SENATORS Herington, Oelslager, Hottinger, White, Spada, Austria, Harris, Robert Gardner

To amend sections 109.573, 2152.74, 2743.191,

1

2901.07, and 2935.01 and to enact sections 109.542

2

and 2935.011 of the Revised Code to expand the

3

offenses for which DNA specimens are collected

4

from delinquent children and criminal offenders,

5

to delay the implementation of the expansion of

6

DNA specimen collection until the Superintendent

7

of the Bureau of Criminal Identification and

8

Investigation gives official notification that the

9

state DNA laboratory is prepared to accept DNA

10

specimens of that nature, to pay the costs of DNA

11

specimen collection regarding the added offenses

12

from the Reparations Fund, to remove the

13

requirement that DNA specimens be collected by

14

specified medical practitioners in certain cases,

15

to expand the circumstances in which a person

16

returning to incarceration must submit to a DNA

17

specimen collection procedure to include

18

misdemeanants covered by the DNA Specimen

19

Collection Law who are on probation, to provide

20

that service as an investigator of the Bureau of

21

Criminal Identification and Investigation counts

22

as peace officer service for purposes of

23

maintaining a current and valid peace officer

24

basic training certificate and subjects the person

25

to other peace officer training-related laws, and

26

to include as peace officers, for certain

27

purposes, investigators of the Bureau who have

28

received such a certificate and who are assisting

29

law enforcement officers.

30

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

Section 1. That sections 109.573, 2152.74, 2743.191, 2901.07,	31
and 2935.01 be amended and sections 109.542 and 2935.011 of the	32
Revised Code be enacted to read as follows:	33

Sec. 109.542. If an officer or employee of the bureau of	34
criminal identification and investigation is investigative	35
personnel of the bureau and has been awarded a certificate by the	36
executive director of the Ohio peace officer training commission	37
attesting to the officer's or employee's satisfactory completion	38
of an approved state, county, municipal, or department of natural	39
resources peace officer basic training program, both of the	40
following apply:	41

(A) The officer or employee shall be considered a peace	42
officer during the term of the officer's or employee's appointment	43
or employment with the bureau in that capacity for the purposes of	44
maintaining a current and valid basic training certificate	45
pursuant to rules adopted under section 109.74 of the Revised	46
Code.	47

(B) Sections 109.71 to 109.77 of the Revised Code apply to	48
the officer or employee as if the officer or employee was included	49
in the definition of "peace officer" set forth in section 109.71	50
of the Revised Code.	51

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

52

(1) "DNA" means human deoxyribonucleic acid.

53

(2) "DNA analysis" means a laboratory analysis of a DNA	54
specimen to identify DNA characteristics and to create a DNA	55
record.	56

(3) "DNA database" means a collection of DNA records from	57
forensic casework or from crime scenes, specimens from anonymous	58
and unidentified sources, and records collected pursuant to	59
sections 2152.74 and 2901.07 of the Revised Code and a population	60
statistics database for determining the frequency of occurrence of	61
characteristics in DNA records.	62

(4) "DNA record" means the objective result of a DNA	63
analysis of a DNA specimen, including representations of DNA	64
fragment lengths, digital images of autoradiographs, discrete	65
allele assignment numbers, and other DNA specimen characteristics	66
that aid in establishing the identity of an individual.	67

(5) "DNA specimen" includes human blood cells or	68
physiological tissues or body fluids.	69

(6) "Unidentified person database" means a collection of DNA	70
records, and, on and after May 21, 1998, of fingerprint and	71
photograph records, of unidentified human corpses, human remains,	72
or living individuals.	73

(7) "Relatives of missing persons database" means a	74
collection of DNA records of persons related by consanguinity of	75
the first degree to a missing person.	76

(8) "Law enforcement agency" means a police department, the	77
office of a sheriff, the state highway patrol, a county	78
prosecuting attorney, or a federal, state, or local governmental	79
body that enforces criminal laws and that has employees who have a	80
statutory power of arrest.	81

(B)(1) The superintendent of the bureau of criminal	82
identification and investigation may do all of the following:	83

(a) Establish and maintain a state DNA laboratory to perform	84
DNA analysis of DNA specimens;	85

(b) Establish and maintain a DNA database;

86

(c) Establish and maintain an unidentified person database	87
to aid in the establishment of the identity of unknown human	88
corpses, human remains, or living individuals;	89

(d) Establish and maintain a relatives of missing persons	90
database for comparison with the unidentified person database to	91
aid in the establishment of the identity of unknown human corpses,	92
human remains, and living individuals.	93

(2) If the bureau of criminal identification and	94
investigation establishes and maintains a DNA laboratory and a DNA	95
database, the bureau may use or disclose information regarding DNA	96
records for the following purposes:	97

(a) The bureau may disclose information to a law enforcement	98
agency for purposes of identification.	99

(b) The bureau shall disclose pursuant to a court order	100
issued under section 3111.09 of the Revised Code any information	101
necessary to determine the existence of a parent and child	102
relationship in an action brought under sections 3111.01 to	103
3111.18 of the Revised Code.	104

(c) The bureau may use or disclose information from the	105
population statistics database, for identification research and	106
protocol development, or for quality control purposes.	107

(3) If the bureau of criminal identification and	108
investigation establishes and maintains a relatives of missing	109
persons database, all of the following apply:	110

(a) If a person has disappeared and has been continuously	111
absent from the person's place of last domicile for a thirty-day	112
or longer period of time without being heard from during the	113
period, persons related by consanguinity of the first degree to	114
the missing person may submit to the bureau a DNA specimen, the	115
bureau may include the DNA record of the specimen in the relatives	116
of missing persons database, and, if the bureau does not include	117
the DNA record of the specimen in the relatives of missing persons	118
database, the bureau shall retain the DNA record for future	119
reference and inclusion as appropriate in that database.	120

(b) The bureau shall not charge a fee for the submission of	121
a DNA specimen pursuant to division (B)(3)(a) of this section.	122

(c) AIf the DNA specimen submitted pursuant to division	123
(B)(3)(a) of this section is collected by withdrawing blood from	124
the person or a similarly invasive procedure, a physician,	125
registered nurse, licensed practical nurse, duly licensed clinical	126
laboratory technician, or other qualified medical practitioner	127
shall conduct the collection procedure for the DNA specimen	128
submitted pursuant to division (B)(3)(a) of this section and shall	129
collect the DNA specimen in a medically approved manner. If the	130
DNA specimen is collected by swabbing for buccal cells or a	131
similarly noninvasive procedure, division (B)(3)(c) of this	132
section does not require that the DNA specimen be collected by a	133
qualified medical practitioner of that nature. No later than	134
fifteen days after the date of the collection of the DNA specimen,	135
the person conducting the DNA specimen collection procedure shall	136
cause the DNA specimen to be forwarded to the bureau of criminal	137
identification and investigation in accordance with procedures	138
established by the superintendent of the bureau under division (H)	139
of this section. The bureau may provide the specimen vials,	140
mailing tubes, labels, postage, and instruction needed for the	141
collection and forwarding of the DNA specimen to the bureau.	142

(d) The superintendent, in the superintendent's discretion,	143
may compare DNA records in the relatives of missing persons	144
database with the DNA records in the unidentified person database.	145

(4) If the bureau of criminal identification and	146
investigation establishes and maintains an unidentified person	147
database and if the superintendent of the bureau identifies a	148
matching DNA record for the DNA record of a person or deceased	149
person whose DNA record is contained in the unidentified person	150
database, the superintendent shall inform the coroner who	151
submitted or the law enforcement agency that submitted the DNA	152
specimen to the bureau of the match and, if possible, of the	153
identity of the unidentified person.	154

(5) The bureau of criminal identification and investigation	155
may enter into a contract with a qualified public or private	156
laboratory to perform DNA analyses, DNA specimen maintenance,	157
preservation, and storage, DNA record keeping, and other duties	158
required of the bureau under this section. A public or private	159
laboratory under contract with the bureau shall follow quality	160
assurance and privacy requirements established by the	161
superintendent of the bureau.	162

(C) The superintendent of the bureau of criminal	163
identification and investigation shall establish procedures for	164
entering into the DNA database the DNA records submitted pursuant	165
to sections 2152.74 and 2901.07 of the Revised Code and for	166
determining an order of priority for entry of the DNA records	167
based on the types of offenses committed by the persons whose	168
records are submitted and the available resources of the bureau.	169

(D) When a DNA record is derived from a DNA specimen	170
provided pursuant to section 2152.74 or 2901.07 of the Revised	171
Code, the bureau of criminal identification and investigation	172
shall attach to the DNA record personal identification information	173
that identifies the person from whom the DNA specimen was taken.	174
The personal identification information may include the subject	175
person's fingerprints and any other information the bureau	176
determines necessary. The DNA record and personal identification	177
information attached to it shall be used only for the purpose of	178
personal identification or for a purpose specified in this	179
section.	180

(E) DNA records, DNA specimens, fingerprints, and	181
photographs that the bureau of criminal identification and	182
investigation receives pursuant to this section and sections	183
313.08, 2152.74, and 2901.07 of the Revised Code and personal	184
identification information attached to a DNA record are not public	185
records under section 149.43 of the Revised Code.	186

(F) The bureau of criminal identification and investigation	187
may charge a reasonable fee for providing information pursuant to	188
this section to any law enforcement agency located in another	189
state.	190

(G)(1) No person who because of the person's employment or	191
official position has access to a DNA specimen, a DNA record, or	192
other information contained in the DNA database that identifies an	193
individual shall knowingly disclose that specimen, record, or	194
information to any person or agency not entitled to receive it or	195
otherwise shall misuse that specimen, record, or information.	196

(2) No person without authorization or privilege to obtain	197
information contained in the DNA database that identifies an	198
individual person shall purposely obtain that information.	199

(H) The superintendent of the bureau of criminal	200
identification and investigation shall establish procedures for	201
all of the following:	202

(1) The forwarding to the bureau of DNA specimens collected	203
pursuant to division (H) of this section and sections 313.08,,	204
2152.74, and 2901.07 of the Revised Code and of fingerprints and	205
photographs collected pursuant to section 313.08 of the Revised	206
Code;	207

(2) The collection, maintenance, preservation, and analysis	208
of DNA specimens;	209

(3) The creation, maintenance, and operation of the DNA	210
database;	211

(4) The use and dissemination of information from the DNA	212
database;	213

(5) The creation, maintenance, and operation of the	214
unidentified person database;	215

(6) The use and dissemination of information from the	216
unidentified person database;	217

(7) The creation, maintenance, and operation of the	218
relatives of missing persons database;	219

(8) The use and dissemination of information from the	220
relatives of missing persons database;	221

(9) The verification of entities requesting DNA records and	222
other DNA information from the bureau and the authority of the	223
entity to receive the information;	224

(10) The operation of the bureau and responsibilities of	225
employees of the bureau with respect to the activities described	226
in this section.	227

Sec.  2152.74.  (A) As used in this section, "DNA analysis"	228
and "DNA specimen" have the same meanings as in section 109.573 of	229
the Revised Code.	230

(B)(1) A child who is adjudicated a delinquent child for	231
committing an act listed in division (D) of this section and who	232
is committed to the custody of the department of youth services or	233
to a school, camp, institution, or other facility for delinquent	234
children described in division (A)(2) of section 2152.19 of the	235
Revised Code shall submit to a DNA specimen collection procedure	236
administered by the director of youth services if committed to the	237
department or by the chief administrative officer of the school,	238
camp, institution, or other facility for delinquent children to	239
which the child was committed. If the court commits the child to	240
the department of youth services, the director of youth services	241
shall cause the DNA specimen to be collected from the child during	242
the intake process at an institution operated by or under the	243
control of the department. If the court commits the child to a	244
school, camp, institution, or other facility for delinquent	245
children, the chief administrative officer of the school, camp,	246
institution, or facility to which the child is committed shall	247
cause the DNA specimen to be collected from the child during the	248
intake process for the school, camp, institution, or facility. In	249
accordance with division (C) of this section, the director or the	250
chief administrative officer shall cause the DNA specimen to be	251
forwarded to the bureau of criminal identification and	252
investigation no later than fifteen days after the date of the	253
collection of the DNA specimen. The DNA specimen shall be	254
collected from the child in accordance with division (C) of this	255
section.	256

(2) If a child is adjudicated a delinquent child for	257
committing an act listed in division (D) of this section, is	258
committed to the department of youth services or to a school,	259
camp, institution, or other facility for delinquent children, and	260
does not submit to a DNA specimen collection procedure pursuant to	261
division (B)(1) of this section, prior to the child's release from	262
the custody of the department of youth services or from the	263
custody of the school, camp, institution, or facility, the child	264
shall submit to, and the director of youth services or the chief	265
administrator of the school, camp, institution, or facility to	266
which the child is committed shall administer, a DNA specimen	267
collection procedure at the institution operated by or under the	268
control of the department of youth services or at the school,	269
camp, institution, or facility to which the child is committed. In	270
accordance with division (C) of this section, the director or the	271
chief administrative officer shall cause the DNA specimen to be	272
forwarded to the bureau of criminal identification and	273
investigation no later than fifteen days after the date of the	274
collection of the DNA specimen. The DNA specimen shall be	275
collected in accordance with division (C) of this section.	276

(C) AIf the DNA specimen is collected by withdrawing blood	277
from the child or a similarly invasive procedure, a physician,	278
registered nurse, licensed practical nurse, duly licensed clinical	279
laboratory technician, or other qualified medical practitioner	280
shall collect in a medically approved manner the DNA specimen	281
required to be collected pursuant to division (B) of this section.	282
If the DNA specimen is collected by swabbing for buccal cells or a	283
similarly noninvasive procedure, this section does not require	284
that the DNA specimen be collected by a qualified medical	285
practitioner of that nature. No later than fifteen days after the	286
date of the collection of the DNA specimen, the director of youth	287
services or the chief administrative officer of the school, camp,	288
institution, or other facility for delinquent children to which	289
the child is committed shall cause the DNA specimen to be	290
forwarded to the bureau of criminal identification and	291
investigation in accordance with procedures established by the	292
superintendent of the bureau under division (H) of section 109.573	293
of the Revised Code. The bureau shall provide the specimen vials,	294
mailing tubes, labels, postage, and instruction needed for the	295
collection and forwarding of the DNA specimen to the bureau.	296

(D) The director of youth services and the chief	297
administrative officer of a school, camp, institution, or other	298
facility for delinquent children shall cause a DNA specimen to be	299
collected in accordance with divisions (B) and (C) of this section	300
from each child in its custody who is adjudicated a delinquent	301
child for committing any of the following acts:	302

(1) A violation of section 2903.01, 2903.02, 2903.11,	303
2905.01, 2907.02, 2907.03, 2907.05, or2911.01, 2911.02, 2911.11,	304
or 2911.12 of the Revised Code;	305

(2) A violation of section 2907.12 of the Revised Code as it	306
existed prior to September 3, 1996;	307

(3) An attempt to commit a violation of section 2903.01,	308
2903.02, 2907.02, 2907.03, or 2907.05 of the Revised Code or to	309
commit a violation of section 2907.12 of the Revised Code as it	310
existed prior to September 3, 1996;	311

(4) A violation of any law that arose out of the same facts	312
and circumstances and same act as did a charge against the child	313
of a violation of section 2903.01, 2903.02, 2905.01, 2907.02,	314
2907.03, 2907.05, or 2911.11 of the Revised Code that previously	315
was dismissed or amended or as did a charge against the child of a	316
violation of section 2907.12 of the Revised Code as it existed	317
prior to September 3, 1996, that previously was dismissed or	318
amended;	319

(5) A violation of section 2905.02 or 2919.23 of the Revised	320
Code that would have been a violation of section 2905.04 of the	321
Revised Code as it existed prior to July 1, 1996, had the	322
violation been committed prior to that date;	323

(6) A felony violation of any law that arose out of the same	324
facts and circumstances and same act as did a charge against the	325
child of a violation of section 2903.11, 2911.01, 2911.02, or	326
2911.12 of the Revised Code that previously was dismissed or	327
amended;	328

(7) A violation of section 2923.01 of the Revised Code	329
involving a conspiracy to commit a violation of section 2903.01,	330
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the	331
Revised Code;	332

(8) A violation of section 2923.03 of the Revised Code	333
involving complicity in committing a violation of section 2903.01,	334
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,	335
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a	336
violation of section 2907.12 of the Revised Code as it existed	337
prior to September 3, 1996.	338

(E) The director of youth services and the chief	339
administrative officer of a school, camp, institution, or other	340
facility for delinquent children is not required to comply with	341
this section in relation to the following acts until the	342
superintendent of the bureau of criminal identification and	343
investigation gives agencies in the juvenile justice system, as	344
defined in section 181.51 of the Revised Code, in the state	345
official notification that the state DNA laboratory is prepared to	346
accept DNA specimens of that nature:	347

(1) A violation of section 2903.11, 2911.01, 2911.02, or	348
2911.12 of the Revised Code;	349

(2) An attempt to commit a violation of section 2903.01 or	350
2903.02 of the Revised Code;	351

(3) A felony violation of any law that arose out of the same	352
facts and circumstances and same act as did a charge against the	353
child of a violation of section 2903.11, 2911.01, 2911.02, or	354
2911.12 of the Revised Code that previously was dismissed or	355
amended;	356

(4) A violation of section 2923.01 of the Revised Code	357
involving a conspiracy to commit a violation of section 2903.01,	358
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the	359
Revised Code;	360

(5) A violation of section 2923.03 of the Revised Code	361
involving complicity in committing a violation of section 2903.01,	362
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,	363
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a	364
violation of section 2907.12 of the Revised Code as it existed	365
prior to September 3, 1996.	366

Sec. 2743.191.  (A)(1) There is hereby created in the state	367
treasury the reparations fund, which shall be used only for the	368
following purposes:	369

(a) The payment of awards of reparations that are granted by	370
the attorney general, the;	371

(b) The compensation of any personnel needed by the attorney	372
general to administer sections 2743.51 to 2743.72 of the Revised	373
Code, the;	374

(c) The compensation of witnesses as provided in division (B)	375
of section 2743.65 of the Revised Code, other;	376

(d) Other administrative costs of hearing and determining	377
claims for an award of reparations by the attorney general, the;	378

(e) The costs of administering sections 2907.28 and 2969.01	379
to 2969.06 of the Revised Code, the;	380

(f) The costs of investigation and decision-making as	381
certified by the attorney general, the;	382

(g) The provision of state financial assistance to victim	383
assistance programs in accordance with sections 109.91 and 109.92	384
of the Revised Code, the;	385

(h) The costs of paying the expenses of sex offense-related	386
examinations and antibiotics pursuant to section 2907.28 of the	387
Revised Code, the;	388

(i) The cost of printing and distributing the pamphlet	389
prepared by the attorney general pursuant to section 109.42 of the	390
Revised Code, and, subject;	391

(j) Subject to division (D) of section 2743.71 of the Revised	392
Code, the costs associated with the printing and providing of	393
information cards or other printed materials to law enforcement	394
agencies and prosecuting authorities and with publicizing the	395
availability of awards of reparations pursuant to section 2743.71	396
of the Revised Code;	397

(k) The payment of costs of administering a DNA specimen	398
collection procedure pursuant to section 2152.74 of the Revised	399
Code in relation to any act identified in division (E)(1) to (5)	400
of that section and pursuant to section 2901.07 of the Revised	401
Code in relation to any act identified in division (E)(1) to (5)	402
of that section, of performing DNA analysis of those DNA	403
specimens, and of entering the resulting DNA records regarding	404
those analyses into the DNA database pursuant to section 109.573	405
of the Revised Code. All	406

(2) All costs paid pursuant to section 2743.70 of the Revised	407
Code, the portions of license reinstatement fees mandated by	408
division (L)(2)(b) of section 4511.191 of the Revised Code to be	409
credited to the fund, the portions of the proceeds of the sale of	410
a forfeited vehicle specified in division (D)(2) of section	411
4503.234 of the Revised Code, payments collected by the department	412
of rehabilitation and correction from prisoners who voluntarily	413
participate in an approved work and training program pursuant to	414
division (C)(8)(b)(ii) of section 5145.16 of the Revised Code, and	415
all moneys collected by the state pursuant to its right of	416
subrogation provided in section 2743.72 of the Revised Code shall	417
be deposited in the fund.	418

(B) In making an award of reparations, the attorney general	419
shall render the award against the state. The award shall be	420
accomplished only through the following procedure, and the	421
following procedure may be enforced by writ of mandamus directed	422
to the appropriate official:	423

(1) The attorney general shall provide for payment of the	424
claimant or providers in the amount of the award.	425

(2) The expense shall be charged against all available	426
unencumbered moneys in the fund.	427

(3) If sufficient unencumbered moneys do not exist in the	428
fund, the attorney general shall make application for payment of	429
the award out of the emergency purposes account or any other	430
appropriation for emergencies or contingencies, and payment out of	431
this account or other appropriation shall be authorized if there	432
are sufficient moneys greater than the sum total of then pending	433
emergency purposes account requests or requests for releases from	434
the other appropriations.	435

(4) If sufficient moneys do not exist in the account or any	436
other appropriation for emergencies or contingencies to pay the	437
award, the attorney general shall request the general assembly to	438
make an appropriation sufficient to pay the award, and no payment	439
shall be made until the appropriation has been made. The attorney	440
general shall make this appropriation request during the current	441
biennium and during each succeeding biennium until a sufficient	442
appropriation is made. If, prior to the time that an	443
appropriation is made by the general assembly pursuant to this	444
division, the fund has sufficient unencumbered funds to pay the	445
award or part of the award, the available funds shall be used to	446
pay the award or part of the award, and the appropriation request	447
shall be amended to request only sufficient funds to pay that part	448
of the award that is unpaid.	449

(C) The attorney general shall not make payment on a	450
decision or order granting an award until all appeals have been	451
determined and all rights to appeal exhausted, except as otherwise	452
provided in this section. If any party to a claim for an award of	453
reparations appeals from only a portion of an award, and a	454
remaining portion provides for the payment of money by the state,	455
that part of the award calling for the payment of money by the	456
state and not a subject of the appeal shall be processed for	457
payment as described in this section.	458

(D) The attorney general shall prepare itemized bills for	459
the costs of printing and distributing the pamphlet the attorney	460
general prepares pursuant to section 109.42 of the Revised Code.	461
The itemized bills shall set forth the name and address of the	462
persons owed the amounts set forth in them.	463

(E) As used in this section, "DNA analysis" and "DNA	464
specimen" have the same meanings as in section 109.573 of the	465
Revised Code.	466

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

467

(1) "DNA analysis" and "DNA specimen" have the same meanings	468
as in section 109.573 of the Revised Code.	469

(2) "Jail" and "community-based correctional facility" have	470
the same meanings as in section 2929.01 of the Revised Code.	471

(3) "Post-release control" has the same meaning as in section	472
2967.01 of the Revised Code.	473

(B)(1) A person who is convicted of or pleads guilty to a	474
felony offense listed in division (D) of this section and who is	475
sentenced to a prison term or to a community residential sanction	476
in a jail or community-based correctional facility pursuant to	477
section 2929.16 of the Revised Code, and a person who is convicted	478
of or pleads guilty to a misdemeanor offense listed in division	479
(D) of this section and who is sentenced to a term of imprisonment	480
shall submit to a DNA specimen collection procedure administered	481
by the director of rehabilitation and correction or the chief	482
administrative officer of the jail or other detention facility in	483
which the person is serving the term of imprisonment. If the	484
person serves the prison term in a state correctional institution,	485
the director of rehabilitation and correction shall cause the DNA	486
specimen to be collected from the person during the intake process	487
at the reception facility designated by the director. If the	488
person serves the community residential sanction or term of	489
imprisonment in a jail, a community-based correctional facility,	490
or another county, multicounty, municipal, municipal-county, or	491
multicounty-municipal detention facility, the chief administrative	492
officer of the jail, community-based correctional facility, or	493
detention facility shall cause the DNA specimen to be collected	494
from the person during the intake process at the jail,	495
community-based correctional facility, or detention facility. In	496
accordance with division (C) of this section, the director or the	497
chief administrative officer shall cause the DNA specimen to be	498
forwarded to the bureau of criminal identification and	499
investigation no later than fifteen days after the date of the	500
collection of the DNA specimen. The DNA specimen shall be	501
collected in accordance with division (C) of this section.	502

(2) If a person is convicted of or pleads guilty to an	503
offense listed in division (D) of this section, is serving a	504
prison term, community residential sanction, or term of	505
imprisonment for that offense, and does not provide a DNA specimen	506
pursuant to division (B)(1) of this section, prior to the person's	507
release from the prison term, community residential sanction, or	508
imprisonment, the person shall submit to, and the director of	509
rehabilitation and correction or the chief administrative officer	510
of the jail, community-based correctional facility, or detention	511
facility in which the person is serving the prison term, community	512
residential sanction, or term of imprisonment shall administer, a	513
DNA specimen collection procedure at the state correctional	514
institution, jail, community-based correctional facility, or	515
detention facility in which the person is serving the prison term,	516
community residential sanction, or term of imprisonment. In	517
accordance with division (C) of this section, the director or the	518
chief administrative officer shall cause the DNA specimen to be	519
forwarded to the bureau of criminal identification and	520
investigation no later than fifteen days after the date of the	521
collection of the DNA specimen. The DNA specimen shall be	522
collected in accordance with division (C) of this section.	523

(3) If a person sentenced to a term of imprisonment or	524
serving a prison term or community residential sanction for a	525
felonycommitting an offense listed in division (D) of this	526
section is on probation, is released on parole, under transitional	527
control, or on another type of release, or is on post-release	528
control, if the person is under the supervision of a probation	529
department or the adult parole authority, if the person is sent to	530
jail or is returned to a jail, community-based correctional	531
facility, or state correctional institution for a violation of the	532
terms and conditions of the probation, parole, transitional	533
control, other release, or post-release control, if the person was	534
or will be serving a term of imprisonment, prison term, or	535
community residential sanction for committing an offense listed in	536
division (D) of this section, and if the person did not provide a	537
DNA specimen pursuant to division (B)(1) or (2) of this section,	538
the person shall submit to, and the director of rehabilitation and	539
correction or the chief administrative officer of the jail or	540
community-based correctional facility shall administer, a DNA	541
specimen collection procedure at the jail, community-based	542
correctional facility, or state correctional institution in which	543
the person is serving the term of imprisonment, prison term, or	544
community residential sanction. In accordance with division (C) of	545
this section, the director or the chief administrative officer	546
shall cause the DNA specimen to be forwarded to the bureau of	547
criminal identification and investigation no later than fifteen	548
days after the date of the collection of the DNA specimen. The	549
DNA specimen shall be collected from the person in accordance with	550
division (C) of this section.	551

(C) AIf the DNA specimen is collected by withdrawing blood	552
from the person or a similarly invasive procedure, a physician,	553
registered nurse, licensed practical nurse, duly licensed clinical	554
laboratory technician, or other qualified medical practitioner	555
shall collect in a medically approved manner the DNA specimen	556
required to be collected pursuant to division (B) of this section.	557
If the DNA specimen is collected by swabbing for buccal cells or a	558
similarly noninvasive procedure, this section does not require	559
that the DNA specimen be collected by a qualified medical	560
practitioner of that nature. No later than fifteen days after the	561
date of the collection of the DNA specimen, the director of	562
rehabilitation and correction or the chief administrative officer	563
of the jail, community-based correctional facility, or other	564
county, multicounty, municipal, municipal-county, or	565
multicounty-municipal detention facility, in which the person is	566
serving the prison term, community residential sanction, or term	567
of imprisonment shall cause the DNA specimen to be forwarded to	568
the bureau of criminal identification and investigation in	569
accordance with procedures established by the superintendent of	570
the bureau under division (H) of section 109.573 of the Revised	571
Code. The bureau shall provide the specimen vials, mailing tubes,	572
labels, postage, and instructions needed for the collection and	573
forwarding of the DNA specimen to the bureau.	574

(D) The director of rehabilitation and correction and the	575
chief administrative officer of the jail, community-based	576
correctional facility, or other county, multicounty, municipal,	577
municipal-county, or multicounty-municipal detention facility	578
shall cause a DNA specimen to be collected in accordance with	579
divisions (B) and (C) of this section from a person in its custody	580
who is convicted of or pleads guilty to any of the following	581
offenses:	582

(1) A violation of section 2903.01, 2903.02, 2903.11,	583
2905.01, 2907.02, 2907.03, 2907.04, 2907.05, or2911.01, 2911.02,	584
2911.11, or 2911.12 of the Revised Code;	585

(2) A violation of section 2907.12 of the Revised Code as it	586
existed prior to September 3, 1996;	587

(3) An attempt to commit a violation of section 2903.01,	588
2903.02, 2907.02, 2907.03, 2907.04, or 2907.05 of the Revised Code	589
or to commit a violation of section 2907.12 of the Revised Code as	590
it existed prior to September 3, 1996;	591

(4) A violation of any law that arose out of the same facts	592
and circumstances and same act as did a charge against the person	593
of a violation of section 2903.01, 2903.02, 2905.01, 2907.02,	594
2907.03, 2907.04, 2907.05, or 2911.11 of the Revised Code that	595
previously was dismissed or amended or as did a charge against the	596
person of a violation of section 2907.12 of the Revised Code as it	597
existed prior to September 3, 1996, that previously was dismissed	598
or amended;	599

(5) A violation of section 2905.02 or 2919.23 of the Revised	600
Code that would have been a violation of section 2905.04 of the	601
Revised Code as it existed prior to July 1, 1996, had it been	602
committed prior to that date;	603

(6) A sexually oriented offense, as defined in section	604
2950.01 of the Revised Code, if, in relation to that offense, the	605
offender has been adjudicated as being a sexual predator, as	606
defined in section 2950.01 of the Revised Code;	607

(7) A felony violation of any law that arose out of the same	608
facts and circumstances and same act as did a charge against the	609
person of a violation of section 2903.11, 2911.01, 2911.02, or	610
2911.12 of the Revised Code that previously was dismissed or	611
amended;	612

(8) A conspiracy to commit a violation of section 2903.01,	613
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the	614
Revised Code;	615

(9) Complicity in committing a violation of section 2903.01,	616
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,	617
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a	618
violation of section 2907.12 of the Revised Code as it existed	619
prior to September 3, 1996.	620

(E) The director of rehabilitation and correction or a chief	621
administrative officer of a jail, community-based correctional	622
facility, or other detention facility described in division (B) of	623
this section in relation to the following offenses is not required	624
to comply with this section until the superintendent of the bureau	625
of criminal identification and investigation gives agencies in the	626
criminal justice system, as defined in section 181.51 of the	627
Revised Code, in the state official notification that the state	628
DNA laboratory is prepared to accept DNA specimens of that nature:	629

(1) A violation of section 2903.11, 2911.01, 2911.02, or	630
2911.12 of the Revised Code;	631

(2) An attempt to commit a violation of section 2903.01 or	632
2903.02 of the Revised Code;	633

(3) A felony violation of any law that arose out of the same	634
facts and circumstances and same act as did a charge against the	635
person of a violation of section 2903.11, 2911.01, 2911.02, or	636
2911.12 of the Revised Code that previously was dismissed or	637
amended;	638

(4) A conspiracy to commit a violation of section 2903.01,	639
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the	640
Revised Code;	641

(5) Complicity in committing a violation of section 2903.01,	642
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,	643
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a	644
violation of section 2907.12 of the Revised Code as it existed	645
prior to September 3, 1996.	646

Sec. 2935.01.  As used in this chapter:

647

(A) "Magistrate" has the same meaning as in section 2931.01	648
of the Revised Code.	649

(B) "Peace officer" includes, except as provided in section	650
2935.081 of the Revised Code, a sheriff; deputy sheriff; marshal;	651
deputy marshal; member of the organized police department of any	652
municipal corporation, including a member of the organized police	653
department of a municipal corporation in an adjoining state	654
serving in Ohio under a contract pursuant to section 737.04 of the	655
Revised Code; member of a police force employed by a metropolitan	656
housing authority under division (D) of section 3735.31 of the	657
Revised Code; member of a police force employed by a regional	658
transit authority under division (Y) of section 306.05 of the	659
Revised Code; state university law enforcement officer appointed	660
under section 3345.04 of the Revised Code; enforcement agent of	661
the department of public safety designated under section 5502.14	662
of the Revised Code; employee of the department of natural	663
resources who is a natural resources law enforcement staff officer	664
designated pursuant to section 1501.013 of the Revised Code, a	665
forest officer designated pursuant to section 1503.29 of the	666
Revised Code, a preserve officer designated pursuant to section	667
1517.10 of the Revised Code, a wildlife officer designated	668
pursuant to section 1531.13 of the Revised Code, a park officer	669
designated pursuant to section 1541.10 of the Revised Code, or a	670
state watercraft officer designated pursuant to section 1547.521	671
of the Revised Code; individual designated to perform law	672
enforcement duties under section 511.232, 1545.13, or 6101.75 of	673
the Revised Code; Ohio veterans' home police officer appointed	674
under section 5907.02 of the Revised Code; special police officer	675
employed by a port authority under section 4582.04 or 4582.28 of	676
the Revised Code; police constable of any township; police	677
officer of a township or joint township police district; the house	678
sergeant at arms if the house sergeant at arms has arrest	679
authority pursuant to division (E)(1) of section 101.311 of the	680
Revised Code; and an assistant house sergeant at arms; officer or	681
employee of the bureau of criminal identification and	682
investigation established pursuant to section 109.51 of the	683
Revised Code who has been awarded a certificate by the executive	684
director of the Ohio peace officer training commission attesting	685
to the officer's or employee's satisfactory completion of an	686
approved state, county, municipal, or department of natural	687
resources peace officer basic training program and who is	688
providing assistance upon request to a law enforcement officer or	689
emergency assistance to a peace officer pursuant to section 109.54	690
or 109.541 of the Revised Code; and, for the purpose of arrests	691
within those areas, and for the purposes of Chapter 5503. of the	692
Revised Code, and the filing of and service of process relating to	693
those offenses witnessed or investigated by them, includes the	694
superintendent and troopers of the state highway patrol.	695

(C) "Prosecutor" includes the county prosecuting attorney	696
and any assistant prosecutor designated to assist the county	697
prosecuting attorney, and, in the case of courts inferior to	698
courts of common pleas, includes the village solicitor, city	699
director of law, or similar chief legal officer of a municipal	700
corporation, any such officer's assistants, or any attorney	701
designated by the prosecuting attorney of the county to appear for	702
the prosecution of a given case.	703

(D) "Offense," except where the context specifically	704
indicates otherwise, includes felonies, misdemeanors, and	705
violations of ordinances of municipal corporations and other	706
public bodies authorized by law to adopt penal regulations.	707

Sec. 2935.011. If an officer or employee of the bureau of	708
criminal identification and investigation is included as a "peace	709
officer" under division (B) of section 2935.01 of the Revised	710
Code, both of the following apply:	711

(A) Division (D)(2) of section 109.541 applies to the	712
officer or employee while so included.	713

(B) The officer or employee is not, as a result of the	714
inclusion, a member of a police department for purposes of Chapter	715
742. of the Revised Code or a law enforcement officer or peace	716
officer for purposes of any state or local retirement system.	717

Section 2. That existing sections 109.573, 2152.74, 2743.191,	718
2901.07, and 2935.01 of the Revised Code are hereby repealed.	719

Section 3.  Section 109.573 of the Revised Code is presented	720
in this act as a composite of the section as amended by both Am.	721
Sub. S.B. 179 and Am. Sub. S.B. 180 of the 123rd General Assembly.	722
The General Assembly, applying the principle stated in division	723
(B) of section 1.52 of the Revised Code that amendments are to be	724
harmonized if reasonably capable of simultaneous operation, finds	725
that the composite is the resulting version of the section in	726
effect prior to the effective date of the section as presented in	727
this act.	728