than	103
fifteen days after the date of the collection of the DNA specimen,	104
the person conducting the DNA specimen collection procedure shall	105
cause the DNA specimen to be forwarded to the bureau of criminal	106
identification and investigation in accordance with procedures	107
established by the superintendent of the bureau under division (H)	108
of this section. The bureau may provide the specimen vials,	109
mailing tubes, labels, postage, and instruction needed for the	110
collection and forwarding of the DNA specimen to the bureau.	111

(d) The superintendent, in the superintendent's discretion,	112
may compare DNA records in the relatives of missing persons	113
database with the DNA records in the unidentified person database.	114

(4) If the bureau of criminal identification and	115
investigation establishes and maintains an unidentified person	116
database and if the superintendent of the bureau identifies a	117
matching DNA record for the DNA record of a person or deceased	118
person whose DNA record is contained in the unidentified person	119
database, the superintendent shall inform the coroner who	120
submitted or the law enforcement agency that submitted the DNA	121
specimen to the bureau of the match and, if possible, of the	122
identity of the unidentified person.	123

(5) The bureau of criminal identification and investigation	124
may enter into a contract with a qualified public or private	125
laboratory to perform DNA analyses, DNA specimen maintenance,	126
preservation, and storage, DNA record keeping, and other duties	127
required of the bureau under this section. A public or private	128
laboratory under contract with the bureau shall follow quality	129
assurance and privacy requirements established by the	130
superintendent of the bureau.	131

(C) The superintendent of the bureau of criminal	132
identification and investigation shall establish procedures for	133
entering into the DNA database the DNA records submitted pursuant	134
to sections 2152.74 and 2901.07 of the Revised Code and for	135
determining an order of priority for entry of the DNA records	136
based on the types of offenses committed by the persons whose	137
records are submitted and the available resources of the bureau.	138

(D) When a DNA record is derived from a DNA specimen	139
provided pursuant to section 2152.74 or 2901.07 of the Revised	140
Code, the bureau of criminal identification and investigation	141
shall attach to the DNA record personal identification information	142
that identifies the person from whom the DNA specimen was taken.	143
The personal identification information may include the subject	144
person's fingerprints and any other information the bureau	145
determines necessary. The DNA record and personal identification	146
information attached to it shall be used only for the purpose of	147
personal identification or for a purpose specified in this	148
section.	149

(E) DNA records, DNA specimens, fingerprints, and	150
photographs that the bureau of criminal identification and	151
investigation receives pursuant to this section and sections	152
313.08, 2152.74, and 2901.07 of the Revised Code and personal	153
identification information attached to a DNA record are not public	154
records under section 149.43 of the Revised Code.	155

(F) The bureau of criminal identification and investigation	156
may charge a reasonable fee for providing information pursuant to	157
this section to any law enforcement agency located in another	158
state.	159

(G)(1) No person who because of the person's employment or	160
official position has access to a DNA specimen, a DNA record, or	161
other information contained in the DNA database that identifies an	162
individual shall knowingly disclose that specimen, record, or	163
information to any person or agency not entitled to receive it or	164
otherwise shall misuse that specimen, record, or information.	165

(2) No person without authorization or privilege to obtain	166
information contained in the DNA database that identifies an	167
individual person shall purposely obtain that information.	168

(H) The superintendent of the bureau of criminal	169
identification and investigation shall establish procedures for	170
all of the following:	171

(1) The forwarding to the bureau of DNA specimens collected	172
pursuant to division (H) of this section and sections 313.08,,	173
2152.74, and 2901.07 of the Revised Code and of fingerprints and	174
photographs collected pursuant to section 313.08 of the Revised	175
Code;	176

(2) The collection, maintenance, preservation, and analysis	177
of DNA specimens;	178

(3) The creation, maintenance, and operation of the DNA	179
database;	180

(4) The use and dissemination of information from the DNA	181
database;	182

(5) The creation, maintenance, and operation of the	183
unidentified person database;	184

(6) The use and dissemination of information from the	185
unidentified person database;	186

(7) The creation, maintenance, and operation of the	187
relatives of missing persons database;	188

(8) The use and dissemination of information from the	189
relatives of missing persons database;	190

(9) The verification of entities requesting DNA records and	191
other DNA information from the bureau and the authority of the	192
entity to receive the information;	193

(10) The operation of the bureau and responsibilities of	194
employees of the bureau with respect to the activities described	195
in this section.	196

Sec.  2152.74.  (A) As used in this section, "DNA analysis"	197
and "DNA specimen" have the same meanings as in section 109.573 of	198
the Revised Code.	199

(B)(1) A child who is adjudicated a delinquent child for	200
committing an act listed in division (D) of this section and who	201
is committed to the custody of the department of youth services or	202
to a school, camp, institution, or other facility for delinquent	203
children described in division (A)(2) of section 2152.19 of the	204
Revised Code shall submit to a DNA specimen collection procedure	205
administered by the director of youth services if committed to the	206
department or by the chief administrative officer of the school,	207
camp, institution, or other facility for delinquent children to	208
which the child was committed. If the court commits the child to	209
the department of youth services, the director of youth services	210
shall cause the DNA specimen to be collected from the child during	211
the intake process at an institution operated by or under the	212
control of the department. If the court commits the child to a	213
school, camp, institution, or other facility for delinquent	214
children, the chief administrative officer of the school, camp,	215
institution, or facility to which the child is committed shall	216
cause the DNA specimen to be collected from the child during the	217
intake process for the school, camp, institution, or facility. In	218
accordance with division (C) of this section, the director or the	219
chief administrative officer shall cause the DNA specimen to be	220
forwarded to the bureau of criminal identification and	221
investigation no later than fifteen days after the date of the	222
collection of the DNA specimen. The DNA specimen shall be	223
collected from the child in accordance with division (C) of this	224
section.	225

(2) If a child is adjudicated a delinquent child for	226
committing an act listed in division (D) of this section, is	227
committed to the department of youth services or to a school,	228
camp, institution, or other facility for delinquent children, and	229
does not submit to a DNA specimen collection procedure pursuant to	230
division (B)(1) of this section, prior to the child's release from	231
the custody of the department of youth services or from the	232
custody of the school, camp, institution, or facility, the child	233
shall submit to, and the director of youth services or the chief	234
administrator of the school, camp, institution, or facility to	235
which the child is committed shall administer, a DNA specimen	236
collection procedure at the institution operated by or under the	237
control of the department of youth services or at the school,	238
camp, institution, or facility to which the child is committed. In	239
accordance with division (C) of this section, the director or the	240
chief administrative officer shall cause the DNA specimen to be	241
forwarded to the bureau of criminal identification and	242
investigation no later than fifteen days after the date of the	243
collection of the DNA specimen. The DNA specimen shall be	244
collected in accordance with division (C) of this section.	245

(C) AIf the DNA specimen is collected by withdrawing blood	246
from the child or a similarly invasive procedure, a physician,	247
registered nurse, licensed practical nurse, duly licensed clinical	248
laboratory technician, or other qualified medical practitioner	249
shall collect in a medically approved manner the DNA specimen	250
required to be collected pursuant to division (B) of this section.	251
If the DNA specimen is collected by swabbing for buccal cells or a	252
similarly noninvasive procedure, this section does not require	253
that the DNA specimen be collected by a qualified medical	254
practitioner of that nature. No later than fifteen days after the	255
date of the collection of the DNA specimen, the director of youth	256
services or the chief administrative officer of the school, camp,	257
institution, or other facility for delinquent children to which	258
the child is committed shall cause the DNA specimen to be	259
forwarded to the bureau of criminal identification and	260
investigation in accordance with procedures established by the	261
superintendent of the bureau under division (H) of section 109.573	262
of the Revised Code. The bureau shall provide the specimen vials,	263
mailing tubes, labels, postage, and instruction needed for the	264
collection and forwarding of the DNA specimen to the bureau.	265

(D) The director of youth services and the chief	266
administrative officer of a school, camp, institution, or other	267
facility for delinquent children shall cause a DNA specimen to be	268
collected in accordance with divisions (B) and (C) of this section	269
from each child in its custody who is adjudicated a delinquent	270
child for committing any of the following acts:	271

(1) A violation of section 2903.01, 2903.02, 2903.11,	272
2905.01, 2907.02, 2907.03, 2907.05, or2911.01, 2911.02, 2911.11,	273
or 2911.12 of the Revised Code;	274

(2) A violation of section 2907.12 of the Revised Code as it	275
existed prior to September 3, 1996;	276

(3) An attempt to commit a violation of section 2903.01,	277
2903.02, 2907.02, 2907.03, or 2907.05 of the Revised Code or to	278
commit a violation of section 2907.12 of the Revised Code as it	279
existed prior to September 3, 1996;	280

(4) A felony violation of any law that arose out of the same	281
facts and circumstances and same act as did a charge against the	282
child of a violation of section 2903.01, 2903.02, 2903.11,	283
2905.01, 2907.02, 2907.03, 2907.05, or2911.01, 2911.02, 2911.11,	284
or 2911.12 of the Revised Code that previously was dismissed or	285
amended or as did a charge against the child of a violation of	286
section 2907.12 of the Revised Code as it existed prior to	287
September 3, 1996, that previously was dismissed or amended;	288

(5) A violation of section 2905.02 or 2919.23 of the Revised	289
Code that would have been a violation of section 2905.04 of the	290
Revised Code as it existed prior to July 1, 1996, had the	291
violation been committed prior to that date;	292

(6) A violation of section 2923.01 of the Revised Code	293
involving a conspiracy to commit a violation of section 2903.01,	294
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the	295
Revised Code;	296

(7) A violation of section 2923.03 of the Revised Code	297
involving complicity in committing a violation of section 2903.01,	298
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,	299
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a	300
violation of section 2907.12 of the Revised Code as it existed	301
prior to September 3, 1996.	302

(E) The director of youth services and the chief	303
administrative officer of a school, camp, institution, or other	304
facility for delinquent children is not required to comply with	305
this section in relation to the following acts until the	306
superintendent of the bureau of criminal identification and	307
investigation gives agencies in the juvenile justice system, as	308
defined in section 181.51 of the Revised Code, in the state	309
official notification that the state DNA laboratory is prepared to	310
accept DNA specimens of that nature:	311

(1) A violation of section 2903.11, 2911.01, 2911.02, or	312
2911.12 of the Revised Code;	313

(2) An attempt to commit a violation of section 2903.01 or	314
2903.02 of the Revised Code;	315

(3) A felony violation of any law that arose out of the same	316
facts and circumstances and same act as did a charge against the	317
child of a violation of section 2903.11, 2911.01, 2911.02, or	318
2911.12 of the Revised Code that previously was dismissed or	319
amended;	320

(4) A violation of section 2923.01 of the Revised Code	321
involving a conspiracy to commit a violation of section 2903.01,	322
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the	323
Revised Code;	324

(5) A violation of section 2923.03 of the Revised Code	325
involving complicity in committing a violation of section 2903.01,	326
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,	327
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a	328
violation of section 2907.12 of the Revised Code as it existed	329
prior to September 3, 1996.	330

Sec. 2743.191.  (A)(1) There is hereby created in the state	331
treasury the reparations fund, which shall be used only for the	332
following purposes:	333

(a) The payment of awards of reparations that are granted by	334
the attorney general, the;	335

(b) The compensation of any personnel needed by the attorney	336
general to administer sections 2743.51 to 2743.72 of the Revised	337
Code, the;	338

(c) The compensation of witnesses as provided in division (B)	339
of section 2743.65 of the Revised Code, other;	340

(d) Other administrative costs of hearing and determining	341
claims for an award of reparations by the attorney general, the;	342

(e) The costs of administering sections 2907.28 and 2969.01	343
to 2969.06 of the Revised Code, the;	344

(f) The costs of investigation and decision-making as	345
certified by the attorney general, the;	346

(g) The provision of state financial assistance to victim	347
assistance programs in accordance with sections 109.91 and 109.92	348
of the Revised Code, the;	349

(h) The costs of paying the expenses of sex offense-related	350
examinations and antibiotics pursuant to section 2907.28 of the	351
Revised Code, the;	352

(i) The cost of printing and distributing the pamphlet	353
prepared by the attorney general pursuant to section 109.42 of the	354
Revised Code, and, subject;	355

(j) Subject to division (D) of section 2743.71 of the Revised	356
Code, the costs associated with the printing and providing of	357
information cards or other printed materials to law enforcement	358
agencies and prosecuting authorities and with publicizing the	359
availability of awards of reparations pursuant to section 2743.71	360
of the Revised Code;	361

(k) The payment of costs of administering a DNA specimen	362
collection procedure pursuant to sections 2151.315, 2152.74, and	363
2901.07 of the Revised Code, of performing DNA analysis of those	364
DNA specimens, and of entering the resulting DNA records into the	365
DNA database pursuant to section 109.573 of the Revised Code. All	366

(2) All costs paid pursuant to section 2743.70 of the Revised	367
Code, the portions of license reinstatement fees mandated by	368
division (L)(2)(b) of section 4511.191 of the Revised Code to be	369
credited to the fund, the portions of the proceeds of the sale of	370
a forfeited vehicle specified in division (D)(2) of section	371
4503.234 of the Revised Code, payments collected by the department	372
of rehabilitation and correction from prisoners who voluntarily	373
participate in an approved work and training program pursuant to	374
division (C)(8)(b)(ii) of section 5145.16 of the Revised Code, and	375
all moneys collected by the state pursuant to its right of	376
subrogation provided in section 2743.72 of the Revised Code shall	377
be deposited in the fund.	378

(B) In making an award of reparations, the attorney general	379
shall render the award against the state. The award shall be	380
accomplished only through the following procedure, and the	381
following procedure may be enforced by writ of mandamus directed	382
to the appropriate official:	383

(1) The attorney general shall provide for payment of the	384
claimant or providers in the amount of the award.	385

(2) The expense shall be charged against all available	386
unencumbered moneys in the fund.	387

(3) If sufficient unencumbered moneys do not exist in the	388
fund, the attorney general shall make application for payment of	389
the award out of the emergency purposes account or any other	390
appropriation for emergencies or contingencies, and payment out of	391
this account or other appropriation shall be authorized if there	392
are sufficient moneys greater than the sum total of then pending	393
emergency purposes account requests or requests for releases from	394
the other appropriations.	395

(4) If sufficient moneys do not exist in the account or any	396
other appropriation for emergencies or contingencies to pay the	397
award, the attorney general shall request the general assembly to	398
make an appropriation sufficient to pay the award, and no payment	399
shall be made until the appropriation has been made. The attorney	400
general shall make this appropriation request during the current	401
biennium and during each succeeding biennium until a sufficient	402
appropriation is made. If, prior to the time that an	403
appropriation is made by the general assembly pursuant to this	404
division, the fund has sufficient unencumbered funds to pay the	405
award or part of the award, the available funds shall be used to	406
pay the award or part of the award, and the appropriation request	407
shall be amended to request only sufficient funds to pay that part	408
of the award that is unpaid.	409

(C) The attorney general shall not make payment on a	410
decision or order granting an award until all appeals have been	411
determined and all rights to appeal exhausted, except as otherwise	412
provided in this section. If any party to a claim for an award of	413
reparations appeals from only a portion of an award, and a	414
remaining portion provides for the payment of money by the state,	415
that part of the award calling for the payment of money by the	416
state and not a subject of the appeal shall be processed for	417
payment as described in this section.	418

(D) The attorney general shall prepare itemized bills for	419
the costs of printing and distributing the pamphlet the attorney	420
general prepares pursuant to section 109.42 of the Revised Code.	421
The itemized bills shall set forth the name and address of the	422
persons owed the amounts set forth in them.	423

(E) As used in this section, "DNA analysis" and "DNA	424
specimen" have the same meanings as in section 109.573 of the	425
Revised Code.	426

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

427

(1) "DNA analysis" and "DNA specimen" have the same meanings	428
as in section 109.573 of the Revised Code.	429

(2) "Jail" and "community-based correctional facility" have	430
the same meanings as in section 2929.01 of the Revised Code.	431

(3) "Post-release control" has the same meaning as in section	432
2967.01 of the Revised Code.	433

(B)(1) A person who is convicted of or pleads guilty to a	434
felony offense listed in division (D) of this section and who is	435
sentenced to a prison term or to a community residential sanction	436
in a jail or community-based correctional facility pursuant to	437
section 2929.16 of the Revised Code, and a person who is convicted	438
of or pleads guilty to a misdemeanor offense listed in division	439
(D) of this section and who is sentenced to a term of imprisonment	440
shall submit to a DNA specimen collection procedure administered	441
by the director of rehabilitation and correction or the chief	442
administrative officer of the jail or other detention facility in	443
which the person is serving the term of imprisonment. If the	444
person serves the prison term in a state correctional institution,	445
the director of rehabilitation and correction shall cause the DNA	446
specimen to be collected from the person during the intake process	447
at the reception facility designated by the director. If the	448
person serves the community residential sanction or term of	449
imprisonment in a jail, a community-based correctional facility,	450
or another county, multicounty, municipal, municipal-county, or	451
multicounty-municipal detention facility, the chief administrative	452
officer of the jail, community-based correctional facility, or	453
detention facility shall cause the DNA specimen to be collected	454
from the person during the intake process at the jail,	455
community-based correctional facility, or detention facility. In	456
accordance with division (C) of this section, the director or the	457
chief administrative officer shall cause the DNA specimen to be	458
forwarded to the bureau of criminal identification and	459
investigation no later than fifteen days after the date of the	460
collection of the DNA specimen. The DNA specimen shall be	461
collected in accordance with division (C) of this section.	462

(2) If a person is convicted of or pleads guilty to an	463
offense listed in division (D) of this section, is serving a	464
prison term, community residential sanction, or term of	465
imprisonment for that offense, and does not provide a DNA specimen	466
pursuant to division (B)(1) of this section, prior to the person's	467
release from the prison term, community residential sanction, or	468
imprisonment, the person shall submit to, and the director of	469
rehabilitation and correction or the chief administrative officer	470
of the jail, community-based correctional facility, or detention	471
facility in which the person is serving the prison term, community	472
residential sanction, or term of imprisonment shall administer, a	473
DNA specimen collection procedure at the state correctional	474
institution, jail, community-based correctional facility, or	475
detention facility in which the person is serving the prison term,	476
community residential sanction, or term of imprisonment. In	477
accordance with division (C) of this section, the director or the	478
chief administrative officer shall cause the DNA specimen to be	479
forwarded to the bureau of criminal identification and	480
investigation no later than fifteen days after the date of the	481
collection of the DNA specimen. The DNA specimen shall be	482
collected in accordance with division (C) of this section.	483

(3) If a person serving a term of imprisonment, prison term,	484
or community residential sanction for a felonycommitting an	485
offense listed in division (D) of this section is on probation, is	486
released on parole, under transitional control, or on another type	487
of release, or is on post-release control, if the person is under	488
the supervision of a probation department or the adult parole	489
authority, if the person is sent to jail or is returned to a jail,	490
community-based correctional facility, or state correctional	491
institution for a violation of the terms and conditions of the	492
probation, parole, transitional control, other release, or	493
post-release control, if the person was or will be serving a term	494
of imprisonment, prison term, or community residential sanction	495
for committing an offense listed in division (D) of this section,	496
and if the person did not provide a DNA specimen pursuant to	497
division (B)(1) or (2) of this section, the person shall submit	498
to, and the director of rehabilitation and correction or the chief	499
administrative officer of the jail or community-based correctional	500
facility shall administer, a DNA specimen collection procedure at	501
the jail, community-based correctional facility, or state	502
correctional institution in which the person is serving the term	503
of imprisonment, prison term, or community residential sanction.	504
In accordance with division (C) of this section, the director or	505
the chief administrative officer shall cause the DNA specimen to	506
be forwarded to the bureau of criminal identification and	507
investigation no later than fifteen days after the date of the	508
collection of the DNA specimen. The DNA specimen shall be	509
collected from the person in accordance with division (C) of this	510
section.	511

(C) AIf the DNA specimen is collected by withdrawing blood	512
from the person or a similarly invasive procedure, a physician,	513
registered nurse, licensed practical nurse, duly licensed clinical	514
laboratory technician, or other qualified medical practitioner	515
shall collect in a medically approved manner the DNA specimen	516
required to be collected pursuant to division (B) of this section.	517
If the DNA specimen is collected by swabbing for buccal cells or a	518
similarly noninvasive procedure, this section does not require	519
that the DNA specimen be collected by a qualified medical	520
practitioner of that nature. No later than fifteen days after the	521
date of the collection of the DNA specimen, the director of	522
rehabilitation and correction or the chief administrative officer	523
of the jail, community-based correctional facility, or other	524
county, multicounty, municipal, municipal-county, or	525
multicounty-municipal detention facility, in which the person is	526
serving the prison term, community residential sanction, or term	527
of imprisonment shall cause the DNA specimen to be forwarded to	528
the bureau of criminal identification and investigation in	529
accordance with procedures established by the superintendent of	530
the bureau under division (H) of section 109.573 of the Revised	531
Code. The bureau shall provide the specimen vials, mailing tubes,	532
labels, postage, and instructions needed for the collection and	533
forwarding of the DNA specimen to the bureau.	534

(D) The director of rehabilitation and correction and the	535
chief administrative officer of the jail, community-based	536
correctional facility, or other county, multicounty, municipal,	537
municipal-county, or multicounty-municipal detention facility	538
shall cause a DNA specimen to be collected in accordance with	539
divisions (B) and (C) of this section from a person in its custody	540
who is convicted of or pleads guilty to any of the following	541
offenses:	542

(1) A violation of section 2903.01, 2903.02, 2903.11,	543
2905.01, 2907.02, 2907.03, 2907.04, 2907.05, or2911.01, 2911.02,	544
2911.11, or 2911.12 of the Revised Code;	545

(2) A violation of section 2907.12 of the Revised Code as it	546
existed prior to September 3, 1996;	547

(3) An attempt to commit a violation of section 2903.01,	548
2903.02, 2907.02, 2907.03, 2907.04, or 2907.05 of the Revised Code	549
or to commit a violation of section 2907.12 of the Revised Code as	550
it existed prior to September 3, 1996;	551

(4) A felony violation of any law that arose out of the same	552
facts and circumstances and same act as did a charge against the	553
person of a violation of section 2903.01, 2903.02, 2903.11,	554
2905.01, 2907.02, 2907.03, 2907.04, 2907.05, or2911.01, 2911.02,	555
2911.11, or 2911.12 of the Revised Code that previously was	556
dismissed or amended or as did a charge against the person of a	557
violation of section 2907.12 of the Revised Code as it existed	558
prior to September 3, 1996, that previously was dismissed or	559
amended;	560

(5) A violation of section 2905.02 or 2919.23 of the Revised	561
Code that would have been a violation of section 2905.04 of the	562
Revised Code as it existed prior to July 1, 1996, had it been	563
committed prior to that date;	564

(6) A sexually oriented offense, as defined in section	565
2950.01 of the Revised Code, if, in relation to that offense, the	566
offender has been adjudicated as being a sexual predator, as	567
defined in section 2950.01 of the Revised Code;	568

(7) A conspiracy to commit a violation of section 2903.01,	569
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the	570
Revised Code;	571

(8) Complicity in committing a violation of section 2903.01,	572
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,	573
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a	574
violation of section 2907.12 of the Revised Code as it existed	575
prior to September 3, 1996.	576

(E) The director of rehabilitation and correction or a chief	577
administrative officer of a jail, community-based correctional	578
facility, or other detention facility described in division (B) of	579
this section in relation to the following offenses is not required	580
to comply with this section until the superintendent of the bureau	581
of criminal identification and investigation gives agencies in the	582
criminal justice system, as defined in section 181.51 of the	583
Revised Code, in the state official notification that the state	584
DNA laboratory is prepared to accept DNA specimens of that nature:	585

(1) A violation of section 2903.11, 2911.01, 2911.02, or	586
2911.12 of the Revised Code;	587

(2) An attempt to commit a violation of section 2903.01 or	588
2903.02 of the Revised Code;	589

(3) A felony violation of any law that arose out of the same	590
facts and circumstances and same act as did a charge against the	591
person of a violation of section 2903.11, 2911.01, 2911.02, or	592
2911.12 of the Revised Code that previously was dismissed or	593
amended;	594

(4) A conspiracy to commit a violation of section 2903.01,	595
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the	596
Revised Code;	597

(5) Complicity in committing a violation of section 2903.01,	598
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,	599
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a	600
violation of section 2907.12 of the Revised Code as it existed	601
prior to September 3, 1996.	602

Section 2. That existing sections 109.573, 2152.74, 2743.191,	603
and 2901.07 of the Revised Code are hereby repealed.	604

Section 3.  Section 109.573 of the Revised Code is presented	605
in this act as a composite of the section as amended by both Am.	606
Sub. S.B. 179 and Am. Sub. S.B. 180 of the 123rd General Assembly.	607
The General Assembly, applying the principle stated in division	608
(B) of section 1.52 of the Revised Code that amendments are to be	609
harmonized if reasonably capable of simultaneous operation, finds	610
that the composite is the resulting version of the section in	611
effect prior to the effective date of the section as presented in	612
this act.	613