(9) "Administration of criminal justice" means the | 46 |
performance of detection, apprehension, detention, pretrial | 47 |
release, post-trial release, prosecution, adjudication, | 48 |
correctional supervision, or rehabilitation of accused persons or | 49 |
criminal offenders. "Administration of criminal justice" also | 50 |
includes criminal identification activities and the collection, | 51 |
storage, and dissemination of criminal history record information. | 52 |
(a) If a person has disappeared and has been
continuously | 83 |
absent from the person's place of last domicile for
a thirty-day | 84 |
or longer period of time without being heard from during the | 85 |
period, persons related by consanguinity of the first
degree to | 86 |
the missing person may submit to the
bureau a DNA specimen, the | 87 |
bureau may include the
DNA record of the specimen
in the relatives | 88 |
of missing persons database,
and, if the bureau does not include | 89 |
the DNA record of the
specimen in the relatives of missing persons | 90 |
database, the bureau shall retain
the DNA record for future | 91 |
reference and
inclusion as appropriate in that database. | 92 |
(c)
If the DNA specimen submitted pursuant to division | 95 |
(B)(3)(a) of this section is collected by withdrawing blood from | 96 |
the person or a similarly invasive procedure, a physician, | 97 |
registered nurse, licensed practical nurse,
duly licensed
clinical | 98 |
laboratory technician, or other qualified
medical practitioner | 99 |
shall
conduct the collection procedure for
the DNA specimen | 100 |
submitted
pursuant to division
(B)(3)(a) of this
section and shall | 101 |
collect the
DNA specimen in a medically
approved
manner.
If the | 102 |
DNA specimen is collected by swabbing for buccal cells or a | 103 |
similarly noninvasive procedure, division (B)(3)(c) of this | 104 |
section does not require that the DNA specimen be collected by a | 105 |
qualified medical practitioner of that nature. No later than | 106 |
fifteen days after the date of
the
collection of the DNA
specimen, | 107 |
the person conducting the
DNA
specimen collection
procedure shall | 108 |
cause the DNA
specimen to be
forwarded to the bureau of criminal | 109 |
identification and
investigation in accordance with procedures | 110 |
established by the
superintendent of the bureau under division
(H) | 111 |
of this section.
The bureau
may provide the specimen vials, | 112 |
mailing tubes, labels,
postage, and instruction needed for the | 113 |
collection and
forwarding
of the DNA specimen
to the bureau. | 114 |
(4) If the bureau of criminal identification and | 118 |
investigation establishes and maintains an unidentified person | 119 |
database and if the superintendent of the bureau
identifies a | 120 |
matching DNA record for the DNA record of a
person or deceased | 121 |
person whose
DNA record is contained in the
unidentified person | 122 |
database, the superintendent shall inform
the coroner who | 123 |
submitted or the law enforcement agency that submitted the
DNA | 124 |
specimen to the bureau of
the match and, if possible, of the | 125 |
identity of the unidentified person. | 126 |
(5) The bureau of criminal identification and investigation | 127 |
may enter into a contract with a qualified public or private | 128 |
laboratory to
perform DNA analyses, DNA specimen maintenance, | 129 |
preservation, and storage, DNA record keeping, and other duties | 130 |
required of the bureau under this section. A public or private | 131 |
laboratory
under contract with the bureau shall follow quality | 132 |
assurance and privacy
requirements established by the | 133 |
superintendent of the bureau. | 134 |
(D) When a DNA record is derived from a DNA
specimen
provided | 142 |
pursuant to section 2152.74 or 2901.07 of the Revised
Code,
the | 143 |
bureau of
criminal identification and investigation
shall attach | 144 |
to the DNA
record personal identification information
that | 145 |
identifies the person from
whom the DNA specimen was taken.
The | 146 |
personal identification
information may include the subject | 147 |
person's fingerprints and any other
information the bureau | 148 |
determines necessary. The DNA
record and personal identification | 149 |
information attached to it shall be used
only for the purpose of | 150 |
personal identification or for a purpose specified in
this | 151 |
section. | 152 |
(4) Promptly cause the fingerprints, the photographs, and the | 230 |
DNA specimen
to be forwarded to the bureau of criminal | 231 |
identification and
investigation for inclusion in the unidentified | 232 |
person database
in accordance with procedures established by the | 233 |
superintendent
of the bureau under division (H) of section 109.573 | 234 |
of the Revised
Code. The bureau shall provide
the fingerprint | 235 |
forms, specimen vials, mailing tubes, labels,
postage, and | 236 |
instruction needed for the collection and
forwarding to the bureau | 237 |
of the fingerprints and the
DNA specimen and for the forwarding to | 238 |
the bureau of the photographs. | 239 |
(B)(1) A child who is adjudicated a delinquent child for | 251 |
committing an act
listed in division (D) of this section and who | 252 |
is committed to the custody of
the department of youth services, | 253 |
placed in a detention facility or district detention facility | 254 |
pursuant to division (A)(3) of section 2152.19 of the Revised | 255 |
Code, or
placed in a school, camp, institution,
or other
facility | 256 |
for delinquent
children described in division
(A)(2) of
section | 257 |
2152.19 of the
Revised Code
shall submit to a DNA
specimen | 258 |
collection procedure
administered by the director of
youth | 259 |
services
if committed to the
department or by the chief | 260 |
administrative
officer of the
detention facility, district | 261 |
detention facility, school,
camp, institution, or other facility | 262 |
for
delinquent children to
which the child was committed
or in | 263 |
which the child was placed. If the
court commits the child to
the | 264 |
department of youth services, the
director of youth services
shall | 265 |
cause the DNA specimen to be
collected from the child during
the | 266 |
intake process at an institution
operated by or under the
control | 267 |
of the department. If the
court commits the child to
or places
the | 268 |
child in a
detention facility, district detention facility, | 269 |
school, camp, institution, or other
facility for delinquent | 270 |
children, the chief administrative
officer of the
detention | 271 |
facility, district detention facility, school, camp,
institution, | 272 |
or facility to which
the child is committed
or in which the child | 273 |
is placed shall
cause the
DNA specimen to be collected
from the | 274 |
child during the
intake process for the
detention facility, | 275 |
district detention facility, school, camp,
institution, or | 276 |
facility. In
accordance with division (C) of this section,
the | 277 |
director or the
chief administrative officer
shall cause the
DNA | 278 |
specimen to be
forwarded to
the bureau of criminal identification | 279 |
and
investigation no later
than fifteen days after the date of the | 280 |
collection of the
DNA specimen. The DNA specimen shall be | 281 |
collected
from the child in accordance with division
(C) of this | 282 |
section. | 283 |
(2) If a child is adjudicated a delinquent child for | 284 |
committing an act
listed in division (D) of this section, is | 285 |
committed to
or placed in the
department of youth
services, a | 286 |
detention facility or district detention facility, or
a school, | 287 |
camp, institution, or other facility for
delinquent children, and | 288 |
does not submit to a DNA
specimen collection
procedure pursuant to | 289 |
division (B)(1) of this section, prior to the child's
release from | 290 |
the custody of the department of
youth services, from the custody | 291 |
of the detention facility or district detention facility, or from | 292 |
the
custody of the school, camp,
institution, or facility, the | 293 |
child
shall submit to, and the
director of youth services or the | 294 |
chief
administrator of the
detention facility, district detention | 295 |
facility, school, camp, institution, or facility to
which the | 296 |
child is
committed
or in which the child was placed shall | 297 |
administer, a DNA specimen
collection
procedure at the institution | 298 |
operated by or under the
control of
the department of youth | 299 |
services or at the
detention facility, district detention | 300 |
facility, school,
camp, institution, or
facility to which the | 301 |
child is committed
or in which the child was placed.
In
accordance | 302 |
with
division (C) of this section, the director or
the
chief | 303 |
administrative officer shall cause the DNA
specimen to
be | 304 |
forwarded to the bureau of criminal identification and | 305 |
investigation no later than fifteen days after the date of the | 306 |
collection of
the DNA specimen. The DNA specimen shall be | 307 |
collected in
accordance with division (C) of this section. | 308 |
(C)
If the DNA specimen is collected by withdrawing blood | 309 |
from the child or a similarly invasive procedure, a physician, | 310 |
registered nurse,
licensed practical nurse,
duly licensed clinical | 311 |
laboratory technician, or
other qualified
medical practitioner | 312 |
shall collect in a medically approved
manner
the DNA specimen | 313 |
required to be collected pursuant to division
(B)
of this section. | 314 |
If the DNA specimen is collected by swabbing for buccal cells or a | 315 |
similarly noninvasive procedure, this section does not require | 316 |
that the DNA specimen be collected by a qualified medical | 317 |
practitioner of that nature. No later than fifteen days after the | 318 |
date of
the
collection of the DNA specimen, the
director of youth | 319 |
services or
the chief
administrative officer of the
detention | 320 |
facility, district detention facility, school, camp,
institution, | 321 |
or
other facility for delinquent children to which
the child is | 322 |
committed
or in which the child was placed shall cause the DNA | 323 |
specimen to be
forwarded to the
bureau of criminal
identification | 324 |
and
investigation in accordance
with procedures established by the | 325 |
superintendent
of the bureau
under division (H) of section 109.573 | 326 |
of
the Revised Code. The
bureau shall provide the
specimen vials, | 327 |
mailing tubes, labels,
postage, and instruction
needed for the | 328 |
collection and
forwarding
of the DNA specimen to the bureau. | 329 |
(D) The director of youth services and the chief | 330 |
administrative
officer of a
detention facility, district detention | 331 |
facility, school, camp, institution, or other
facility for | 332 |
delinquent
children shall cause a DNA specimen to be
collected in | 333 |
accordance
with divisions (B) and (C) of this section
from each | 334 |
child
in its custody who is adjudicated a delinquent
child for | 335 |
committing any
of the following
acts: | 336 |
(4) A
violation of any law that would be a misdemeanor if | 347 |
committed by an adult and that arose out of the same
facts
and | 348 |
circumstances and
same act as did a charge against the
child
of a | 349 |
violation
of section 2903.01, 2903.02,
2905.01,
2907.02,
2907.03, | 350 |
2907.05,
or
2911.11 of the Revised
Code
that previously
was | 351 |
dismissed or
amended or as did a charge
against the
child of a | 352 |
violation of
section 2907.12 of the Revised
Code as it existed | 353 |
prior to
September 3, 1996, that previously was
dismissed or | 354 |
amended; | 355 |
(8)(4) A violation of section 2923.03 of the Revised Code | 370 |
involving complicity in committing a violation of section 2903.01, | 371 |
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05, | 372 |
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a | 373 |
violation of section 2907.12 of the Revised Code as it existed | 374 |
prior to September 3, 1996that would be a misdemeanor if | 375 |
committed by an adult. | 376 |
(E) The director of youth services and the chief | 377 |
administrative
officer of a
detention facility, district detention | 378 |
facility, school, camp, institution, or other
facility for | 379 |
delinquent
children is not required to comply with
this section
in | 380 |
relation to the following acts until the
superintendent
of the | 381 |
bureau of criminal
identification and
investigation gives agencies | 382 |
in the
juvenile
justice system, as
defined in section 181.51 of | 383 |
the Revised Code,
in
the state
official notification that the | 384 |
state DNA laboratory
is prepared to
accept DNA
specimens
of that | 385 |
nature: | 386 |
(5) A violation of section 2923.03 of the Revised Code | 400 |
involving complicity in committing a violation of section 2903.01, | 401 |
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05, | 402 |
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a | 403 |
violation of section 2907.12 of the Revised Code as it existed | 404 |
prior to September 3, 1996. | 405 |
(k) The payment of costs of administering a DNA specimen | 437 |
collection procedure pursuant to sectionsections 2152.74 of the | 438 |
Revised
Code in relation to any act identified in division (E)(1) | 439 |
to (5)
of that section and
pursuant to section 2901.07 of the | 440 |
Revised
Code in relation to any act identified in division (E)(1) | 441 |
to (5)
of that section, of performing DNA analysis of those
DNA | 442 |
specimens, and of entering the resulting DNA records regarding | 443 |
those analyses into the
DNA database pursuant to section 109.573 | 444 |
of the Revised Code; | 445 |
(2) All costs paid
pursuant to section 2743.70 of the Revised | 453 |
Code, the
portions of license reinstatement fees mandated by | 454 |
division
(F)(2)(b) of section 4511.191 of the Revised Code to be | 455 |
credited
to the fund, the portions of the proceeds of the sale of | 456 |
a
forfeited vehicle specified in division (C)(2) of section | 457 |
4503.234 of the Revised Code, payments
collected by the department | 458 |
of rehabilitation and correction from prisoners
who voluntarily | 459 |
participate in an approved work and training program pursuant
to | 460 |
division (C)(8)(b)(ii) of section 5145.16
of the Revised Code, and | 461 |
all moneys
collected by the
state pursuant to its right of | 462 |
subrogation provided in section
2743.72 of the Revised Code shall | 463 |
be deposited in the fund. | 464 |
(3) If sufficient
unencumbered moneys do not exist in the | 475 |
fund, the attorney
general shall make
application for payment of | 476 |
the award out of the emergency
purposes account or any other | 477 |
appropriation for emergencies or
contingencies, and payment out of | 478 |
this account or other
appropriation shall be authorized if there | 479 |
are sufficient moneys
greater than the sum total of then pending | 480 |
emergency purposes
account requests or requests for releases from | 481 |
the other
appropriations. | 482 |
(4) If sufficient moneys do not exist in the account or
any | 483 |
other appropriation for emergencies or contingencies to pay
the | 484 |
award, the attorney general shall request the
general assembly to | 485 |
make an appropriation sufficient to pay the award, and no payment | 486 |
shall be made until the appropriation has been made. The
attorney | 487 |
general shall make this appropriation request
during the current | 488 |
biennium and during each succeeding biennium until a sufficient | 489 |
appropriation is made. If, prior to the time that an
appropriation | 490 |
is made by the general assembly pursuant to this
division, the | 491 |
fund has sufficient unencumbered funds to pay the
award or part of | 492 |
the award, the available funds shall be used to
pay the award or | 493 |
part of the award, and the appropriation request
shall be amended | 494 |
to request only sufficient funds to pay that
part
of the award | 495 |
that is unpaid. | 496 |
(C) The attorney general shall not make payment on a
decision | 497 |
or order granting an award until all appeals
have been
determined | 498 |
and all rights to appeal exhausted, except
as otherwise
provided | 499 |
in this section. If any party to a claim
for an award of | 500 |
reparations appeals from only a portion of an
award, and a | 501 |
remaining portion provides for the payment of money
by the state, | 502 |
that part of the award calling for the payment of money by the | 503 |
state and not a subject of the appeal shall be processed for | 504 |
payment as described in this section. | 505 |
(B)(1) A person who is convicted of or pleads
guilty to a | 521 |
felony offense listed in division
(D) of this section and who is | 522 |
sentenced to a prison term or to a community residential sanction | 523 |
in a jail
or community-based correctional facility pursuant to | 524 |
section 2929.16 of the
Revised Code, and
a person who is convicted | 525 |
of or pleads guilty to a misdemeanor offense listed
in division | 526 |
(D) of this section and who is sentenced to a term of
imprisonment | 527 |
shall submit to a
DNA specimen collection
procedure administered | 528 |
by the director of rehabilitation and
correction or the chief | 529 |
administrative officer of the jail or other
detention facility in | 530 |
which the person is serving the
term of imprisonment. If the | 531 |
person serves the prison
term in a state correctional institution, | 532 |
the
director of rehabilitation and correction shall cause the
DNA | 533 |
specimen to be collected from the person during the intake
process | 534 |
at the reception
facility designated by the director. If the | 535 |
person serves the
community residential sanction or term of | 536 |
imprisonment in a jail, a
community-based correctional facility, | 537 |
or another county, multicounty,
municipal,
municipal-county, or | 538 |
multicounty-municipal detention facility, the chief
administrative | 539 |
officer of the jail,
community-based correctional facility, or | 540 |
detention
facility shall cause the
DNA specimen to be collected | 541 |
from the person during the intake
process at the jail, | 542 |
community-based correctional facility, or
detention facility. In | 543 |
accordance with
division (C) of this section, the director or
the | 544 |
chief administrative officer shall cause the
DNA specimen to be | 545 |
forwarded to the bureau of criminal identification
and | 546 |
investigation no later than fifteen days after the date of the | 547 |
collection
of the DNA specimen. The DNA specimen shall be | 548 |
collected in
accordance with division (C) of this section. | 549 |
(2) If a person is convicted of or pleads guilty to
ana | 550 |
felony offense or a misdemeanor
offense listed in division (D) of | 551 |
this section, is
serving
a
prison term, community residential | 552 |
sanction, or term of
imprisonment
for that offense, and does not | 553 |
provide a DNA
specimen
pursuant to division (B)(1) of this | 554 |
section, prior to the person's
release from the prison term, | 555 |
community residential sanction, or
imprisonment, the
person shall | 556 |
submit to, and the director of
rehabilitation and
correction or | 557 |
the chief administrative officer
of the jail, community-based | 558 |
correctional facility, or detention
facility in which the person | 559 |
is serving
the
prison term, community
residential sanction, or | 560 |
term of imprisonment
shall administer, a
DNA specimen collection | 561 |
procedure at the state correctional
institution, jail, | 562 |
community-based
correctional facility, or
detention facility in | 563 |
which the person is serving
the prison term,
community
residential | 564 |
sanction, or term of imprisonment. In
accordance with division
(C) | 565 |
of this section, the director or
the
chief administrative officer | 566 |
shall cause the DNA specimen to be
forwarded to the
bureau of | 567 |
criminal identification and
investigation no later than fifteen | 568 |
days
after the date of the
collection of the DNA specimen. The
DNA | 569 |
specimen shall be
collected in accordance with division (C)
of | 570 |
this section. | 571 |
(3)(a) If a person
sentenced to a term of imprisonment or | 572 |
serving a
prison term
or community
residential sanction for
| 573 |
committing anis convicted of or pleads guilty to a felony offense | 574 |
or a misdemeanor
offense listed in division (D) of this
section | 575 |
and the person is on
probation, is
released on parole,
under | 576 |
transitional
control, or
on another type
of release, or ison | 577 |
community control, on
post-release
control,
if the
person isor | 578 |
under any other type of supervised release
under
the supervision | 579 |
of
a probation
department or
the
adult parole
authority, ifthe | 580 |
person shall submit to a DNA specimen collection procedure | 581 |
administered by the chief administrative officer of the probation | 582 |
department or the adult parole authority. The DNA specimen shall | 583 |
be collected in accordance with division (C) of this section. | 584 |
(b) If the person is
sent to
jail or is
returned to a jail, | 585 |
community-based
correctional
facility, or
state correctional | 586 |
institution for a violation
of
the
terms and
conditions of the | 587 |
probation,
parole,
transitional
control, other
release, or | 588 |
post-release
control, if the person was
or will be
serving
a
term | 589 |
of imprisonment, prison term, or
community
residential
sanction | 590 |
for
committing ana felony offense or for committing a misdemeanor | 591 |
offense listed in
division
(D) of this section,
and if the person | 592 |
did
not provide a
DNA
specimen
pursuant to
division (B)(1) or,
(2) | 593 |
or (3)(a) of this section,
the
person shall submit
to, and the | 594 |
director of rehabilitation and
correction or the chief | 595 |
administrative
officer of the jail or
community-based correctional | 596 |
facility shall
administer, a DNA
specimen collection
procedure at | 597 |
the jail, community-based
correctional facility, or state | 598 |
correctional institution in which
the person is serving
the
term | 599 |
of imprisonment, prison term, or
community residential
sanction. | 600 |
In accordance with
division (C) of
this section,
the
director or | 601 |
the chief
administrative officer
shall cause the
DNA
specimen to | 602 |
be forwarded to
the bureau of
criminal identification
and | 603 |
investigation no later
than fifteen
days after the date of the | 604 |
collection of the
DNA specimen. The
DNA specimen shall be | 605 |
collected from the
person in accordance with
division
(C) of this | 606 |
section. | 607 |
(4) If a person is convicted of or pleads guilty to a felony | 608 |
offense or a misdemeanor offense listed in division (D) of this | 609 |
section, the person is not sentenced to a prison term, a community | 610 |
residential sanction in a jail or community-based correctional | 611 |
facility, a term of imprisonment, or any type of supervised | 612 |
release under the supervision of a probation department or the | 613 |
adult parole authority, and the person does not provide a DNA | 614 |
specimen pursuant to division (B)(1), (2), (3)(a), or (3)(b) of | 615 |
this section, the sentencing court shall order the person to | 616 |
report to the county probation department immediately after | 617 |
sentencing to submit to a DNA specimen collection procedure | 618 |
administered by the chief administrative officer of the county | 619 |
probation office. If the person is incarcerated at the time of | 620 |
sentencing, the person shall submit to a DNA specimen collection | 621 |
procedure administered by the director of rehabilitation and | 622 |
correction or the chief administrative officer of the jail or | 623 |
other detention facility in which the person is incarcerated. The | 624 |
DNA specimen shall be collected in accordance with division (C) of | 625 |
this section. | 626 |
(C)
If the DNA specimen is collected by withdrawing blood | 627 |
from the person or a similarly invasive procedure, a physician, | 628 |
registered
nurse, licensed practical nurse,
duly licensed clinical | 629 |
laboratory technician,
or other qualified
medical practitioner | 630 |
shall collect in a medically approved
manner
the DNA specimen | 631 |
required to be collected pursuant to division
(B)
of this section. | 632 |
If the DNA specimen is collected by swabbing for buccal cells or a | 633 |
similarly noninvasive procedure, this section does not require | 634 |
that the DNA specimen be collected by a qualified medical | 635 |
practitioner of that nature. No later than fifteen days after the | 636 |
date of
the
collection of the DNA specimen, the director of | 637 |
rehabilitation
and
correction or the chief administrative officer | 638 |
of the jail,
community-based correctional facility, or other | 639 |
county,
multicounty,
municipal, municipal-county, or | 640 |
multicounty-municipal
detention facility,
in which the person is | 641 |
serving the prison
term,
community residential sanction, or term | 642 |
of imprisonment
shall cause the DNA specimen to be forwarded to | 643 |
the bureau of
criminal identification and investigation in | 644 |
accordance with
procedures
established by the superintendent
of | 645 |
the bureau under
division (H) of section 109.573 of the
Revised | 646 |
Code. The bureau
shall provide the
specimen vials, mailing tubes, | 647 |
labels, postage,
and instructions needed for
the collection and | 648 |
forwarding of the
DNA specimen to the bureau. | 649 |
(D) The director of rehabilitation and correction and, the | 650 |
chief
administrative officer of the jail, community-based | 651 |
correctional facility,
or other county, multicounty, municipal, | 652 |
municipal-county, or multicounty-municipal detention facility, or | 653 |
the chief administrative officer of a county probation department | 654 |
or the adult parole authority
shall cause a
DNA specimen to be | 655 |
collected in
accordance
with
divisions (B) and (C) of this section | 656 |
from a person in
its custody or under its supervision
who is | 657 |
convicted of or pleads guilty to
any felony offense or to any of | 658 |
the
following misdemeanor
offenses: | 659 |
(1) A misdemeanor violation, an attempt to commit a | 660 |
misdemeanor violation, or complicity in committing a misdemeanor | 661 |
violation of section 2903.01, 2903.02,
2903.11,
2905.01,
2907.02, | 662 |
2907.03, 2907.04, 2907.05,
2911.01, 2911.02,
2911.11, or 2911.12 | 663 |
of the
Revised
Code; | 664 |
(4) A misdemeanor
violation of any law that arose out of the | 671 |
same
facts
and
circumstances and
same act as did a charge against | 672 |
the
person
of a violation of section
2903.01,
2903.02,
2905.01, | 673 |
2907.02,
2907.03, 2907.04, 2907.05,
or
2911.11 of the
Revised Code | 674 |
that
previously was
dismissed or
amended or as did a charge | 675 |
against the
person of a
violation of
section 2907.12 of the | 676 |
Revised Code
as it
existed
prior to
September 3,
1996, that | 677 |
previously was dismissed
or
amended; | 678 |
(6)(4) A sexually oriented offense or a child-victim oriented | 683 |
offense, both as defined in section
2950.01 of the
Revised Code, | 684 |
that is a misdemeanor, if, in relation to that offense, the | 685 |
offender
has been adjudicated a sexual predator or a, child-victim | 686 |
predator, bothhabitual sex offender, or habitual child-victim | 687 |
offender, all as
defined in
section 2950.01 of the Revised Code; | 688 |
(9) Complicity in committing a violation of section 2903.01, | 697 |
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05, | 698 |
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a | 699 |
violation of section 2907.12 of the Revised Code as it existed | 700 |
prior to September 3, 1996. | 701 |
(E) The director of rehabilitation and correction or a chief | 702 |
administrative officer of a jail, community-based correctional | 703 |
facility, or
other detention facility described
in division (B) of | 704 |
this section
in relation to the following offenses
is not required | 705 |
to comply with this section until the
superintendent of the
bureau | 706 |
of criminal identification and
investigation gives agencies in the | 707 |
criminal justice system, as
defined in section 181.51 of the | 708 |
Revised Code, in
the state
official notification that the state | 709 |
DNA laboratory is
prepared to
accept DNA specimens
of that nature: | 710 |
(5) Complicity in committing a violation of section 2903.01, | 723 |
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05, | 724 |
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a | 725 |
violation of section 2907.12 of the Revised Code as it existed | 726 |
prior to September 3, 1996. | 727 |
Sec. 2953.73. (A) An eligible inmate who wishes to
request | 728 |
DNA testing to be conducted under sections 2953.71 to
2953.81 of | 729 |
the Revised Code shall submit an application for
DNA
testing on a | 730 |
form prescribed by the attorney general for this
purpose and shall | 731 |
submit the form to the court of common pleas
that sentenced the | 732 |
inmate for the
offense for which the inmate is an eligible inmate | 733 |
and is
requesting DNA testing.
The
eligible inmate shall submit | 734 |
the
application to that court of common pleas not
later
than
one | 735 |
yeartwo years after the effective date of this sectionOctober | 736 |
29, 2003. No court of common pleas shall accept an application | 737 |
under this section after the expiration of the period of time | 738 |
specified
in this division. | 739 |
(C) If an eligible inmate submits an application for DNA | 753 |
testing under division (A) of this section, regardless of whether | 754 |
the inmate has commenced any federal habeas corpus proceeding | 755 |
relative to the
case in which the inmate was convicted of the | 756 |
offense for which
the inmate is an eligible inmate and is | 757 |
requesting DNA testing,
any response to the application by the | 758 |
prosecuting attorney or the attorney general shall be filed not | 759 |
later than forty-five days after the date on which the eligible | 760 |
inmate submits the application. The prosecuting attorney or
the | 761 |
attorney general, or both, may, but are not required to, file a | 762 |
response
to the application. If the prosecuting attorney or the | 763 |
attorney general files a response under this division, the | 764 |
prosecuting attorney or attorney general, whoever filed the | 765 |
response, shall serve a copy of the response on the eligible | 766 |
inmate. | 767 |
(D) If an eligible inmate submits an application for DNA | 768 |
testing under division (A) of this section, the court
shall make | 769 |
the determination as to whether the
application should be accepted | 770 |
or rejected. The court shall expedite its review of
the | 771 |
application. The
court shall make the determination in accordance | 772 |
with the
criteria
and procedures set forth in sections 2953.74 to | 773 |
2953.81
of the
Revised Code and, in making the determination, | 774 |
shall
consider the
application, the supporting affidavits, and the | 775 |
documentary evidence and, in addition to those materials, shall | 776 |
consider all the files and records pertaining to the proceedings | 777 |
against the applicant, including, but not limited to, the | 778 |
indictment, the court's journal entries, the journalized records | 779 |
of the clerk of the court, and the court reporter's transcript and | 780 |
all responses to the application
filed under
division (C) of this | 781 |
section by a prosecuting attorney
or the
attorney general, unless | 782 |
the application and the files and records show the applicant is | 783 |
not entitled to DNA testing, in which case the application may be | 784 |
denied. The court is not required to conduct an evidentiary | 785 |
hearing in conducting its review of, and in making its | 786 |
determination as to whether to accept or reject, the application. | 787 |
Upon making its determination, the
court shall
enter a judgment | 788 |
and order that either accepts or
rejects the application and that | 789 |
includes
within the judgment and order the
reasons for the | 790 |
acceptance or rejection as applied to the criteria and procedures | 791 |
set forth in sections 2953.71 to 2953.81 of the Revised Code. The | 792 |
court shall send a copy of the
judgment and order to the eligible | 793 |
inmate who filed it, the prosecuting
attorney, and the attorney | 794 |
general. | 795 |
(B) An inmate who pleaded guilty or no contest to a felony | 837 |
offense that was committed prior to the effective date of this | 838 |
sectionOctober 29, 2003, who satisfies the criteria set forth in | 839 |
division (A) of this section, and who wishes to request DNA | 840 |
testing under this section shall submit, in accordance with this | 841 |
division, an application for the testing to the court of common | 842 |
pleas and the prosecuting attorney. The inmate shall specify on | 843 |
the application the offense or offenses for which the inmate is | 844 |
requesting the DNA testing under this section. Along with the | 845 |
application, the inmate shall submit an acknowledgment that is | 846 |
signed by the inmate. The application and acknowledgment required | 847 |
under this division shall be the same application and | 848 |
acknowledgment as are used by eligible inmates who request DNA | 849 |
testing under sections 2953.71 to 2953.81 of the Revised Code. | 850 |
(1) The application and the written statement shall be | 864 |
considered for all purposes as if they were an application for DNA | 865 |
testing filed under section 2953.73 of the Revised Code that the | 866 |
court accepted, and the court, the prosecuting attorney, the | 867 |
attorney general, the inmate, law enforcement personnel, and all | 868 |
other involved persons shall proceed regarding DNA testing for the | 869 |
inmate pursuant to sections 2953.77 to 2953.81 of the Revised | 870 |
Code, in the same manner as if the inmate was an eligible inmate | 871 |
for whom an application for DNA testing had been accepted. | 872 |
Sec. 5120.021. (A) The provisions of Chapter 5120. of the | 887 |
Revised Code, as itthey existed prior to
July 1, 1996, applies | 888 |
and that address the duration or potential duration of | 889 |
incarceration or parole or other forms of supervised release, | 890 |
apply to a personall persons upon whom a court
imposed a term of | 891 |
imprisonment prior to July 1, 1996, and
a personall persons upon | 892 |
whom a court, on or after July 1, 1996, and
in accordance with law | 893 |
existing prior to July 1, 1996,
imposed a term of imprisonment for | 894 |
an offense that was committed prior to
July 1, 1996. | 895 |
Section 3. The General Assembly hereby declares that its | 913 |
purpose in amending section 5120.021 of the Revised Code in | 914 |
Sections 1 and 2 of this act is to clarify the applicability of | 915 |
the provisions in Chapter 5120. of the Revised Code that address | 916 |
the duration or potential duration of incarceration and | 917 |
supervision of offenders by the Department of Rehabilitation and | 918 |
Correction, and to clarify the applicability of any other | 919 |
provision in Chapter 5120. of the Revised Code amended or enacted | 920 |
on or after July 1, 1996, to persons in custody or under | 921 |
supervision of the Department. The General Assembly believes that | 922 |
the amendments to section 5120.021 of the Revised Code made in | 923 |
Sections 1 and 2 of this act are not substantive in nature, that | 924 |
these amendments do not affect any substantive right of any | 925 |
offender, and that the version of section 5120.021 of the Revised | 926 |
Code resulting from this act is substantively the same as the | 927 |
version of that section in existence immediately prior to the | 928 |
effective date of this act. | 929 |
Section 4. Section 2743.191 of the Revised Code is presented | 930 |
in
this act as a composite of the section as amended by both Am. | 931 |
Sub. H.B. 95 and Am. Sub. S.B. 5 of
the 125th General Assembly. | 932 |
The General Assembly, applying the
principle stated in division | 933 |
(B) of section 1.52 of the Revised
Code that amendments are to be | 934 |
harmonized if reasonably capable of
simultaneous operation, finds | 935 |
that the composite is the resulting
version of the section in | 936 |
effect prior to the effective date of
the section as presented in | 937 |
this act. | 938 |