Sub. H. B. No. 427 As Reported by the House Criminal Justice Committee

REPRESENTATIVES Womer Benjamin, Latta, Seitz, Willamowski, Jerse

A BILL

To amend sections 109.573, 2152.74, 2743.191, and

2901.07 of the Revised Code to expand the offenses

for which DNA specimens are collected from

delinquent children and criminal offenders, to

delay the implementation of the expansion of DNA

specimen collection until the Superintendent of the

Bureau of Criminal Identification and Investigation

gives official notification that the state DNA

laboratory is prepared to accept DNA specimens of

that nature, to pay the costs of DNA specimen

collection from the Reparations Fund, to remove the

requirement that DNA specimens be collected by

specified medical practitioners in certain cases,

and to expand the circumstances in which a person

returning to incarceration must submit to a DNA

specimen collection procedure to include

misdemeanants covered by the DNA Specimen

Collection Law who are on probation.

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:

(1) "DNA" means human deoxyribonucleic acid.

(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;

(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 violation of any law that arose out of the same facts	281
and circumstances and same act as did a charge against the child	282
of a violation of section 2903.01, 2903.02, 2903.11, 2905.01,	283
2907.02, 2907.03, 2907.05, or2911.01, 2911.02, 2911.11, or	284
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 violation of any law that arose out of the same facts	316
and circumstances and same act as did a charge against the child	317
of a violation of section 2903.11, 2911.01, 2911.02, or 2911.12 of	318
the Revised Code that previously was dismissed or amended;	319

(4) A violation of section 2923.01 of the Revised Code	320
involving a conspiracy to commit a violation of section 2903.01,	321
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the	322
Revised Code;	323

(5) A violation of section 2923.03 of the Revised Code	324
involving complicity in committing a violation of section 2903.01,	325
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,	326
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a	327
violation of section 2907.12 of the Revised Code as it existed	328
prior to September 3, 1996.	329

Sec. 2743.191. (A)(1) There is hereby created in the state	330
treasury the reparations fund, which shall be used only for the	331
following purposes:	332

(a) The payment of awards of reparations that are granted by	333
the attorney general~~, the~~;	334

(b) The compensation of any personnel needed by the attorney	335
general to administer sections 2743.51 to 2743.72 of the Revised	336
Code~~, the~~;	337

(c) The compensation of witnesses as provided in division (B)	338
of section 2743.65 of the Revised Code~~, other~~;	339

(d) Other administrative costs of hearing and determining	340
claims for an award of reparations by the attorney general~~, the~~;	341

(e) The costs of administering sections 2907.28 and 2969.01	342
to 2969.06 of the Revised Code~~, the~~;	343

(f) The costs of investigation and decision-making as	344
certified by the attorney general~~, the~~;	345

(g) The provision of state financial assistance to victim	346
assistance programs in accordance with sections 109.91 and 109.92	347
of the Revised Code~~, the~~;	348

(h) The costs of paying the expenses of sex offense-related	349
examinations and antibiotics pursuant to section 2907.28 of the	350
Revised Code~~, the~~;	351

(i) The cost of printing and distributing the pamphlet	352
prepared by the attorney general pursuant to section 109.42 of the	353
Revised Code~~, and, subject~~;	354

(j) Subject to division (D) of section 2743.71 of the Revised	355
Code, the costs associated with the printing and providing of	356
information cards or other printed materials to law enforcement	357
agencies and prosecuting authorities and with publicizing the	358
availability of awards of reparations pursuant to section 2743.71	359
of the Revised Code;	360

(k) The payment of costs of administering a DNA specimen	361
collection procedure pursuant to sections 2151.315, 2152.74, and	362
2901.07 of the Revised Code, of performing DNA analysis of those	363
DNA specimens, and of entering the resulting DNA records into the	364
DNA database pursuant to section 109.573 of the Revised Code. ~~All~~	365

(2) All costs paid pursuant to section 2743.70 of the Revised	366
Code, the portions of license reinstatement fees mandated by	367
division (L)(2)(b) of section 4511.191 of the Revised Code to be	368
credited to the fund, the portions of the proceeds of the sale of	369
a forfeited vehicle specified in division (D)(2) of section	370
4503.234 of the Revised Code, payments collected by the department	371
of rehabilitation and correction from prisoners who voluntarily	372
participate in an approved work and training program pursuant to	373
division (C)(8)(b)(ii) of section 5145.16 of the Revised Code, and	374
all moneys collected by the state pursuant to its right of	375
subrogation provided in section 2743.72 of the Revised Code shall	376
be deposited in the fund.	377

(B) In making an award of reparations, the attorney general	378
shall render the award against the state. The award shall be	379
accomplished only through the following procedure, and the	380
following procedure may be enforced by writ of mandamus directed	381
to the appropriate official:	382

(1) The attorney general shall provide for payment of the	383
claimant or providers in the amount of the award.	384

(2) The expense shall be charged against all available	385
unencumbered moneys in the fund.	386

(3) If sufficient unencumbered moneys do not exist in the	387
fund, the attorney general shall make application for payment of	388
the award out of the emergency purposes account or any other	389
appropriation for emergencies or contingencies, and payment out of	390
this account or other appropriation shall be authorized if there	391
are sufficient moneys greater than the sum total of then pending	392
emergency purposes account requests or requests for releases from	393
the other appropriations.	394

(4) If sufficient moneys do not exist in the account or any	395
other appropriation for emergencies or contingencies to pay the	396
award, the attorney general shall request the general assembly to	397
make an appropriation sufficient to pay the award, and no payment	398
shall be made until the appropriation has been made. The attorney	399
general shall make this appropriation request during the current	400
biennium and during each succeeding biennium until a sufficient	401
appropriation is made. If, prior to the time that an	402
appropriation is made by the general assembly pursuant to this	403
division, the fund has sufficient unencumbered funds to pay the	404
award or part of the award, the available funds shall be used to	405
pay the award or part of the award, and the appropriation request	406
shall be amended to request only sufficient funds to pay that part	407
of the award that is unpaid.	408

(C) The attorney general shall not make payment on a	409
decision or order granting an award until all appeals have been	410
determined and all rights to appeal exhausted, except as otherwise	411
provided in this section. If any party to a claim for an award of	412
reparations appeals from only a portion of an award, and a	413
remaining portion provides for the payment of money by the state,	414
that part of the award calling for the payment of money by the	415
state and not a subject of the appeal shall be processed for	416
payment as described in this section.	417

(D) The attorney general shall prepare itemized bills for	418
the costs of printing and distributing the pamphlet the attorney	419
general prepares pursuant to section 109.42 of the Revised Code.	420
The itemized bills shall set forth the name and address of the	421
persons owed the amounts set forth in them.	422

(E) As used in this section, "DNA analysis" and "DNA	423
specimen" have the same meanings as in section 109.573 of the	424
Revised Code.	425

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

426

(1) "DNA analysis" and "DNA specimen" have the same meanings	427
as in section 109.573 of the Revised Code.	428

(2) "Jail" and "community-based correctional facility" have	429
the same meanings as in section 2929.01 of the Revised Code.	430

(3) "Post-release control" has the same meaning as in section	431
2967.01 of the Revised Code.	432

(B)(1) A person who is convicted of or pleads guilty to a	433
felony offense listed in division (D) of this section and who is	434
sentenced to a prison term or to a community residential sanction	435
in a jail or community-based correctional facility pursuant to	436
section 2929.16 of the Revised Code, and a person who is convicted	437
of or pleads guilty to a misdemeanor offense listed in division	438
(D) of this section and who is sentenced to a term of imprisonment	439
shall submit to a DNA specimen collection procedure administered	440
by the director of rehabilitation and correction or the chief	441
administrative officer of the jail or other detention facility in	442
which the person is serving the term of imprisonment. If the	443
person serves the prison term in a state correctional institution,	444
the director of rehabilitation and correction shall cause the DNA	445
specimen to be collected from the person during the intake process	446
at the reception facility designated by the director. If the	447
person serves the community residential sanction or term of	448
imprisonment in a jail, a community-based correctional facility,	449
or another county, multicounty, municipal, municipal-county, or	450
multicounty-municipal detention facility, the chief administrative	451
officer of the jail, community-based correctional facility, or	452
detention facility shall cause the DNA specimen to be collected	453
from the person during the intake process at the jail,	454
community-based correctional facility, or detention facility. In	455
accordance with division (C) of this section, the director or the	456
chief administrative officer shall cause the DNA specimen to be	457
forwarded to the bureau of criminal identification and	458
investigation no later than fifteen days after the date of the	459
collection of the DNA specimen. The DNA specimen shall be	460
collected in accordance with division (C) of this section.	461

(2) If a person is convicted of or pleads guilty to an	462
offense listed in division (D) of this section, is serving a	463
prison term, community residential sanction, or term of	464
imprisonment for that offense, and does not provide a DNA specimen	465
pursuant to division (B)(1) of this section, prior to the person's	466
release from the prison term, community residential sanction, or	467
imprisonment, the person shall submit to, and the director of	468
rehabilitation and correction or the chief administrative officer	469
of the jail, community-based correctional facility, or detention	470
facility in which the person is serving the prison term, community	471
residential sanction, or term of imprisonment shall administer, a	472
DNA specimen collection procedure at the state correctional	473
institution, jail, community-based correctional facility, or	474
detention facility in which the person is serving the prison term,	475
community residential sanction, or term of imprisonment. In	476
accordance with division (C) of this section, the director or the	477
chief administrative officer shall cause the DNA specimen to be	478
forwarded to the bureau of criminal identification and	479
investigation no later than fifteen days after the date of the	480
collection of the DNA specimen. The DNA specimen shall be	481
collected in accordance with division (C) of this section.	482

(3) If a person serving a term of imprisonment, prison term,	483
or community residential sanction for ~~a felony~~committing an	484
offense listed in division (D) of this section is on probation, is	485
released on parole, under transitional control, or on another type	486
of release, or is on post-release control, if the person is under	487
the supervision of a probation department or the adult parole	488
authority, if the person is sent to jail or is returned to a jail,	489
community-based correctional facility, or state correctional	490
institution for a violation of the terms and conditions of the	491
probation, parole, transitional control, other release, or	492
post-release control, if the person was or will be serving a term	493
of imprisonment, prison term, or community residential sanction	494
for committing an offense listed in division (D) of this section,	495
and if the person did not provide a DNA specimen pursuant to	496
division (B)(1) or (2) of this section, the person shall submit	497
to, and the director of rehabilitation and correction or the chief	498
administrative officer of the jail or community-based correctional	499
facility shall administer, a DNA specimen collection procedure at	500
the jail, community-based correctional facility, or state	501
correctional institution in which the person is serving the term	502
of imprisonment, prison term, or community residential sanction.	503
In accordance with division (C) of this section, the director or	504
the chief administrative officer shall cause the DNA specimen to	505
be forwarded to the bureau of criminal identification and	506
investigation no later than fifteen days after the date of the	507
collection of the DNA specimen. The DNA specimen shall be	508
collected from the person in accordance with division (C) of this	509
section.	510

(C) AIf the DNA specimen is collected by withdrawing blood	511
from the person or a similarly invasive procedure, a physician,	512
registered nurse, licensed practical nurse, duly licensed clinical	513
laboratory technician, or other qualified medical practitioner	514
shall collect in a medically approved manner the DNA specimen	515
required to be collected pursuant to division (B) of this section.	516
If the DNA specimen is collected by swabbing for buccal cells or a	517
similarly noninvasive procedure, this section does not require	518
that the DNA specimen be collected by a qualified medical	519
practitioner of that nature. No later than fifteen days after the	520
date of the collection of the DNA specimen, the director of	521
rehabilitation and correction or the chief administrative officer	522
of the jail, community-based correctional facility, or other	523
county, multicounty, municipal, municipal-county, or	524
multicounty-municipal detention facility, in which the person is	525
serving the prison term, community residential sanction, or term	526
of imprisonment shall cause the DNA specimen to be forwarded to	527
the bureau of criminal identification and investigation in	528
accordance with procedures established by the superintendent of	529
the bureau under division (H) of section 109.573 of the Revised	530
Code. The bureau shall provide the specimen vials, mailing tubes,	531
labels, postage, and instructions needed for the collection and	532
forwarding of the DNA specimen to the bureau.	533

(D) The director of rehabilitation and correction and the	534
chief administrative officer of the jail, community-based	535
correctional facility, or other county, multicounty, municipal,	536
municipal-county, or multicounty-municipal detention facility	537
shall cause a DNA specimen to be collected in accordance with	538
divisions (B) and (C) of this section from a person in its custody	539
who is convicted of or pleads guilty to any of the following	540
offenses:	541

(1) A violation of section 2903.01, 2903.02, 2903.11,	542
2905.01, 2907.02, 2907.03, 2907.04, 2907.05, or2911.01, 2911.02,	543
2911.11, or 2911.12 of the Revised Code;	544

(2) A violation of section 2907.12 of the Revised Code as it	545
existed prior to September 3, 1996;	546

(3) An attempt to commit a violation of section 2903.01,	547
2903.02, 2907.02, 2907.03, 2907.04, or 2907.05 of the Revised Code	548
or to commit a violation of section 2907.12 of the Revised Code as	549
it existed prior to September 3, 1996;	550

(4) A violation of any law that arose out of the same facts	551
and circumstances and same act as did a charge against the person	552
of a violation of section 2903.01, 2903.02, 2903.11, 2905.01,	553
2907.02, 2907.03, 2907.04, 2907.05, or2911.01, 2911.02, 2911.11,	554
or 2911.12 of the Revised Code that previously was dismissed or	555
amended or as did a charge against the person of a violation of	556
section 2907.12 of the Revised Code as it existed prior to	557
September 3, 1996, that previously was dismissed or amended;	558

(5) A violation of section 2905.02 or 2919.23 of the Revised	559
Code that would have been a violation of section 2905.04 of the	560
Revised Code as it existed prior to July 1, 1996, had it been	561
committed prior to that date;	562

(6) A sexually oriented offense, as defined in section	563
2950.01 of the Revised Code, if, in relation to that offense, the	564
offender has been adjudicated as being a sexual predator, as	565
defined in section 2950.01 of the Revised Code;	566

(7) A conspiracy to commit a violation of section 2903.01,	567
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the	568
Revised Code;	569

(8) Complicity in committing a violation of section 2903.01,	570
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,	571
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a	572
violation of section 2907.12 of the Revised Code as it existed	573
prior to September 3, 1996.	574

(E) The director of rehabilitation and correction or a chief	575
administrative officer of a jail, community-based correctional	576
facility, or other detention facility described in division (B) of	577
this section in relation to the following offenses is not required	578
to comply with this section until the superintendent of the bureau	579
of criminal identification and investigation gives agencies in the	580
criminal justice system, as defined in section 181.51 of the	581
Revised Code, in the state official notification that the state	582
DNA laboratory is prepared to accept DNA specimens of that nature:	583

(1) A violation of section 2903.11, 2911.01, 2911.02, or	584
2911.12 of the Revised Code;	585

(2) An attempt to commit a violation of section 2903.01 or	586
2903.02 of the Revised Code;	587

(3) A violation of any law that arose out of the same facts	588
and circumstances and same act as did a charge against the person	589
of a violation of section 2903.11, 2911.01, 2911.02, or 2911.12	590
of the Revised Code that previously was dismissed or amended;	591

(4) A conspiracy to commit a violation of section 2903.01,	592
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the	593
Revised Code;	594

(5) Complicity in committing a violation of section 2903.01,	595
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,	596
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a	597
violation of section 2907.12 of the Revised Code as it existed	598
prior to September 3, 1996.	599

Section 2. That existing sections 109.573, 2152.74, 2743.191,	600
and 2901.07 of the Revised Code are hereby repealed.	601

Section 3. Section 109.573 of the Revised Code is presented	602
in this act as a composite of the section as amended by both Am.	603
Sub. S.B. 179 and Am. Sub. S.B. 180 of the 123rd General Assembly.	604
The General Assembly, applying the principle stated in division	605
(B) of section 1.52 of the Revised Code that amendments are to be	606
harmonized if reasonably capable of simultaneous operation, finds	607
that the composite is the resulting version of the section in	608
effect prior to the effective date of the section as presented in	609
this act.	610