| (B)(1) A child who is adjudicated a delinquent child for | 10 |
|
committing an act
listed in division (D) of this section and who | 11 |
|
is committed to the custody of
the department of youth services, | 12 |
|
placed in a detention facility or district detention facility | 13 |
|
pursuant to division (A)(3) of section 2152.19 of the Revised | 14 |
|
Code, or
placed in a school, camp, institution,
or other
facility | 15 |
| for delinquent
children described in division
(A)(2) of
section | 16 |
| 2152.19 of the
Revised Code
shall submit to a DNA
specimen | 17 |
| collection procedure
administered by the director of
youth | 18 |
| services
if committed to the
department or by the chief | 19 |
|
administrative
officer of the
detention facility, district | 20 |
|
detention facility, school,
camp, institution, or other facility | 21 |
|
for
delinquent children to
which the child was committed
or in | 22 |
|
which the child was placed. If the
court commits the child to
the | 23 |
|
department of youth services, the
director of youth services
shall | 24 |
|
cause the DNA specimen to be
collected from the child during
the | 25 |
|
intake process at an institution
operated by or under the
control | 26 |
|
of the department. If the
court commits the child to
or places
the | 27 |
| child in a
detention facility, district detention facility, | 28 |
|
school, camp, institution, or other
facility for delinquent | 29 |
|
children, the chief administrative
officer of the
detention | 30 |
|
facility, district detention facility, school, camp,
institution, | 31 |
|
or facility to which
the child is committed
or in which the child | 32 |
|
is placed shall
cause the
DNA specimen to be collected
from the | 33 |
|
child during the
intake process for the
detention facility, | 34 |
|
district detention facility, school, camp,
institution, or | 35 |
|
facility. In
accordance with division (C) of this section,
the | 36 |
|
director or the
chief administrative officer
shall cause the
DNA | 37 |
|
specimen to be
forwarded to
the bureau of criminal identification | 38 |
|
and
investigation no later
than fifteen days after the date of the | 39 |
|
collection of the
DNA specimen. The DNA specimen shall be | 40 |
|
collected
from the child in accordance with division
(C) of this | 41 |
|
section. | 42 |
| (2) If a child is adjudicated a delinquent child for | 43 |
|
committing an act
listed in division (D) of this section, is | 44 |
|
committed to
or placed in the
department of youth
services, a | 45 |
|
detention facility or district detention facility, or
a school, | 46 |
|
camp, institution, or other facility for
delinquent children, and | 47 |
|
does not submit to a DNA
specimen collection
procedure pursuant to | 48 |
|
division (B)(1) of this section, prior to the child's
release from | 49 |
|
the custody of the department of
youth services, from the custody | 50 |
|
of the detention facility or district detention facility, or from | 51 |
|
the
custody of the school, camp,
institution, or facility, the | 52 |
|
child
shall submit to, and the
director of youth services or the | 53 |
|
chief
administrator of the
detention facility, district detention | 54 |
|
facility, school, camp, institution, or facility to
which the | 55 |
|
child is
committed
or in which the child was placed shall | 56 |
|
administer, a DNA specimen
collection
procedure at the institution | 57 |
|
operated by or under the
control of
the department of youth | 58 |
|
services or at the
detention facility, district detention | 59 |
|
facility, school,
camp, institution, or
facility to which the | 60 |
|
child is committed
or in which the child was placed.
In
accordance | 61 |
|
with
division (C) of this section, the director or
the
chief | 62 |
|
administrative officer shall cause the DNA
specimen to
be | 63 |
|
forwarded to the bureau of criminal identification and | 64 |
|
investigation no later than fifteen days after the date of the | 65 |
|
collection of
the DNA specimen. The DNA specimen shall be | 66 |
|
collected in
accordance with division (C) of this section. | 67 |
| (C)
If the DNA specimen is collected by withdrawing blood | 68 |
|
from the child or a similarly invasive procedure, a physician, | 69 |
|
registered nurse,
licensed practical nurse,
duly licensed clinical | 70 |
|
laboratory technician, or
other qualified
medical practitioner | 71 |
|
shall collect in a medically approved
manner
the DNA specimen | 72 |
|
required to be collected pursuant to division
(B)
of this section. | 73 |
|
If the DNA specimen is collected by swabbing for buccal cells or a | 74 |
|
similarly noninvasive procedure, this section does not require | 75 |
|
that the DNA specimen be collected by a qualified medical | 76 |
|
practitioner of that nature. No later than fifteen days after the | 77 |
|
date of
the
collection of the DNA specimen, the
director of youth | 78 |
|
services or
the chief
administrative officer of the
detention | 79 |
|
facility, district detention facility, school, camp,
institution, | 80 |
|
or
other facility for delinquent children to which
the child is | 81 |
|
committed
or in which the child was placed shall cause the DNA | 82 |
|
specimen to be
forwarded to the
bureau of criminal
identification | 83 |
|
and
investigation in accordance
with procedures established by the | 84 |
|
superintendent
of the bureau
under division (H) of section 109.573 | 85 |
|
of
the Revised Code. The
bureau shall provide the
specimen vials, | 86 |
|
mailing tubes, labels,
postage, and instruction
needed for the | 87 |
|
collection and
forwarding
of the DNA specimen to the bureau. | 88 |
| (D) The director of youth services and the chief | 89 |
|
administrative
officer of a
detention facility, district detention | 90 |
|
facility, school, camp, institution, or other
facility for | 91 |
|
delinquent
children shall cause a DNA specimen to be
collected in | 92 |
|
accordance
with divisions (B) and (C) of this section
from each | 93 |
|
child
in its custody who is adjudicated a delinquent
child for | 94 |
|
committing any
of the following
acts: | 95 |
(4) A
violation of any law that would be a misdemeanor if | 106 |
| committed by an adult and that arose out of the same
facts
and | 107 |
|
circumstances and
same act as did a charge against the
child
of a | 108 |
| violation
of section 2903.01, 2903.02,
2905.01,
2907.02,
2907.03, | 109 |
|
2907.05,
or
2911.11 of the Revised
Code
that previously
was | 110 |
| dismissed or
amended or as did a charge
against the
child of a | 111 |
|
violation of
section 2907.12 of the Revised
Code as it existed | 112 |
|
prior to
September 3, 1996, that previously was
dismissed or | 113 |
|
amended; | 114 |
(8)(4) A violation of section 2923.03 of the Revised Code | 129 |
involving complicity in committing a violation of section 2903.01, | 130 |
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05, | 131 |
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a | 132 |
violation of section 2907.12 of the Revised Code as it existed | 133 |
prior to September 3, 1996that would be a misdemeanor if | 134 |
| committed by an adult. | 135 |
| (E) The director of youth services and the chief | 136 |
|
administrative
officer of a
detention facility, district detention | 137 |
|
facility, school, camp, institution, or other
facility for | 138 |
delinquent
children isare not required to comply with
this | 139 |
| section
in
relation to the following acts until the
superintendent | 140 |
|
of the
bureau of criminal
identification and
investigation gives | 141 |
| agencies
in the
juvenile
justice system, as
defined in section | 142 |
| 181.51 of
the Revised Code,
in
the state
official notification | 143 |
| that the
state DNA laboratory
is prepared to
accept DNA
specimens | 144 |
|
of that
nature: | 145 |
| (5) A violation of section 2923.03 of the Revised Code | 159 |
|
involving complicity in committing a violation of section 2903.01, | 160 |
|
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05, | 161 |
|
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a | 162 |
|
violation of section 2907.12 of the Revised Code as it existed | 163 |
|
prior to September 3, 1996; | 164 |
| (k) The payment of costs of administering a DNA specimen | 198 |
|
collection procedure pursuant to section 2152.74 of the Revised | 199 |
|
Code in relation to any act identified in division (E)(1) to | 200 |
(5)(6)
of that section and
pursuant to section 2901.07 of the | 201 |
| Revised
Code in relation to any act identified in division (E)(1) | 202 |
to (5)(6)
of that section, of performing DNA analysis of those
DNA | 203 |
|
specimens, and of entering the resulting DNA records regarding | 204 |
|
those analyses into the
DNA database pursuant to section 109.573 | 205 |
|
of the Revised Code; | 206 |
| (2) All costs paid
pursuant to section 2743.70 of the Revised | 214 |
|
Code, the
portions of license reinstatement fees mandated by | 215 |
|
division
(F)(2)(b) of section 4511.191 of the Revised Code to be | 216 |
|
credited
to the fund, the portions of the proceeds of the sale of | 217 |
|
a
forfeited vehicle specified in division (C)(2) of section | 218 |
|
4503.234 of the Revised Code, payments
collected by the department | 219 |
|
of rehabilitation and correction from prisoners
who voluntarily | 220 |
|
participate in an approved work and training program pursuant
to | 221 |
|
division (C)(8)(b)(ii) of section 5145.16
of the Revised Code, and | 222 |
|
all moneys
collected by the
state pursuant to its right of | 223 |
|
subrogation provided in section
2743.72 of the Revised Code shall | 224 |
|
be deposited in the fund. | 225 |
| (3) If sufficient
unencumbered moneys do not exist in the | 236 |
|
fund, the attorney
general shall make
application for payment of | 237 |
|
the award out of the emergency
purposes account or any other | 238 |
|
appropriation for emergencies or
contingencies, and payment out of | 239 |
|
this account or other
appropriation shall be authorized if there | 240 |
|
are sufficient moneys
greater than the sum total of then pending | 241 |
|
emergency purposes
account requests or requests for releases from | 242 |
|
the other
appropriations. | 243 |
| (4) If sufficient moneys do not exist in the account or
any | 244 |
|
other appropriation for emergencies or contingencies to pay
the | 245 |
|
award, the attorney general shall request the
general assembly to | 246 |
|
make an appropriation sufficient to pay the award, and no payment | 247 |
|
shall be made until the appropriation has been made. The
attorney | 248 |
|
general shall make this appropriation request
during the current | 249 |
|
biennium and during each succeeding biennium until a sufficient | 250 |
|
appropriation is made. If, prior to the time that an
appropriation | 251 |
| is made by the general assembly pursuant to this
division, the | 252 |
| fund has sufficient unencumbered funds to pay the
award or part of | 253 |
| the award, the available funds shall be used to
pay the award or | 254 |
| part of the award, and the appropriation request
shall be amended | 255 |
| to request only sufficient funds to pay that
part
of the award | 256 |
| that is unpaid. | 257 |
| (C) The attorney general shall not make payment on a
decision | 258 |
|
or order granting an award until all appeals
have been
determined | 259 |
| and all rights to appeal exhausted, except
as otherwise
provided | 260 |
| in this section. If any party to a claim
for an award of | 261 |
|
reparations appeals from only a portion of an
award, and a | 262 |
|
remaining portion provides for the payment of money
by the state, | 263 |
|
that part of the award calling for the payment of money by the | 264 |
|
state and not a subject of the appeal shall be processed for | 265 |
|
payment as described in this section. | 266 |
| (B)(1) A person who is convicted of or pleads
guilty to a | 282 |
felony offense listed in division
(D) of this section and who is | 283 |
|
sentenced to a prison term or to a community residential sanction | 284 |
|
in a jail
or community-based correctional facility pursuant to | 285 |
|
section 2929.16 of the
Revised Code, and
a person who is convicted | 286 |
|
of or pleads guilty to a misdemeanor offense listed
in division | 287 |
|
(D) of this section and who is sentenced to a term of
imprisonment | 288 |
|
shall submit to a
DNA specimen collection
procedure administered | 289 |
|
by the director of rehabilitation and
correction or the chief | 290 |
|
administrative officer of the jail or other
detention facility in | 291 |
|
which the person is serving the
term of imprisonment. If the | 292 |
|
person serves the prison
term in a state correctional institution, | 293 |
|
the
director of rehabilitation and correction shall cause the
DNA | 294 |
|
specimen to be collected from the person during the intake
process | 295 |
|
at the reception
facility designated by the director. If the | 296 |
|
person serves the
community residential sanction or term of | 297 |
|
imprisonment in a jail, a
community-based correctional facility, | 298 |
|
or another county, multicounty,
municipal,
municipal-county, or | 299 |
|
multicounty-municipal detention facility, the chief
administrative | 300 |
|
officer of the jail,
community-based correctional facility, or | 301 |
|
detention
facility shall cause the
DNA specimen to be collected | 302 |
|
from the person during the intake
process at the jail, | 303 |
|
community-based correctional facility, or
detention facility. In | 304 |
|
accordance with
division (C) of this section, the director or
the | 305 |
|
chief administrative officer shall cause the
DNA specimen to be | 306 |
|
forwarded to the bureau of criminal identification
and | 307 |
|
investigation no later than fifteen days after the date of the | 308 |
|
collection
of the DNA specimen. The DNA specimen shall be | 309 |
|
collected in
accordance with division (C) of this section. | 310 |
| (2) If a person is convicted of or pleads guilty to
an | 311 |
|
offense listed in division (D) of this section, is
serving
a | 312 |
|
prison term, community residential sanction, or term of | 313 |
|
imprisonment
for that offense, and does not provide a DNA
specimen | 314 |
|
pursuant to division (B)(1) of this section, prior to the person's | 315 |
|
release from the prison term, community residential sanction, or | 316 |
|
imprisonment, the
person shall submit to, and the director of | 317 |
|
rehabilitation and
correction or the chief administrative officer | 318 |
|
of the jail, community-based
correctional facility, or detention | 319 |
|
facility in which the person is serving
the
prison term, community | 320 |
|
residential sanction, or term of imprisonment
shall administer, a | 321 |
|
DNA specimen collection
procedure at the state correctional | 322 |
|
institution, jail, community-based
correctional facility, or | 323 |
|
detention facility in which the person is serving
the prison term, | 324 |
|
community
residential sanction, or term of imprisonment. In | 325 |
|
accordance with division
(C) of this section, the director or
the | 326 |
|
chief administrative officer shall cause the DNA specimen to be | 327 |
|
forwarded to the
bureau of criminal identification and | 328 |
|
investigation no later than fifteen days
after the date of the | 329 |
|
collection of the DNA specimen. The
DNA specimen shall be | 330 |
|
collected in accordance with division (C)
of this section. | 331 |
| (3) If a person
sentenced to a term of imprisonment or | 332 |
|
serving a
prison term
or community
residential sanction for
| 333 |
committing ana felony offense or for committing a misdemeanor | 334 |
|
offense listed in division (D) of this
section is on
probation, is | 335 |
|
released on parole,
under
transitional
control, or
on another type | 336 |
|
of release, or is on
post-release
control,
if the
person is
under | 337 |
|
the supervision of
a probation
department or
the
adult parole | 338 |
|
authority, if the person is
sent to
jail or is
returned to a jail, | 339 |
|
community-based
correctional
facility, or
state correctional | 340 |
|
institution for a violation
of
the
terms and
conditions of the | 341 |
|
probation,
parole,
transitional
control, other
release, or | 342 |
|
post-release
control, if the person was
or will be
serving
a
term | 343 |
|
of imprisonment, prison term, or
community
residential
sanction | 344 |
for
committing ana felony offense or for committing a misdemeanor | 345 |
| offense listed in
division
(D) of this section,
and if the person | 346 |
| did
not provide a
DNA
specimen
pursuant to
division (B)(1) or
(2) | 347 |
| of this section,
the
person shall submit
to, and the
director of | 348 |
| rehabilitation and
correction or the chief
administrative
officer | 349 |
| of the jail or
community-based correctional
facility shall | 350 |
|
administer, a DNA
specimen collection
procedure at
the jail, | 351 |
| community-based
correctional facility, or state
correctional | 352 |
| institution in which
the person is serving
the
term
of | 353 |
| imprisonment, prison term, or
community residential
sanction.
In | 354 |
| accordance with
division (C) of
this section,
the
director or
the | 355 |
| chief
administrative officer
shall cause the
DNA
specimen to
be | 356 |
| forwarded to
the bureau of
criminal identification
and | 357 |
|
investigation no later
than fifteen
days after the date of the | 358 |
|
collection of the
DNA specimen. The
DNA specimen shall be | 359 |
|
collected from the
person in accordance with
division
(C) of this | 360 |
|
section. | 361 |
| (C)
If the DNA specimen is collected by withdrawing blood | 362 |
|
from the person or a similarly invasive procedure, a physician, | 363 |
|
registered
nurse, licensed practical nurse,
duly licensed clinical | 364 |
|
laboratory technician,
or other qualified
medical practitioner | 365 |
|
shall collect in a medically approved
manner
the DNA specimen | 366 |
|
required to be collected pursuant to division
(B)
of this section. | 367 |
|
If the DNA specimen is collected by swabbing for buccal cells or a | 368 |
|
similarly noninvasive procedure, this section does not require | 369 |
|
that the DNA specimen be collected by a qualified medical | 370 |
|
practitioner of that nature. No later than fifteen days after the | 371 |
|
date of
the
collection of the DNA specimen, the director of | 372 |
|
rehabilitation
and
correction or the chief administrative officer | 373 |
|
of the jail,
community-based correctional facility, or other | 374 |
|
county,
multicounty,
municipal, municipal-county, or | 375 |
|
multicounty-municipal
detention facility,
in which the person is | 376 |
|
serving the prison
term,
community residential sanction, or term | 377 |
|
of imprisonment
shall cause the DNA specimen to be forwarded to | 378 |
|
the bureau of
criminal identification and investigation in | 379 |
|
accordance with
procedures
established by the superintendent
of | 380 |
|
the bureau under
division (H) of section 109.573 of the
Revised | 381 |
|
Code. The bureau
shall provide the
specimen vials, mailing tubes, | 382 |
|
labels, postage,
and instructions needed for
the collection and | 383 |
|
forwarding of the
DNA specimen to the bureau. | 384 |
| (D) The director of rehabilitation and correction and the | 385 |
|
chief
administrative officer of the jail, community-based | 386 |
|
correctional facility,
or other county, multicounty, municipal, | 387 |
|
municipal-county, or multicounty-municipal detention facility | 388 |
|
shall cause a
DNA specimen to be collected in
accordance
with | 389 |
|
divisions (B) and (C) of this section from a person in
its custody | 390 |
|
who is convicted of or pleads guilty to
any felony offense or to | 391 |
| any of the
following misdemeanor
offenses: | 392 |
(4)(3) A misdemeanor
violation of any law that arose out of | 402 |
| the same
facts
and
circumstances and
same act as did a charge | 403 |
| against the
person
of a violation of section
2903.01,
2903.02, | 404 |
|
2905.01,
2907.02,
2907.03, 2907.04, 2907.05,
or
2911.11 of the | 405 |
|
Revised Code
that
previously was
dismissed or
amended or as did a | 406 |
| charge against the
person of a
violation of
section 2907.12 of the | 407 |
| Revised Code
as it
existed
prior to
September 3,
1996, that | 408 |
| previously was dismissed
or
amended; | 409 |
(9)(6) Complicity in committing a misdemeanor violation of | 427 |
section 2903.01,
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, | 428 |
2907.04, 2907.05,
2911.01, 2911.02, 2911.11, or 2911.12 of the | 429 |
Revised Code or a
violation of section 2907.12 of the Revised Code | 430 |
as it existed
prior to September 3, 1996. | 431 |
| (E) The director of rehabilitation and correction or a chief | 432 |
|
administrative officer of a jail, community-based correctional | 433 |
|
facility, or
other detention facility described
in division (B) of | 434 |
|
this section
in relation to the following offenses
is not required | 435 |
|
to comply with this section until the
superintendent of the
bureau | 436 |
|
of criminal identification and
investigation gives agencies in the | 437 |
|
criminal justice system, as
defined in section 181.51 of the | 438 |
|
Revised Code, in
the state
official notification that the state | 439 |
|
DNA laboratory is
prepared to
accept DNA specimens
of that nature: | 440 |
| (5) Complicity in committing a violation of section 2903.01, | 453 |
|
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05, | 454 |
|
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a | 455 |
|
violation of section 2907.12 of the Revised Code as it existed | 456 |
|
prior to September 3, 1996; | 457 |