As Passed by the House

125th General Assembly
Regular Session
2003-2004
Sub. H. B. No. 525


Representatives Latta, Faber, McGregor, Hughes, Slaby, Gilb, Schmidt, Jerse, Willamowski, D. Evans, Aslanides, Book, Buehrer, Cirelli, Clancy, Collier, Daniels, DeBose, DeGeeter, Domenick, C. Evans, Flowers, Gibbs, Hagan, Harwood, Hoops, Koziura, Martin, Niehaus, Otterman, T. Patton, Perry, Raussen, Reidelbach, Reinhard, Schaffer, Schlichter, Schneider, Seitz, Setzer, Strahorn, Trakas, Wagner, Webster, Widener 



A BILL
To amend sections 109.573, 313.08, 2152.74, 2743.191, 1
2901.07, 2953.73, 2953.82, and 5120.021 of the 2
Revised Code to require DNA specimen collection 3
from delinquent children and criminal offenders 4
for all felonies; to make other changes relating 5
to the collection and use of DNA specimens; to 6
extend for one year the period of time for certain 7
inmates to request DNA testing; and to clarify the 8
applicability of the provisions of Chapter 5120. 9
of the Revised Code to offenders who committed 10
their offense prior to July 1, 1996, and to those 11
who committed their offense on or after that date.12


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

       Section 1. That sections 109.573, 313.08, 2152.74, 2743.191, 13
2901.07, 2953.73, 2953.82, and 5120.021 of the Revised Code be 14
amended to read as follows:15

       Sec. 109.573.  (A) As used in this section:16

       (1) "DNA" means human deoxyribonucleic acid.17

       (2) "DNA analysis" means a laboratory analysis of a DNA18
specimen to identify DNA characteristics and to create a DNA19
record.20

       (3) "DNA database" means a collection of DNA records from21
forensic casework or from crime scenes, specimens from anonymous22
and unidentified sources, and records collected pursuant to23
sections 2152.74 and 2901.07 of the Revised Code and a population24
statistics database for determining the frequency of occurrence of25
characteristics in DNA records.26

       (4) "DNA record" means the objective result of a DNA analysis 27
of a DNA specimen, including representations of DNA fragment 28
lengths, digital images of autoradiographs, discrete allele 29
assignment numbers, and other DNA specimen characteristics that 30
aid in establishing the identity of an individual.31

       (5) "DNA specimen" includes human blood cells or32
physiological tissues or body fluids.33

       (6) "Unidentified person database" means a collection of DNA34
records, and, on and after May 21, 1998, of fingerprint and35
photograph records, of unidentified human corpses, human remains,36
or living individuals.37

       (7) "Relatives of missing persons database" means a38
collection of DNA records of persons related by consanguinity of39
the first degree to a missing person.40

       (8) "Law enforcement agency" means a police department, the41
office of a sheriff, the state highway patrol, a county42
prosecuting attorney, or a federal, state, or local governmental43
body that enforces criminal laws and that has employees who have a44
statutory power of arrest.45

       (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

       (B)(1) The superintendent of the bureau of criminal53
identification and investigation may do all of the following:54

       (a) Establish and maintain a state DNA laboratory to perform55
DNA analyses of DNA specimens;56

       (b) Establish and maintain a DNA database;57

       (c) Establish and maintain an unidentified person database to 58
aid in the establishment of the identity of unknown human corpses,59
human remains, or living individuals;60

       (d) Establish and maintain a relatives of missing persons61
database for comparison with the unidentified person database to62
aid in the establishment of the identity of unknown human corpses,63
human remains, and living individuals.64

       (2) If the bureau of criminal identification and65
investigation establishes and maintains a DNA laboratory and a DNA66
database, the bureau may use or disclose information regarding DNA67
records for the following purposes:68

       (a) The bureau may disclose information to a law enforcement69
agency for purposes of identificationthe administration of 70
criminal justice.71

       (b) The bureau shall disclose pursuant to a court order72
issued under section 3111.09 of the Revised Code any information73
necessary to determine the existence of a parent and child74
relationship in an action brought under sections 3111.01 to75
3111.18 of the Revised Code.76

       (c) The bureau may use or disclose information from the77
population statistics database, for identification research and78
protocol development, or for quality control purposes.79

       (3) If the bureau of criminal identification and80
investigation establishes and maintains a relatives of missing81
persons database, all of the following apply:82

       (a) If a person has disappeared and has been continuously83
absent from the person's place of last domicile for a thirty-day84
or longer period of time without being heard from during the85
period, persons related by consanguinity of the first degree to86
the missing person may submit to the bureau a DNA specimen, the87
bureau may include the DNA record of the specimen in the relatives88
of missing persons database, and, if the bureau does not include89
the DNA record of the specimen in the relatives of missing persons90
database, the bureau shall retain the DNA record for future91
reference and inclusion as appropriate in that database.92

       (b) The bureau shall not charge a fee for the submission of a 93
DNA specimen pursuant to division (B)(3)(a) of this section.94

       (c) If the DNA specimen submitted pursuant to division95
(B)(3)(a) of this section is collected by withdrawing blood from96
the person or a similarly invasive procedure, a physician,97
registered nurse, licensed practical nurse, duly licensed clinical98
laboratory technician, or other qualified medical practitioner99
shall conduct the collection procedure for the DNA specimen100
submitted pursuant to division (B)(3)(a) of this section and shall101
collect the DNA specimen in a medically approved manner. If the102
DNA specimen is collected by swabbing for buccal cells or a103
similarly noninvasive procedure, division (B)(3)(c) of this104
section does not require that the DNA specimen be collected by a105
qualified medical practitioner of that nature. No later than106
fifteen days after the date of the collection of the DNA specimen,107
the person conducting the DNA specimen collection procedure shall108
cause the DNA specimen to be forwarded to the bureau of criminal109
identification and investigation in accordance with procedures110
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 the113
collection and forwarding of the DNA specimen to the bureau.114

       (d) The superintendent, in the superintendent's discretion,115
may compare DNA records in the relatives of missing persons116
database with the DNA records in the unidentified person database.117

       (4) If the bureau of criminal identification and118
investigation establishes and maintains an unidentified person119
database and if the superintendent of the bureau identifies a120
matching DNA record for the DNA record of a person or deceased121
person whose DNA record is contained in the unidentified person122
database, the superintendent shall inform the coroner who123
submitted or the law enforcement agency that submitted the DNA124
specimen to the bureau of the match and, if possible, of the125
identity of the unidentified person.126

       (5) The bureau of criminal identification and investigation127
may enter into a contract with a qualified public or private128
laboratory to perform DNA analyses, DNA specimen maintenance,129
preservation, and storage, DNA record keeping, and other duties130
required of the bureau under this section. A public or private131
laboratory under contract with the bureau shall follow quality132
assurance and privacy requirements established by the133
superintendent of the bureau.134

       (C) The superintendent of the bureau of criminal135
identification and investigation shall establish procedures for136
entering into the DNA database the DNA records submitted pursuant137
to sections 2152.74 and 2901.07 of the Revised Code and for138
determining an order of priority for entry of the DNA records139
based on the types of offenses committed by the persons whose140
records are submitted and the available resources of the bureau.141

       (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 subject147
person's fingerprints and any other information the bureau148
determines necessary. The DNA record and personal identification149
information attached to it shall be used only for the purpose of150
personal identification or for a purpose specified in this151
section.152

       (E) DNA records, DNA specimens, fingerprints, and photographs 153
that the bureau of criminal identification and investigation 154
receives pursuant to this section and sections 313.08, 2152.74, 155
and 2901.07 of the Revised Code and personal identification 156
information attached to a DNA record are not public records under 157
section 149.43 of the Revised Code.158

       (F) The bureau of criminal identification and investigation159
may charge a reasonable fee for providing information pursuant to160
this section to any law enforcement agency located in another161
state.162

       (G)(1) No person who because of the person's employment or163
official position has access to a DNA specimen, a DNA record, or164
other information contained in the DNA database that identifies an165
individual shall knowingly disclose that specimen, record, or166
information to any person or agency not entitled to receive it or167
otherwise shall misuse that specimen, record, or information.168

       (2) No person without authorization or privilege to obtain169
information contained in the DNA database that identifies an170
individual person shall purposely obtain that information.171

       (H) The superintendent of the bureau of criminal172
identification and investigation shall establish procedures for173
all of the following:174

       (1) The forwarding to the bureau of DNA specimens collected175
pursuant to division (H) of this section and sections 313.08,176
2152.74, and 2901.07 of the Revised Code and of fingerprints and177
photographs collected pursuant to section 313.08 of the Revised178
Code;179

       (2) The collection, maintenance, preservation, and analysis180
of DNA specimens;181

       (3) The creation, maintenance, and operation of the DNA182
database;183

       (4) The use and dissemination of information from the DNA184
database;185

       (5) The creation, maintenance, and operation of the186
unidentified person database;187

       (6) The use and dissemination of information from the188
unidentified person database;189

       (7) The creation, maintenance, and operation of the relatives 190
of missing persons database;191

       (8) The use and dissemination of information from the192
relatives of missing persons database;193

       (9) The verification of entities requesting DNA records and194
other DNA information from the bureau and the authority of the195
entity to receive the information;196

       (10) The operation of the bureau and responsibilities of197
employees of the bureau with respect to the activities described198
in this section.199

       (I) In conducting DNA analyses of DNA specimens, the state 200
DNA laboratory and any laboratory with which the bureau has 201
entered into a contract pursuant to division (B)(5) of this 202
section shall give DNA analyses of DNA specimens that relate to 203
ongoing criminal investigations or prosecutions priority over DNA 204
analyses of DNA specimens that relate to applications made 205
pursuant to section 2953.73 or 2953.82 of the Revised Code.206

       Sec. 313.08.  (A) In counties in which a county morgue is207
maintained, the coroner shall be the official custodian of the 208
morgue.209

       In all cases of the finding of the body or remains of a 210
deceased person within a county in which a county morgue is211
maintained, when the identity of the deceased person is unknown, 212
or the deceased person's relatives or other persons entitled to 213
the custody of the body or remains of the deceased person are 214
unknown or not present, the body or remains shall be removed to 215
the county morgue, where it shall be held for identification and 216
disposal.217

       (B) If the body or remains of a deceased person isare not218
identified, a coroner shall do all of the following prior to219
disposing of the body or remains:220

       (1) Take the fingerprints of the body or remains of the 221
deceased person, or cause the same to be taken, according to the222
fingerprint system of identification on the forms furnished by the 223
superintendent of the bureau of criminal identification and224
investigation;225

       (2) Take or cause to be taken one or more photographs of the 226
body or remains of the deceased person;227

       (3) Collect in a medically approved manner a DNA specimen 228
from the body or remains of the deceased person;229

       (4) Promptly cause the fingerprints, the photographs, and the230
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

       (C) Upon the request of a coroner who has the duty to take, 240
or cause the taking of, fingerprints and photographs under 241
divisions (B)(1) and (2) of this section, the bureau of criminal 242
identification and investigation shall take, or assist in the 243
taking of, the required fingerprints and photographs.244

       (D) As used in this section, "DNA specimen" and "unidentified 245
person database" have the same meanings as in section 109.573 of 246
the Revised Code.247

       Sec.  2152.74.  (A) As used in this section, "DNA analysis"248
and "DNA specimen" have the same meanings as in section 109.573 of249
the Revised Code.250

       (B)(1) A child who is adjudicated a delinquent child for251
committing an act listed in division (D) of this section and who252
is committed to the custody of the department of youth services,253
placed in a detention facility or district detention facility254
pursuant to division (A)(3) of section 2152.19 of the Revised255
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 chief260
administrative officer of the detention facility, district261
detention facility, school, camp, institution, or other facility262
for delinquent children to which the child was committed or in263
which the child was placed. If the court commits the child to the264
department of youth services, the director of youth services shall265
cause the DNA specimen to be collected from the child during the266
intake process at an institution operated by or under the control267
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 delinquent270
children, the chief administrative officer of the detention271
facility, district detention facility, school, camp, institution,272
or facility to which the child is committed or in which the child273
is placed shall cause the DNA specimen to be collected from the274
child during the intake process for the detention facility,275
district detention facility, school, camp, institution, or276
facility. In accordance with division (C) of this section, the277
director or the chief administrative officer shall cause the DNA278
specimen to be forwarded to the bureau of criminal identification279
and investigation no later than fifteen days after the date of the280
collection of the DNA specimen. The DNA specimen shall be281
collected from the child in accordance with division (C) of this282
section.283

       (2) If a child is adjudicated a delinquent child for284
committing an act listed in division (D) of this section, is285
committed to or placed in the department of youth services, a286
detention facility or district detention facility, or a school,287
camp, institution, or other facility for delinquent children, and288
does not submit to a DNA specimen collection procedure pursuant to289
division (B)(1) of this section, prior to the child's release from290
the custody of the department of youth services, from the custody291
of the detention facility or district detention facility, or from292
the custody of the school, camp, institution, or facility, the293
child shall submit to, and the director of youth services or the294
chief administrator of the detention facility, district detention295
facility, school, camp, institution, or facility to which the296
child is committed or in which the child was placed shall297
administer, a DNA specimen collection procedure at the institution298
operated by or under the control of the department of youth299
services or at the detention facility, district detention300
facility, school, camp, institution, or facility to which the301
child is committed or in which the child was placed. In accordance302
with division (C) of this section, the director or the chief303
administrative officer shall cause the DNA specimen to be304
forwarded to the bureau of criminal identification and305
investigation no later than fifteen days after the date of the306
collection of the DNA specimen. The DNA specimen shall be307
collected in accordance with division (C) of this section.308

       (C) If the DNA specimen is collected by withdrawing blood309
from the child or a similarly invasive procedure, a physician,310
registered nurse, licensed practical nurse, duly licensed clinical311
laboratory technician, or other qualified medical practitioner312
shall collect in a medically approved manner the DNA specimen313
required to be collected pursuant to division (B) of this section.314
If the DNA specimen is collected by swabbing for buccal cells or a315
similarly noninvasive procedure, this section does not require316
that the DNA specimen be collected by a qualified medical317
practitioner of that nature. No later than fifteen days after the318
date of the collection of the DNA specimen, the director of youth319
services or the chief administrative officer of the detention320
facility, district detention facility, school, camp, institution,321
or other facility for delinquent children to which the child is322
committed or in which the child was placed shall cause the DNA323
specimen to be forwarded to the bureau of criminal identification324
and investigation in accordance with procedures established by the325
superintendent of the bureau under division (H) of section 109.573326
of the Revised Code. The bureau shall provide the specimen vials,327
mailing tubes, labels, postage, and instruction needed for the328
collection and forwarding of the DNA specimen to the bureau.329

       (D) The director of youth services and the chief330
administrative officer of a detention facility, district detention331
facility, school, camp, institution, or other facility for332
delinquent children shall cause a DNA specimen to be collected in333
accordance with divisions (B) and (C) of this section from each334
child in its custody who is adjudicated a delinquent child for335
committing any of the following acts:336

       (1) A violation of section 2903.01, 2903.02, 2903.11,337
2905.01, 2907.02, 2907.03, 2907.05, 2911.01, 2911.02, 2911.11, or338
2911.12 of the Revised CodeAn act that would be a felony if 339
committed by an adult;340

       (2) A violation of section 2907.12 of the Revised Code as it341
existed prior to September 3, 1996;342

       (3) An attempt to commit a violation of section 2903.01,343
2903.02, 2907.02, 2907.03, or 2907.05 of the Revised Code or to344
commit a violation of section 2907.12 of the Revised Code as it345
existed prior to September 3, 1996;346

       (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 and348
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 a352
violation of section 2907.12 of the Revised Code as it existed353
prior to September 3, 1996, that previously was dismissed or354
amended;355

       (5)(3) A violation of section 2905.02 or 2919.23 of the356
Revised Code that would be a misdemeanor if committed by an adult 357
and that would have been a violation of section 2905.04 of the358
Revised Code as it existed prior to July 1, 1996, had the359
violation been committed prior to that date;360

       (6) A felony violation of any law that arose out of the same361
facts and circumstances and same act as did a charge against the362
child of a violation of section 2903.11, 2911.01, 2911.02, or363
2911.12 of the Revised Code that previously was dismissed or364
amended;365

       (7) A violation of section 2923.01 of the Revised Code366
involving a conspiracy to commit a violation of section 2903.01,367
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the368
Revised Code;369

       (8)(4) A violation of section 2923.03 of the Revised Code370
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 a373
violation of section 2907.12 of the Revised Code as it existed374
prior to September 3, 1996that would be a misdemeanor if 375
committed by an adult.376

       (E) The director of youth services and the chief377
administrative officer of a detention facility, district detention378
facility, school, camp, institution, or other facility for379
delinquent children is not required to comply with this section in380
relation to the following acts until the superintendent of the381
bureau of criminal identification and investigation gives agencies382
in the juvenile justice system, as defined in section 181.51 of383
the Revised Code, in the state official notification that the384
state DNA laboratory is prepared to accept DNA specimens of that385
nature:386

       (1) A violation of section 2903.11, 2911.01, 2911.02, or387
2911.12 of the Revised Code;388

       (2) An attempt to commit a violation of section 2903.01 or389
2903.02 of the Revised Code;390

       (3) A felony violation of any law that arose out of the same391
facts and circumstances and same act as did a charge against the392
child of a violation of section 2903.11, 2911.01, 2911.02, or393
2911.12 of the Revised Code that previously was dismissed or394
amended;395

       (4) A violation of section 2923.01 of the Revised Code396
involving a conspiracy to commit a violation of section 2903.01,397
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the398
Revised Code;399

       (5) A violation of section 2923.03 of the Revised Code400
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 a403
violation of section 2907.12 of the Revised Code as it existed404
prior to September 3, 1996.405

       Sec. 2743.191.  (A)(1) There is hereby created in the state406
treasury the reparations fund, which shall be used only for the407
following purposes:408

       (a) The payment of awards of reparations that are granted by409
the attorney general;410

       (b) The compensation of any personnel needed by the attorney411
general to administer sections 2743.51 to 2743.72 of the Revised412
Code;413

       (c) The compensation of witnesses as provided in division (J)414
of section 2743.65 of the Revised Code;415

       (d) Other administrative costs of hearing and determining416
claims for an award of reparations by the attorney general;417

       (e) The costs of administering sections 2907.28 and 2969.01418
to 2969.06 of the Revised Code;419

       (f) The costs of investigation and decision-making as420
certified by the attorney general;421

       (g) The provision of state financial assistance to victim422
assistance programs in accordance with sections 109.91 and 109.92423
of the Revised Code;424

       (h) The costs of paying the expenses of sex offense-related425
examinations and antibiotics pursuant to section 2907.28 of the426
Revised Code;427

       (i) The cost of printing and distributing the pamphlet428
prepared by the attorney general pursuant to section 109.42 of the429
Revised Code;430

       (j) Subject to division (D) of section 2743.71 of the Revised431
Code, the costs associated with the printing and providing of432
information cards or other printed materials to law enforcement433
agencies and prosecuting authorities and with publicizing the434
availability of awards of reparations pursuant to section 2743.71435
of the Revised Code;436

       (k) The payment of costs of administering a DNA specimen437
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 DNA442
specimens, and of entering the resulting DNA records regarding443
those analyses into the DNA database pursuant to section 109.573444
of the Revised Code;445

       (l) The payment of actual costs associated with initiatives 446
by the attorney general for the apprehension, prosecution, and 447
accountability of offenders, and the enhancing of services to 448
crime victims. The amount of payments made pursuant to division 449
(A)(1)(l) of this section during any given fiscal year shall not 450
exceed five per cent of the balance of the reparations fund at the 451
close of the immediately previous fiscal year.452

       (2) All costs paid pursuant to section 2743.70 of the Revised453
Code, the portions of license reinstatement fees mandated by454
division (F)(2)(b) of section 4511.191 of the Revised Code to be455
credited to the fund, the portions of the proceeds of the sale of456
a forfeited vehicle specified in division (C)(2) of section457
4503.234 of the Revised Code, payments collected by the department458
of rehabilitation and correction from prisoners who voluntarily459
participate in an approved work and training program pursuant to460
division (C)(8)(b)(ii) of section 5145.16 of the Revised Code, and461
all moneys collected by the state pursuant to its right of462
subrogation provided in section 2743.72 of the Revised Code shall463
be deposited in the fund.464

       (B) In making an award of reparations, the attorney general465
shall render the award against the state. The award shall be466
accomplished only through the following procedure, and the467
following procedure may be enforced by writ of mandamus directed468
to the appropriate official:469

       (1) The attorney general shall provide for payment of the470
claimant or providers in the amount of the award only if the 471
amount of the award is fifty dollars or more.472

       (2) The expense shall be charged against all available473
unencumbered moneys in the fund.474

       (3) If sufficient unencumbered moneys do not exist in the475
fund, the attorney general shall make application for payment of476
the award out of the emergency purposes account or any other477
appropriation for emergencies or contingencies, and payment out of478
this account or other appropriation shall be authorized if there479
are sufficient moneys greater than the sum total of then pending480
emergency purposes account requests or requests for releases from481
the other appropriations.482

       (4) If sufficient moneys do not exist in the account or any483
other appropriation for emergencies or contingencies to pay the484
award, the attorney general shall request the general assembly to485
make an appropriation sufficient to pay the award, and no payment486
shall be made until the appropriation has been made. The attorney487
general shall make this appropriation request during the current488
biennium and during each succeeding biennium until a sufficient489
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 decision497
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 of500
reparations appeals from only a portion of an award, and a501
remaining portion provides for the payment of money by the state,502
that part of the award calling for the payment of money by the503
state and not a subject of the appeal shall be processed for504
payment as described in this section.505

       (D) The attorney general shall prepare itemized bills for the 506
costs of printing and distributing the pamphlet the attorney507
general prepares pursuant to section 109.42 of the Revised Code.508
The itemized bills shall set forth the name and address of the509
persons owed the amounts set forth in them.510

       (E) As used in this section, "DNA analysis" and "DNA511
specimen" have the same meanings as in section 109.573 of the512
Revised Code.513

       Sec. 2901.07.  (A) As used in this section:514

       (1) "DNA analysis" and "DNA specimen" have the same meanings515
as in section 109.573 of the Revised Code.516

       (2) "Jail" and "community-based correctional facility" have517
the same meanings as in section 2929.01 of the Revised Code.518

       (3) "Post-release control" has the same meaning as in section519
2967.01 of the Revised Code.520

       (B)(1) A person who is convicted of or pleads guilty to a521
felony offense listed in division (D) of this section and who is522
sentenced to a prison term or to a community residential sanction523
in a jail or community-based correctional facility pursuant to524
section 2929.16 of the Revised Code, and a person who is convicted525
of or pleads guilty to a misdemeanor offense listed in division526
(D) of this section and who is sentenced to a term of imprisonment527
shall submit to a DNA specimen collection procedure administered528
by the director of rehabilitation and correction or the chief529
administrative officer of the jail or other detention facility in530
which the person is serving the term of imprisonment. If the531
person serves the prison term in a state correctional institution,532
the director of rehabilitation and correction shall cause the DNA533
specimen to be collected from the person during the intake process534
at the reception facility designated by the director. If the535
person serves the community residential sanction or term of536
imprisonment in a jail, a community-based correctional facility,537
or another county, multicounty, municipal, municipal-county, or538
multicounty-municipal detention facility, the chief administrative539
officer of the jail, community-based correctional facility, or540
detention facility shall cause the DNA specimen to be collected541
from the person during the intake process at the jail,542
community-based correctional facility, or detention facility. In543
accordance with division (C) of this section, the director or the544
chief administrative officer shall cause the DNA specimen to be545
forwarded to the bureau of criminal identification and546
investigation no later than fifteen days after the date of the547
collection of the DNA specimen. The DNA specimen shall be548
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-based558
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 collection561
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 or572
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, under576
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 correctional586
institution for a violation of the terms and conditions of the587
probation, parole, transitional control, other release, or588
post-release control, if the person was or will be serving a term589
of imprisonment, prison term, or community residential sanction590
for committing ana felony offense or for committing a misdemeanor591
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 the594
director of rehabilitation and correction or the chief595
administrative officer of the jail or community-based correctional596
facility shall administer, a DNA specimen collection procedure at597
the jail, community-based correctional facility, or state598
correctional institution in which the person is serving the term599
of imprisonment, prison term, or community residential sanction.600
In accordance with division (C) of this section, the director or601
the chief administrative officer shall cause the DNA specimen to602
be forwarded to the bureau of criminal identification and603
investigation no later than fifteen days after the date of the604
collection of the DNA specimen. The DNA specimen shall be605
collected from the person in accordance with division (C) of this606
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 blood627
from the person or a similarly invasive procedure, a physician,628
registered nurse, licensed practical nurse, duly licensed clinical629
laboratory technician, or other qualified medical practitioner630
shall collect in a medically approved manner the DNA specimen631
required to be collected pursuant to division (B) of this section.632
If the DNA specimen is collected by swabbing for buccal cells or a633
similarly noninvasive procedure, this section does not require634
that the DNA specimen be collected by a qualified medical635
practitioner of that nature. No later than fifteen days after the636
date of the collection of the DNA specimen, the director of637
rehabilitation and correction or the chief administrative officer638
of the jail, community-based correctional facility, or other639
county, multicounty, municipal, municipal-county, or640
multicounty-municipal detention facility, in which the person is641
serving the prison term, community residential sanction, or term642
of imprisonment shall cause the DNA specimen to be forwarded to643
the bureau of criminal identification and investigation in644
accordance with procedures established by the superintendent of645
the bureau under division (H) of section 109.573 of the Revised646
Code. The bureau shall provide the specimen vials, mailing tubes,647
labels, postage, and instructions needed for the collection and648
forwarding of the DNA specimen to the bureau.649

       (D) The director of rehabilitation and correction and, the650
chief administrative officer of the jail, community-based651
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 2911.12663
of the Revised Code;664

       (2) A violation of section 2907.12 of the Revised Code as it665
existed prior to September 3, 1996;666

       (3) An attempt to commit a violation of section 2903.01,667
2903.02, 2907.02, 2907.03, 2907.04, or 2907.05 of the Revised Code668
or to commit a violation of section 2907.12 of the Revised Code as669
it existed prior to September 3, 1996;670

       (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 Code674
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

       (5)(3) A misdemeanor violation of section 2905.02 or 2919.23 679
of the Revised Code that would have been a violation of section 680
2905.04 of the Revised Code as it existed prior to July 1, 1996, 681
had it been committed prior to that date;682

       (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, the685
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

       (7) A felony violation of any law that arose out of the same689
facts and circumstances and same act as did a charge against the690
person of a violation of section 2903.11, 2911.01, 2911.02, or691
2911.12 of the Revised Code that previously was dismissed or692
amended;693

       (8) A conspiracy to commit a violation of section 2903.01,694
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the695
Revised Code;696

       (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 a699
violation of section 2907.12 of the Revised Code as it existed700
prior to September 3, 1996.701

       (E) The director of rehabilitation and correction or a chief702
administrative officer of a jail, community-based correctional703
facility, or other detention facility described in division (B) of704
this section in relation to the following offenses is not required705
to comply with this section until the superintendent of the bureau706
of criminal identification and investigation gives agencies in the707
criminal justice system, as defined in section 181.51 of the708
Revised Code, in the state official notification that the state709
DNA laboratory is prepared to accept DNA specimens of that nature:710

       (1) A violation of section 2903.11, 2911.01, 2911.02, or711
2911.12 of the Revised Code;712

       (2) An attempt to commit a violation of section 2903.01 or713
2903.02 of the Revised Code;714

       (3) A felony violation of any law that arose out of the same715
facts and circumstances and same act as did a charge against the716
person of a violation of section 2903.11, 2911.01, 2911.02, or717
2911.12 of the Revised Code that previously was dismissed or718
amended;719

       (4) A conspiracy to commit a violation of section 2903.01,720
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the721
Revised Code;722

       (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 a725
violation of section 2907.12 of the Revised Code as it existed726
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 application737
under this section after the expiration of the period of time738
specified in this division.739

       (B) If an eligible inmate submits an application for DNA740
testing under division (A) of this section, upon the submission of741
the application, all of the following apply:742

       (1) The eligible inmate shall serve a copy of the application 743
on the prosecuting attorney and the attorney general.744

       (2) The application shall be assigned to the judge of that745
court of common pleas who was the trial judge in the case in which 746
the eligible inmate was convicted of the offense for which the 747
inmate is requesting DNA testing, or, if that judge no longer is a 748
judge of that court, it shall be assigned according to court 749
rules. The judge to whom the application is assigned shall decide 750
the application. The application shall become part of the file in 751
the case.752

       (C) If an eligible inmate submits an application for DNA753
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 DNA768
testing under division (A) of this section, the court shall make769
the determination as to whether the application should be accepted770
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 eligible793
inmate who filed it, the prosecuting attorney, and the attorney794
general.795

       (E) A judgment and order of a court entered under division 796
(D) of this section is appealable only as provided in this 797
division. If an eligible inmate submits an application for DNA 798
testing under section 2953.73 of the Revised Code and the court of 799
common pleas rejects the application under division (D) of this 800
section, one of the following applies:801

       (a)(1) If the inmate was sentenced to death for the offense 802
for which the inmate claims to be an eligible inmate and is 803
requesting DNA testing, the inmate may seek leave of the supreme 804
court to appeal the rejection to the supreme court. Courts of 805
appeals do not have jurisdiction to review any rejection if the 806
inmate was sentenced to death for the offense for which the inmate 807
claims to be an eligible inmate and is requesting DNA testing.808

       (b)(2) If the inmate was not sentenced to death for the 809
offense for which the inmate claims to be an eligible inmate and 810
is requesting DNA testing, the rejection is a final appealable 811
order, and the inmate may appeal it to the court of appeals of the 812
district in which is located that court of common pleas.813

       (F) Notwithstanding any provision of law regarding fees and814
costs, no filing fee shall be required of, and no court costs815
shall be assessed against, an eligible offender who is indigent816
and who submits an application under this section.817

       (G) If a court rejects an eligible inmate's application for 818
DNA testing under division (D) of this section, unless the 819
rejection is overturned on appeal, no court shall require the 820
state to administer a DNA test under sections 2953.71 to 2953.81 821
of the Revised Code on the eligible inmate.822

       Sec. 2953.82.  (A) An inmate who pleaded guilty or no contest 823
to a felony offense that was committed prior to the effective date 824
of this sectionOctober 29, 2003 may request DNA testing under 825
this section regarding that offense if all of the following apply:826

       (1) The inmate was sentenced to a prison term or sentence of 827
death for that felony and, on the effective date of this section828
October 29, 2003, is in prison serving that prison term or under 829
that sentence of death.830

       (2) On the date on which the inmate files the application 831
requesting the testing with the court as described in division (B) 832
of this section, the inmate has at least one year remaining on the 833
prison term described in division (A)(1) of this section, or the 834
inmate is in prison under a sentence of death as described in that 835
division.836

        (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

       The inmate shall file the application with the court of 851
common pleas not later than one yeartwo years after the effective 852
date of this sectionOctober 29, 2003. Upon filing the 853
application, the inmate shall serve a copy on the prosecuting 854
attorney.855

       (C) Within forty-five days after the filing of an application 856
for DNA testing under division (B) of this section, the 857
prosecuting attorney shall file a statement with the court that 858
indicates whether the prosecuting attorney agrees or disagrees 859
that the inmate should be permitted to obtain DNA testing under 860
this section. If the prosecuting attorney agrees that the inmate 861
should be permitted to obtain DNA testing under this section, all 862
of the following apply:863

       (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

       (2) Upon completion of the DNA testing, section 2953.81 of 873
the Revised Code applies.874

       (D) If the prosecuting attorney disagrees that the inmate 875
should be permitted to obtain DNA testing under this section, the 876
prosecuting attorney's disagreement is final and is not appealable 877
by any person to any court, and no court shall have authority, 878
without agreement of the prosecuting attorney, to order DNA 879
testing regarding that inmate and the offense or offenses for 880
which the inmate requested DNA testing in the application.881

       (E) If the prosecuting attorney fails to file a statement of 882
agreement or disagreement within the time provided in division (C) 883
of this section, the court may order the prosecuting attorney to 884
file a statement of that nature within fifteen days of the date of 885
the order.886

       Sec. 5120.021.  (A) The provisions of Chapter 5120. of the 887
Revised Code, as itthey existed prior to July 1, 1996, applies888
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

       (B) The provisions of Chapter 5120. of the Revised Code, as 896
it existsthey exist on andor after the effective date of this 897
sectionJuly1, 1996, appliesand that address the duration or 898
potential duration of incarceration or supervised release, apply899
to a personall persons upon whom a court imposed a stated prison 900
term for an offense committed on or after the effective date of 901
this sectionJuly1, 1996.902

       (C) Nothing in this section limits or affects the 903
applicability of any provision in Chapter 5120. of the Revised 904
Code, as amended or enacted on or after July 1, 1996, that 905
pertains to an issue other than the duration or potential duration 906
of incarceration or supervised release, to persons in custody or 907
under the supervision of the department of rehabilitation and 908
correction.909

       Section 2. That existing sections 109.573, 313.08, 2152.74, 910
2743.191, 2901.07, 2953.73, 2953.82, and 5120.021 of the Revised 911
Code are hereby repealed.912

       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