As Passed by the Senate

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 

Senators Austria, Carey, Hottinger, Mumper, Schuler, Roberts, Miller, Robert Gardner 



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; 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
to specify who collects DNA specimens from 13
juvenile offenders when the juvenile is not 14
committed to the Department of Youth Services or 15
other specified facilities; and to give the 16
Department of Rehabilitation and Correction 17
rule-making authority over the collection of a DNA 18
specimen from an offender whose supervision is 19
transferred to Ohio from another state.20


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

       Section 1. That sections 109.573, 313.08, 2152.74, 2743.191, 21
2901.07, 2953.73, 2953.82, and 5120.021 of the Revised Code be 22
amended to read as follows:23

       Sec. 109.573.  (A) As used in this section:24

       (1) "DNA" means human deoxyribonucleic acid.25

       (2) "DNA analysis" means a laboratory analysis of a DNA26
specimen to identify DNA characteristics and to create a DNA27
record.28

       (3) "DNA database" means a collection of DNA records from29
forensic casework or from crime scenes, specimens from anonymous30
and unidentified sources, and records collected pursuant to31
sections 2152.74 and 2901.07 of the Revised Code and a population32
statistics database for determining the frequency of occurrence of33
characteristics in DNA records.34

       (4) "DNA record" means the objective result of a DNA analysis 35
of a DNA specimen, including representations of DNA fragment 36
lengths, digital images of autoradiographs, discrete allele 37
assignment numbers, and other DNA specimen characteristics that 38
aid in establishing the identity of an individual.39

       (5) "DNA specimen" includes human blood cells or40
physiological tissues or body fluids.41

       (6) "Unidentified person database" means a collection of DNA42
records, and, on and after May 21, 1998, of fingerprint and43
photograph records, of unidentified human corpses, human remains,44
or living individuals.45

       (7) "Relatives of missing persons database" means a46
collection of DNA records of persons related by consanguinity of47
the first degree to a missing person.48

       (8) "Law enforcement agency" means a police department, the49
office of a sheriff, the state highway patrol, a county50
prosecuting attorney, or a federal, state, or local governmental51
body that enforces criminal laws and that has employees who have a52
statutory power of arrest.53

       (9) "Administration of criminal justice" means the 54
performance of detection, apprehension, detention, pretrial 55
release, post-trial release, prosecution, adjudication, 56
correctional supervision, or rehabilitation of accused persons or 57
criminal offenders. "Administration of criminal justice" also 58
includes criminal identification activities and the collection, 59
storage, and dissemination of criminal history record information.60

       (B)(1) The superintendent of the bureau of criminal61
identification and investigation may do all of the following:62

       (a) Establish and maintain a state DNA laboratory to perform63
DNA analyses of DNA specimens;64

       (b) Establish and maintain a DNA database;65

       (c) Establish and maintain an unidentified person database to 66
aid in the establishment of the identity of unknown human corpses,67
human remains, or living individuals;68

       (d) Establish and maintain a relatives of missing persons69
database for comparison with the unidentified person database to70
aid in the establishment of the identity of unknown human corpses,71
human remains, and living individuals.72

       (2) If the bureau of criminal identification and73
investigation establishes and maintains a DNA laboratory and a DNA74
database, the bureau may use or disclose information regarding DNA75
records for the following purposes:76

       (a) The bureau may disclose information to a law enforcement77
agency for purposes of identificationthe administration of 78
criminal justice.79

       (b) The bureau shall disclose pursuant to a court order80
issued under section 3111.09 of the Revised Code any information81
necessary to determine the existence of a parent and child82
relationship in an action brought under sections 3111.01 to83
3111.18 of the Revised Code.84

       (c) The bureau may use or disclose information from the85
population statistics database, for identification research and86
protocol development, or for quality control purposes.87

       (3) If the bureau of criminal identification and88
investigation establishes and maintains a relatives of missing89
persons database, all of the following apply:90

       (a) If a person has disappeared and has been continuously91
absent from the person's place of last domicile for a thirty-day92
or longer period of time without being heard from during the93
period, persons related by consanguinity of the first degree to94
the missing person may submit to the bureau a DNA specimen, the95
bureau may include the DNA record of the specimen in the relatives96
of missing persons database, and, if the bureau does not include97
the DNA record of the specimen in the relatives of missing persons98
database, the bureau shall retain the DNA record for future99
reference and inclusion as appropriate in that database.100

       (b) The bureau shall not charge a fee for the submission of a 101
DNA specimen pursuant to division (B)(3)(a) of this section.102

       (c) If the DNA specimen submitted pursuant to division103
(B)(3)(a) of this section is collected by withdrawing blood from104
the person or a similarly invasive procedure, a physician,105
registered nurse, licensed practical nurse, duly licensed clinical106
laboratory technician, or other qualified medical practitioner107
shall conduct the collection procedure for the DNA specimen108
submitted pursuant to division (B)(3)(a) of this section and shall109
collect the DNA specimen in a medically approved manner. If the110
DNA specimen is collected by swabbing for buccal cells or a111
similarly noninvasive procedure, division (B)(3)(c) of this112
section does not require that the DNA specimen be collected by a113
qualified medical practitioner of that nature. No later than114
fifteen days after the date of the collection of the DNA specimen,115
the person conducting the DNA specimen collection procedure shall116
cause the DNA specimen to be forwarded to the bureau of criminal117
identification and investigation in accordance with procedures118
established by the superintendent of the bureau under division (H)119
of this section. The bureau may provide the specimen vials,120
mailing tubes, labels, postage, and instruction needed for the121
collection and forwarding of the DNA specimen to the bureau.122

       (d) The superintendent, in the superintendent's discretion,123
may compare DNA records in the relatives of missing persons124
database with the DNA records in the unidentified person database.125

       (4) If the bureau of criminal identification and126
investigation establishes and maintains an unidentified person127
database and if the superintendent of the bureau identifies a128
matching DNA record for the DNA record of a person or deceased129
person whose DNA record is contained in the unidentified person130
database, the superintendent shall inform the coroner who131
submitted or the law enforcement agency that submitted the DNA132
specimen to the bureau of the match and, if possible, of the133
identity of the unidentified person.134

       (5) The bureau of criminal identification and investigation135
may enter into a contract with a qualified public or private136
laboratory to perform DNA analyses, DNA specimen maintenance,137
preservation, and storage, DNA record keeping, and other duties138
required of the bureau under this section. A public or private139
laboratory under contract with the bureau shall follow quality140
assurance and privacy requirements established by the141
superintendent of the bureau.142

       (C) The superintendent of the bureau of criminal143
identification and investigation shall establish procedures for144
entering into the DNA database the DNA records submitted pursuant145
to sections 2152.74 and 2901.07 of the Revised Code and for146
determining an order of priority for entry of the DNA records147
based on the types of offenses committed by the persons whose148
records are submitted and the available resources of the bureau.149

       (D) When a DNA record is derived from a DNA specimen provided 150
pursuant to section 2152.74 or 2901.07 of the Revised Code, the 151
bureau of criminal identification and investigation shall attach 152
to the DNA record personal identification information that 153
identifies the person from whom the DNA specimen was taken. The 154
personal identification information may include the subject155
person's fingerprints and any other information the bureau156
determines necessary. The DNA record and personal identification157
information attached to it shall be used only for the purpose of158
personal identification or for a purpose specified in this159
section.160

       (E) DNA records, DNA specimens, fingerprints, and photographs 161
that the bureau of criminal identification and investigation 162
receives pursuant to this section and sections 313.08, 2152.74, 163
and 2901.07 of the Revised Code and personal identification 164
information attached to a DNA record are not public records under 165
section 149.43 of the Revised Code.166

       (F) The bureau of criminal identification and investigation167
may charge a reasonable fee for providing information pursuant to168
this section to any law enforcement agency located in another169
state.170

       (G)(1) No person who because of the person's employment or171
official position has access to a DNA specimen, a DNA record, or172
other information contained in the DNA database that identifies an173
individual shall knowingly disclose that specimen, record, or174
information to any person or agency not entitled to receive it or175
otherwise shall misuse that specimen, record, or information.176

       (2) No person without authorization or privilege to obtain177
information contained in the DNA database that identifies an178
individual person shall purposely obtain that information.179

       (H) The superintendent of the bureau of criminal180
identification and investigation shall establish procedures for181
all of the following:182

       (1) The forwarding to the bureau of DNA specimens collected183
pursuant to division (H) of this section and sections 313.08,184
2152.74, and 2901.07 of the Revised Code and of fingerprints and185
photographs collected pursuant to section 313.08 of the Revised186
Code;187

       (2) The collection, maintenance, preservation, and analysis188
of DNA specimens;189

       (3) The creation, maintenance, and operation of the DNA190
database;191

       (4) The use and dissemination of information from the DNA192
database;193

       (5) The creation, maintenance, and operation of the194
unidentified person database;195

       (6) The use and dissemination of information from the196
unidentified person database;197

       (7) The creation, maintenance, and operation of the relatives 198
of missing persons database;199

       (8) The use and dissemination of information from the200
relatives of missing persons database;201

       (9) The verification of entities requesting DNA records and202
other DNA information from the bureau and the authority of the203
entity to receive the information;204

       (10) The operation of the bureau and responsibilities of205
employees of the bureau with respect to the activities described206
in this section.207

       (I) In conducting DNA analyses of DNA specimens, the state 208
DNA laboratory and any laboratory with which the bureau has 209
entered into a contract pursuant to division (B)(5) of this 210
section shall give DNA analyses of DNA specimens that relate to 211
ongoing criminal investigations or prosecutions priority over DNA 212
analyses of DNA specimens that relate to applications made 213
pursuant to section 2953.73 or 2953.82 of the Revised Code.214

       Sec. 313.08.  (A) In counties in which a county morgue is215
maintained, the coroner shall be the official custodian of the 216
morgue.217

       In all cases of the finding of the body or remains of a 218
deceased person within a county in which a county morgue is219
maintained, when the identity of the deceased person is unknown, 220
or the deceased person's relatives or other persons entitled to 221
the custody of the body or remains of the deceased person are 222
unknown or not present, the body or remains shall be removed to 223
the county morgue, where it shall be held for identification and 224
disposal.225

       (B) If the body or remains of a deceased person isare not226
identified, a coroner shall do all of the following prior to227
disposing of the body or remains:228

       (1) Take the fingerprints of the body or remains of the 229
deceased person, or cause the same to be taken, according to the230
fingerprint system of identification on the forms furnished by the 231
superintendent of the bureau of criminal identification and232
investigation;233

       (2) Take or cause to be taken one or more photographs of the 234
body or remains of the deceased person;235

       (3) Collect in a medically approved manner a DNA specimen 236
from the body or remains of the deceased person;237

       (4) Promptly cause the fingerprints, the photographs, and the238
DNA specimen to be forwarded to the bureau of criminal 239
identification and investigation for inclusion in the unidentified 240
person database in accordance with procedures established by the 241
superintendent of the bureau under division (H) of section 109.573 242
of the Revised Code. The bureau shall provide the fingerprint 243
forms, specimen vials, mailing tubes, labels, postage, and 244
instruction needed for the collection and forwarding to the bureau 245
of the fingerprints and the DNA specimen and for the forwarding to 246
the bureau of the photographs.247

       (C) Upon the request of a coroner who has the duty to take, 248
or cause the taking of, fingerprints and photographs under 249
divisions (B)(1) and (2) of this section, the bureau of criminal 250
identification and investigation shall take, or assist in the 251
taking of, the required fingerprints and photographs.252

       (D) As used in this section, "DNA specimen" and "unidentified 253
person database" have the same meanings as in section 109.573 of 254
the Revised Code.255

       Sec.  2152.74.  (A) As used in this section, "DNA analysis"256
and "DNA specimen" have the same meanings as in section 109.573 of257
the Revised Code.258

       (B)(1) A child who is adjudicated a delinquent child for259
committing an act listed in division (D) of this section and who260
is committed to the custody of the department of youth services,261
placed in a detention facility or district detention facility262
pursuant to division (A)(3) of section 2152.19 of the Revised263
Code, or placed in a school, camp, institution, or other facility 264
for delinquent children described in division (A)(2) of section 265
2152.19 of the Revised Code shall submit to a DNA specimen 266
collection procedure administered by the director of youth 267
services if committed to the department or by the chief268
administrative officer of the detention facility, district269
detention facility, school, camp, institution, or other facility270
for delinquent children to which the child was committed or in271
which the child was placed. If the court commits the child to the272
department of youth services, the director of youth services shall273
cause the DNA specimen to be collected from the child during the274
intake process at an institution operated by or under the control275
of the department. If the court commits the child to or places the 276
child in a detention facility, district detention facility,277
school, camp, institution, or other facility for delinquent278
children, the chief administrative officer of the detention279
facility, district detention facility, school, camp, institution,280
or facility to which the child is committed or in which the child281
is placed shall cause the DNA specimen to be collected from the282
child during the intake process for the detention facility,283
district detention facility, school, camp, institution, or284
facility. In accordance with division (C) of this section, the285
director or the chief administrative officer shall cause the DNA286
specimen to be forwarded to the bureau of criminal identification287
and investigation no later than fifteen days after the date of the288
collection of the DNA specimen. The DNA specimen shall be289
collected from the child in accordance with division (C) of this290
section.291

       (2) If a child is adjudicated a delinquent child for292
committing an act listed in division (D) of this section, is293
committed to or placed in the department of youth services, a294
detention facility or district detention facility, or a school,295
camp, institution, or other facility for delinquent children, and296
does not submit to a DNA specimen collection procedure pursuant to297
division (B)(1) of this section, prior to the child's release from298
the custody of the department of youth services, from the custody299
of the detention facility or district detention facility, or from300
the custody of the school, camp, institution, or facility, the301
child shall submit to, and the director of youth services or the302
chief administrator of the detention facility, district detention303
facility, school, camp, institution, or facility to which the304
child is committed or in which the child was placed shall305
administer, a DNA specimen collection procedure at the institution306
operated by or under the control of the department of youth307
services or at the detention facility, district detention308
facility, school, camp, institution, or facility to which the309
child is committed or in which the child was placed. In accordance310
with division (C) of this section, the director or the chief311
administrative officer shall cause the DNA specimen to be312
forwarded to the bureau of criminal identification and313
investigation no later than fifteen days after the date of the314
collection of the DNA specimen. The DNA specimen shall be315
collected in accordance with division (C) of this section.316

       (3) If a child is adjudicated a delinquent child for 317
committing an act listed in division (D) of this section, is not 318
committed to or placed in the department of youth services, a 319
detention facility or district detention facility, or a school, 320
camp, institution, or other facility for delinquent children 321
described in division (A)(2) or (3) of section 2152.19 of the 322
Revised Code, and does not provide a DNA specimen pursuant to 323
division (B)(1) or (2) of this section, the juvenile court shall 324
order the child to report to the county probation department 325
immediately after disposition to submit to a DNA specimen 326
collection procedure administered by the chief administrative 327
officer of the county probation department. The DNA specimen shall 328
be collected from the child in accordance with division (C) of 329
this section.330

       (C) If the DNA specimen is collected by withdrawing blood331
from the child or a similarly invasive procedure, a physician,332
registered nurse, licensed practical nurse, duly licensed clinical333
laboratory technician, or other qualified medical practitioner334
shall collect in a medically approved manner the DNA specimen335
required to be collected pursuant to division (B) of this section.336
If the DNA specimen is collected by swabbing for buccal cells or a337
similarly noninvasive procedure, this section does not require338
that the DNA specimen be collected by a qualified medical339
practitioner of that nature. No later than fifteen days after the340
date of the collection of the DNA specimen, the director of youth341
services or the chief administrative officer of the detention342
facility, district detention facility, school, camp, institution,343
or other facility for delinquent children to which the child is344
committed or in which the child was placed shall cause the DNA345
specimen to be forwarded to the bureau of criminal identification346
and investigation in accordance with procedures established by the347
superintendent of the bureau under division (H) of section 109.573348
of the Revised Code. The bureau shall provide the specimen vials,349
mailing tubes, labels, postage, and instruction needed for the350
collection and forwarding of the DNA specimen to the bureau.351

       (D) The director of youth services and the chief352
administrative officer of a detention facility, district detention353
facility, school, camp, institution, or other facility for354
delinquent children shall cause a DNA specimen to be collected in355
accordance with divisions (B) and (C) of this section from each356
child in its custody who is adjudicated a delinquent child for357
committing any of the following acts:358

       (1) A violation of section 2903.01, 2903.02, 2903.11,359
2905.01, 2907.02, 2907.03, 2907.05, 2911.01, 2911.02, 2911.11, or360
2911.12 of the Revised CodeAn act that would be a felony if 361
committed by an adult;362

       (2) A violation of section 2907.12 of the Revised Code as it363
existed prior to September 3, 1996;364

       (3) An attempt to commit a violation of section 2903.01,365
2903.02, 2907.02, 2907.03, or 2907.05 of the Revised Code or to366
commit a violation of section 2907.12 of the Revised Code as it367
existed prior to September 3, 1996;368

       (4) A violation of any law that would be a misdemeanor if 369
committed by an adult and that arose out of the same facts and370
circumstances and same act as did a charge against the child of a 371
violation of section 2903.01, 2903.02, 2905.01, 2907.02, 2907.03,372
2907.05, or 2911.11 of the Revised Code that previously was 373
dismissed or amended or as did a charge against the child of a374
violation of section 2907.12 of the Revised Code as it existed375
prior to September 3, 1996, that previously was dismissed or376
amended;377

       (5)(3) A violation of section 2905.02 or 2919.23 of the378
Revised Code that would be a misdemeanor if committed by an adult 379
and that would have been a violation of section 2905.04 of the380
Revised Code as it existed prior to July 1, 1996, had the381
violation been committed prior to that date;382

       (6) A felony violation of any law that arose out of the same383
facts and circumstances and same act as did a charge against the384
child of a violation of section 2903.11, 2911.01, 2911.02, or385
2911.12 of the Revised Code that previously was dismissed or386
amended;387

       (7) A violation of section 2923.01 of the Revised Code388
involving a conspiracy to commit a violation of section 2903.01,389
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the390
Revised Code;391

       (8)(4) A violation of section 2923.03 of the Revised Code392
involving complicity in committing a violation of section 2903.01,393
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,394
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a395
violation of section 2907.12 of the Revised Code as it existed396
prior to September 3, 1996that would be a misdemeanor if 397
committed by an adult.398

       (E) The director of youth services and the chief399
administrative officer of a detention facility, district detention400
facility, school, camp, institution, or other facility for401
delinquent children is not required to comply with this section in402
relation to the following acts until the superintendent of the403
bureau of criminal identification and investigation gives agencies404
in the juvenile justice system, as defined in section 181.51 of405
the Revised Code, in the state official notification that the406
state DNA laboratory is prepared to accept DNA specimens of that407
nature:408

       (1) A violation of section 2903.11, 2911.01, 2911.02, or409
2911.12 of the Revised Code;410

       (2) An attempt to commit a violation of section 2903.01 or411
2903.02 of the Revised Code;412

       (3) A felony violation of any law that arose out of the same413
facts and circumstances and same act as did a charge against the414
child of a violation of section 2903.11, 2911.01, 2911.02, or415
2911.12 of the Revised Code that previously was dismissed or416
amended;417

       (4) A violation of section 2923.01 of the Revised Code418
involving a conspiracy to commit a violation of section 2903.01,419
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the420
Revised Code;421

       (5) A violation of section 2923.03 of the Revised Code422
involving complicity in committing a violation of section 2903.01,423
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,424
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a425
violation of section 2907.12 of the Revised Code as it existed426
prior to September 3, 1996.427

       Sec. 2743.191.  (A)(1) There is hereby created in the state428
treasury the reparations fund, which shall be used only for the429
following purposes:430

       (a) The payment of awards of reparations that are granted by431
the attorney general;432

       (b) The compensation of any personnel needed by the attorney433
general to administer sections 2743.51 to 2743.72 of the Revised434
Code;435

       (c) The compensation of witnesses as provided in division (J)436
of section 2743.65 of the Revised Code;437

       (d) Other administrative costs of hearing and determining438
claims for an award of reparations by the attorney general;439

       (e) The costs of administering sections 2907.28 and 2969.01440
to 2969.06 of the Revised Code;441

       (f) The costs of investigation and decision-making as442
certified by the attorney general;443

       (g) The provision of state financial assistance to victim444
assistance programs in accordance with sections 109.91 and 109.92445
of the Revised Code;446

       (h) The costs of paying the expenses of sex offense-related447
examinations and antibiotics pursuant to section 2907.28 of the448
Revised Code;449

       (i) The cost of printing and distributing the pamphlet450
prepared by the attorney general pursuant to section 109.42 of the451
Revised Code;452

       (j) Subject to division (D) of section 2743.71 of the Revised453
Code, the costs associated with the printing and providing of454
information cards or other printed materials to law enforcement455
agencies and prosecuting authorities and with publicizing the456
availability of awards of reparations pursuant to section 2743.71457
of the Revised Code;458

       (k) The payment of costs of administering a DNA specimen459
collection procedure pursuant to sectionsections 2152.74 of the 460
Revised Code in relation to any act identified in division (E)(1) 461
to (5) of that section and pursuant to section 2901.07 of the 462
Revised Code in relation to any act identified in division (E)(1) 463
to (5) of that section, of performing DNA analysis of those DNA464
specimens, and of entering the resulting DNA records regarding465
those analyses into the DNA database pursuant to section 109.573466
of the Revised Code;467

       (l) The payment of actual costs associated with initiatives 468
by the attorney general for the apprehension, prosecution, and 469
accountability of offenders, and the enhancing of services to 470
crime victims. The amount of payments made pursuant to division 471
(A)(1)(l) of this section during any given fiscal year shall not 472
exceed five per cent of the balance of the reparations fund at the 473
close of the immediately previous fiscal year.474

       (2) All costs paid pursuant to section 2743.70 of the Revised475
Code, the portions of license reinstatement fees mandated by476
division (F)(2)(b) of section 4511.191 of the Revised Code to be477
credited to the fund, the portions of the proceeds of the sale of478
a forfeited vehicle specified in division (C)(2) of section479
4503.234 of the Revised Code, payments collected by the department480
of rehabilitation and correction from prisoners who voluntarily481
participate in an approved work and training program pursuant to482
division (C)(8)(b)(ii) of section 5145.16 of the Revised Code, and483
all moneys collected by the state pursuant to its right of484
subrogation provided in section 2743.72 of the Revised Code shall485
be deposited in the fund.486

       (B) In making an award of reparations, the attorney general487
shall render the award against the state. The award shall be488
accomplished only through the following procedure, and the489
following procedure may be enforced by writ of mandamus directed490
to the appropriate official:491

       (1) The attorney general shall provide for payment of the492
claimant or providers in the amount of the award only if the 493
amount of the award is fifty dollars or more.494

       (2) The expense shall be charged against all available495
unencumbered moneys in the fund.496

       (3) If sufficient unencumbered moneys do not exist in the497
fund, the attorney general shall make application for payment of498
the award out of the emergency purposes account or any other499
appropriation for emergencies or contingencies, and payment out of500
this account or other appropriation shall be authorized if there501
are sufficient moneys greater than the sum total of then pending502
emergency purposes account requests or requests for releases from503
the other appropriations.504

       (4) If sufficient moneys do not exist in the account or any505
other appropriation for emergencies or contingencies to pay the506
award, the attorney general shall request the general assembly to507
make an appropriation sufficient to pay the award, and no payment508
shall be made until the appropriation has been made. The attorney509
general shall make this appropriation request during the current510
biennium and during each succeeding biennium until a sufficient511
appropriation is made. If, prior to the time that an appropriation 512
is made by the general assembly pursuant to this division, the 513
fund has sufficient unencumbered funds to pay the award or part of 514
the award, the available funds shall be used to pay the award or 515
part of the award, and the appropriation request shall be amended 516
to request only sufficient funds to pay that part of the award 517
that is unpaid.518

       (C) The attorney general shall not make payment on a decision519
or order granting an award until all appeals have been determined 520
and all rights to appeal exhausted, except as otherwise provided 521
in this section. If any party to a claim for an award of522
reparations appeals from only a portion of an award, and a523
remaining portion provides for the payment of money by the state,524
that part of the award calling for the payment of money by the525
state and not a subject of the appeal shall be processed for526
payment as described in this section.527

       (D) The attorney general shall prepare itemized bills for the 528
costs of printing and distributing the pamphlet the attorney529
general prepares pursuant to section 109.42 of the Revised Code.530
The itemized bills shall set forth the name and address of the531
persons owed the amounts set forth in them.532

       (E) As used in this section, "DNA analysis" and "DNA533
specimen" have the same meanings as in section 109.573 of the534
Revised Code.535

       Sec. 2901.07.  (A) As used in this section:536

       (1) "DNA analysis" and "DNA specimen" have the same meanings537
as in section 109.573 of the Revised Code.538

       (2) "Jail" and "community-based correctional facility" have539
the same meanings as in section 2929.01 of the Revised Code.540

       (3) "Post-release control" has the same meaning as in section541
2967.01 of the Revised Code.542

       (B)(1) A person who is convicted of or pleads guilty to a543
felony offense listed in division (D) of this section and who is544
sentenced to a prison term or to a community residential sanction545
in a jail or community-based correctional facility pursuant to546
section 2929.16 of the Revised Code, and a person who is convicted547
of or pleads guilty to a misdemeanor offense listed in division548
(D) of this section and who is sentenced to a term of imprisonment549
shall submit to a DNA specimen collection procedure administered550
by the director of rehabilitation and correction or the chief551
administrative officer of the jail or other detention facility in552
which the person is serving the term of imprisonment. If the553
person serves the prison term in a state correctional institution,554
the director of rehabilitation and correction shall cause the DNA555
specimen to be collected from the person during the intake process556
at the reception facility designated by the director. If the557
person serves the community residential sanction or term of558
imprisonment in a jail, a community-based correctional facility,559
or another county, multicounty, municipal, municipal-county, or560
multicounty-municipal detention facility, the chief administrative561
officer of the jail, community-based correctional facility, or562
detention facility shall cause the DNA specimen to be collected563
from the person during the intake process at the jail,564
community-based correctional facility, or detention facility. In565
accordance with division (C) of this section, the director or the566
chief administrative officer shall cause the DNA specimen to be567
forwarded to the bureau of criminal identification and568
investigation no later than fifteen days after the date of the569
collection of the DNA specimen. The DNA specimen shall be570
collected in accordance with division (C) of this section.571

       (2) If a person is convicted of or pleads guilty to ana 572
felony offense or a misdemeanor offense listed in division (D) of 573
this section, is serving a prison term, community residential 574
sanction, or term of imprisonment for that offense, and does not 575
provide a DNA specimen pursuant to division (B)(1) of this 576
section, prior to the person's release from the prison term, 577
community residential sanction, or imprisonment, the person shall 578
submit to, and the director of rehabilitation and correction or 579
the chief administrative officer of the jail, community-based580
correctional facility, or detention facility in which the person 581
is serving the prison term, community residential sanction, or 582
term of imprisonment shall administer, a DNA specimen collection583
procedure at the state correctional institution, jail, 584
community-based correctional facility, or detention facility in 585
which the person is serving the prison term, community residential 586
sanction, or term of imprisonment. In accordance with division (C) 587
of this section, the director or the chief administrative officer 588
shall cause the DNA specimen to be forwarded to the bureau of 589
criminal identification and investigation no later than fifteen 590
days after the date of the collection of the DNA specimen. The DNA 591
specimen shall be collected in accordance with division (C) of 592
this section.593

       (3)(a) If a person sentenced to a term of imprisonment or594
serving a prison term or community residential sanction for 595
committing anis convicted of or pleads guilty to a felony offense 596
or a misdemeanor offense listed in division (D) of this section 597
and the person is on probation, is released on parole, under598
transitional control, or on another type of release, or ison 599
community control, on post-release control, if the person isor 600
under any other type of supervised release under the supervision 601
of a probation department or the adult parole authority, ifthe 602
person shall submit to a DNA specimen collection procedure 603
administered by the chief administrative officer of the probation 604
department or the adult parole authority. The DNA specimen shall 605
be collected in accordance with division (C) of this section. If 606
the person refuses to submit to a DNA specimen collection 607
procedure as provided in this division, the person may be subject 608
to the provisions of section 2967.15 of the Revised Code.609

        (b) If the person is sent to jail or is returned to a jail,610
community-based correctional facility, or state correctional611
institution for a violation of the terms and conditions of the612
probation, parole, transitional control, other release, or613
post-release control, if the person was or will be serving a term614
of imprisonment, prison term, or community residential sanction615
for committing ana felony offense or for committing a misdemeanor616
offense listed in division (D) of this section, and if the person 617
did not provide a DNA specimen pursuant to division (B)(1) or, (2) 618
or (3)(a) of this section, the person shall submit to, and the619
director of rehabilitation and correction or the chief620
administrative officer of the jail or community-based correctional621
facility shall administer, a DNA specimen collection procedure at622
the jail, community-based correctional facility, or state623
correctional institution in which the person is serving the term624
of imprisonment, prison term, or community residential sanction.625
In accordance with division (C) of this section, the director or626
the chief administrative officer shall cause the DNA specimen to627
be forwarded to the bureau of criminal identification and628
investigation no later than fifteen days after the date of the629
collection of the DNA specimen. The DNA specimen shall be630
collected from the person in accordance with division (C) of this631
section.632

       (4) If a person is convicted of or pleads guilty to a felony 633
offense or a misdemeanor offense listed in division (D) of this 634
section, the person is not sentenced to a prison term, a community 635
residential sanction in a jail or community-based correctional 636
facility, a term of imprisonment, or any type of supervised 637
release under the supervision of a probation department or the 638
adult parole authority, and the person does not provide a DNA 639
specimen pursuant to division (B)(1), (2), (3)(a), or (3)(b) of 640
this section, the sentencing court shall order the person to 641
report to the county probation department immediately after 642
sentencing to submit to a DNA specimen collection procedure 643
administered by the chief administrative officer of the county 644
probation office. If the person is incarcerated at the time of 645
sentencing, the person shall submit to a DNA specimen collection 646
procedure administered by the director of rehabilitation and 647
correction or the chief administrative officer of the jail or 648
other detention facility in which the person is incarcerated. The 649
DNA specimen shall be collected in accordance with division (C) of 650
this section.651

       (C) If the DNA specimen is collected by withdrawing blood652
from the person or a similarly invasive procedure, a physician,653
registered nurse, licensed practical nurse, duly licensed clinical654
laboratory technician, or other qualified medical practitioner655
shall collect in a medically approved manner the DNA specimen656
required to be collected pursuant to division (B) of this section.657
If the DNA specimen is collected by swabbing for buccal cells or a658
similarly noninvasive procedure, this section does not require659
that the DNA specimen be collected by a qualified medical660
practitioner of that nature. No later than fifteen days after the661
date of the collection of the DNA specimen, the director of662
rehabilitation and correction or the chief administrative officer663
of the jail, community-based correctional facility, or other664
county, multicounty, municipal, municipal-county, or665
multicounty-municipal detention facility, in which the person is666
serving the prison term, community residential sanction, or term667
of imprisonment shall cause the DNA specimen to be forwarded to668
the bureau of criminal identification and investigation in669
accordance with procedures established by the superintendent of670
the bureau under division (H) of section 109.573 of the Revised671
Code. The bureau shall provide the specimen vials, mailing tubes,672
labels, postage, and instructions needed for the collection and673
forwarding of the DNA specimen to the bureau.674

       (D) The director of rehabilitation and correction and, the675
chief administrative officer of the jail, community-based676
correctional facility, or other county, multicounty, municipal,677
municipal-county, or multicounty-municipal detention facility, or 678
the chief administrative officer of a county probation department 679
or the adult parole authority shall cause a DNA specimen to be 680
collected in accordance with divisions (B) and (C) of this section 681
from a person in its custody or under its supervision who is 682
convicted of or pleads guilty to any felony offense or to any of 683
the following misdemeanor offenses:684

       (1) A misdemeanor violation, an attempt to commit a 685
misdemeanor violation, or complicity in committing a misdemeanor 686
violation of section 2903.01, 2903.02, 2903.11, 2905.01, 2907.02, 687
2907.03, 2907.04, 2907.05, 2911.01, 2911.02, 2911.11, or 2911.12688
of the Revised Code;689

       (2) A violation of section 2907.12 of the Revised Code as it690
existed prior to September 3, 1996;691

       (3) An attempt to commit a violation of section 2903.01,692
2903.02, 2907.02, 2907.03, 2907.04, or 2907.05 of the Revised Code693
or to commit a violation of section 2907.12 of the Revised Code as694
it existed prior to September 3, 1996;695

       (4) A misdemeanor violation of any law that arose out of the 696
same facts and circumstances and same act as did a charge against 697
the person of a violation of section 2903.01, 2903.02, 2905.01,698
2907.02, 2907.03, 2907.04, 2907.05, or 2911.11 of the Revised Code699
that previously was dismissed or amended or as did a charge 700
against the person of a violation of section 2907.12 of the 701
Revised Code as it existed prior to September 3, 1996, that 702
previously was dismissed or amended;703

       (5)(3) A misdemeanor violation of section 2905.02 or 2919.23 704
of the Revised Code that would have been a violation of section 705
2905.04 of the Revised Code as it existed prior to July 1, 1996, 706
had it been committed prior to that date;707

       (6)(4) A sexually oriented offense or a child-victim oriented 708
offense, both as defined in section 2950.01 of the Revised Code, 709
that is a misdemeanor, if, in relation to that offense, the710
offender has been adjudicated a sexual predator or a, child-victim 711
predator, bothhabitual sex offender, or habitual child-victim 712
offender, all as defined in section 2950.01 of the Revised Code;713

       (7) A felony violation of any law that arose out of the same714
facts and circumstances and same act as did a charge against the715
person of a violation of section 2903.11, 2911.01, 2911.02, or716
2911.12 of the Revised Code that previously was dismissed or717
amended;718

       (8) A conspiracy to commit a violation of section 2903.01,719
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the720
Revised Code;721

       (9) Complicity in committing a violation of section 2903.01,722
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,723
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a724
violation of section 2907.12 of the Revised Code as it existed725
prior to September 3, 1996.726

       (E) The director of rehabilitation and correction or a chief727
administrative officer of a jail, community-based correctional728
facility, or other detention facility described in division (B) of729
this section in relation to the following offenses is not required730
to comply with this section until the superintendent of the bureau731
of criminal identification and investigation gives agencies in the732
criminal justice system, as defined in section 181.51 of the733
Revised Code, in the state official notification that the state734
DNA laboratory is prepared to accept DNA specimens of that nature:735

       (1) A violation of section 2903.11, 2911.01, 2911.02, or736
2911.12 of the Revised Code;737

       (2) An attempt to commit a violation of section 2903.01 or738
2903.02 of the Revised Code;739

       (3) A felony violation of any law that arose out of the same740
facts and circumstances and same act as did a charge against the741
person of a violation of section 2903.11, 2911.01, 2911.02, or742
2911.12 of the Revised Code that previously was dismissed or743
amended;744

       (4) A conspiracy to commit a violation of section 2903.01,745
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the746
Revised Code;747

       (5) Complicity in committing a violation of section 2903.01,748
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,749
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a750
violation of section 2907.12 of the Revised Code as it existed751
prior to September 3, 1996may prescribe rules in accordance with 752
Chapter 119. of the Revised Code to collect a DNA specimen, as 753
provided in this section, from an offender whose supervision is 754
transferred from another state to this state in accordance with 755
the interstate compact for adult offender supervision described in 756
section 5149.21 of the Revised Code.757

       Sec. 2953.73. (A) An eligible inmate who wishes to request 758
DNA testing to be conducted under sections 2953.71 to 2953.81 of 759
the Revised Code shall submit an application for DNA testing on a 760
form prescribed by the attorney general for this purpose and shall 761
submit the form to the court of common pleas that sentenced the 762
inmate for the offense for which the inmate is an eligible inmate 763
and is requesting DNA testing. The eligible inmate shall submit 764
the application to that court of common pleas not later than one 765
yeartwo years after the effective date of this sectionOctober 766
29, 2003. No court of common pleas shall accept an application767
under this section after the expiration of the period of time768
specified in this division.769

       (B) If an eligible inmate submits an application for DNA770
testing under division (A) of this section, upon the submission of771
the application, all of the following apply:772

       (1) The eligible inmate shall serve a copy of the application 773
on the prosecuting attorney and the attorney general.774

       (2) The application shall be assigned to the judge of that775
court of common pleas who was the trial judge in the case in which 776
the eligible inmate was convicted of the offense for which the 777
inmate is requesting DNA testing, or, if that judge no longer is a 778
judge of that court, it shall be assigned according to court 779
rules. The judge to whom the application is assigned shall decide 780
the application. The application shall become part of the file in 781
the case.782

       (C) If an eligible inmate submits an application for DNA783
testing under division (A) of this section, regardless of whether 784
the inmate has commenced any federal habeas corpus proceeding 785
relative to the case in which the inmate was convicted of the 786
offense for which the inmate is an eligible inmate and is 787
requesting DNA testing, any response to the application by the 788
prosecuting attorney or the attorney general shall be filed not 789
later than forty-five days after the date on which the eligible 790
inmate submits the application. The prosecuting attorney or the 791
attorney general, or both, may, but are not required to, file a 792
response to the application. If the prosecuting attorney or the 793
attorney general files a response under this division, the 794
prosecuting attorney or attorney general, whoever filed the 795
response, shall serve a copy of the response on the eligible 796
inmate.797

       (D) If an eligible inmate submits an application for DNA798
testing under division (A) of this section, the court shall make799
the determination as to whether the application should be accepted800
or rejected. The court shall expedite its review of the 801
application. The court shall make the determination in accordance 802
with the criteria and procedures set forth in sections 2953.74 to 803
2953.81 of the Revised Code and, in making the determination, 804
shall consider the application, the supporting affidavits, and the 805
documentary evidence and, in addition to those materials, shall 806
consider all the files and records pertaining to the proceedings 807
against the applicant, including, but not limited to, the 808
indictment, the court's journal entries, the journalized records 809
of the clerk of the court, and the court reporter's transcript and 810
all responses to the application filed under division (C) of this 811
section by a prosecuting attorney or the attorney general, unless 812
the application and the files and records show the applicant is 813
not entitled to DNA testing, in which case the application may be 814
denied. The court is not required to conduct an evidentiary 815
hearing in conducting its review of, and in making its 816
determination as to whether to accept or reject, the application. 817
Upon making its determination, the court shall enter a judgment 818
and order that either accepts or rejects the application and that 819
includes within the judgment and order the reasons for the 820
acceptance or rejection as applied to the criteria and procedures 821
set forth in sections 2953.71 to 2953.81 of the Revised Code. The 822
court shall send a copy of the judgment and order to the eligible823
inmate who filed it, the prosecuting attorney, and the attorney824
general.825

       (E) A judgment and order of a court entered under division 826
(D) of this section is appealable only as provided in this 827
division. If an eligible inmate submits an application for DNA 828
testing under section 2953.73 of the Revised Code and the court of 829
common pleas rejects the application under division (D) of this 830
section, one of the following applies:831

       (a)(1) If the inmate was sentenced to death for the offense 832
for which the inmate claims to be an eligible inmate and is 833
requesting DNA testing, the inmate may seek leave of the supreme 834
court to appeal the rejection to the supreme court. Courts of 835
appeals do not have jurisdiction to review any rejection if the 836
inmate was sentenced to death for the offense for which the inmate 837
claims to be an eligible inmate and is requesting DNA testing.838

       (b)(2) If the inmate was not sentenced to death for the 839
offense for which the inmate claims to be an eligible inmate and 840
is requesting DNA testing, the rejection is a final appealable 841
order, and the inmate may appeal it to the court of appeals of the 842
district in which is located that court of common pleas.843

       (F) Notwithstanding any provision of law regarding fees and844
costs, no filing fee shall be required of, and no court costs845
shall be assessed against, an eligible offender who is indigent846
and who submits an application under this section.847

       (G) If a court rejects an eligible inmate's application for 848
DNA testing under division (D) of this section, unless the 849
rejection is overturned on appeal, no court shall require the 850
state to administer a DNA test under sections 2953.71 to 2953.81 851
of the Revised Code on the eligible inmate.852

       Sec. 2953.82.  (A) An inmate who pleaded guilty or no contest 853
to a felony offense that was committed prior to the effective date 854
of this sectionOctober 29, 2003 may request DNA testing under 855
this section regarding that offense if all of the following apply:856

       (1) The inmate was sentenced to a prison term or sentence of 857
death for that felony and, on the effective date of this section858
October 29, 2003, is in prison serving that prison term or under 859
that sentence of death.860

       (2) On the date on which the inmate files the application 861
requesting the testing with the court as described in division (B) 862
of this section, the inmate has at least one year remaining on the 863
prison term described in division (A)(1) of this section, or the 864
inmate is in prison under a sentence of death as described in that 865
division.866

        (B) An inmate who pleaded guilty or no contest to a felony 867
offense that was committed prior to the effective date of this 868
sectionOctober 29, 2003, who satisfies the criteria set forth in 869
division (A) of this section, and who wishes to request DNA 870
testing under this section shall submit, in accordance with this 871
division, an application for the testing to the court of common 872
pleas and the prosecuting attorney. The inmate shall specify on 873
the application the offense or offenses for which the inmate is 874
requesting the DNA testing under this section. Along with the 875
application, the inmate shall submit an acknowledgment that is 876
signed by the inmate. The application and acknowledgment required 877
under this division shall be the same application and 878
acknowledgment as are used by eligible inmates who request DNA 879
testing under sections 2953.71 to 2953.81 of the Revised Code.880

       The inmate shall file the application with the court of 881
common pleas not later than one yeartwo years after the effective 882
date of this sectionOctober 29, 2003. Upon filing the 883
application, the inmate shall serve a copy on the prosecuting 884
attorney.885

       (C) Within forty-five days after the filing of an application 886
for DNA testing under division (B) of this section, the 887
prosecuting attorney shall file a statement with the court that 888
indicates whether the prosecuting attorney agrees or disagrees 889
that the inmate should be permitted to obtain DNA testing under 890
this section. If the prosecuting attorney agrees that the inmate 891
should be permitted to obtain DNA testing under this section, all 892
of the following apply:893

       (1) The application and the written statement shall be 894
considered for all purposes as if they were an application for DNA 895
testing filed under section 2953.73 of the Revised Code that the 896
court accepted, and the court, the prosecuting attorney, the 897
attorney general, the inmate, law enforcement personnel, and all 898
other involved persons shall proceed regarding DNA testing for the 899
inmate pursuant to sections 2953.77 to 2953.81 of the Revised 900
Code, in the same manner as if the inmate was an eligible inmate 901
for whom an application for DNA testing had been accepted.902

       (2) Upon completion of the DNA testing, section 2953.81 of 903
the Revised Code applies.904

       (D) If the prosecuting attorney disagrees that the inmate 905
should be permitted to obtain DNA testing under this section, the 906
prosecuting attorney's disagreement is final and is not appealable 907
by any person to any court, and no court shall have authority, 908
without agreement of the prosecuting attorney, to order DNA 909
testing regarding that inmate and the offense or offenses for 910
which the inmate requested DNA testing in the application.911

       (E) If the prosecuting attorney fails to file a statement of 912
agreement or disagreement within the time provided in division (C) 913
of this section, the court may order the prosecuting attorney to 914
file a statement of that nature within fifteen days of the date of 915
the order.916

       Sec. 5120.021.  (A) The provisions of Chapter 5120. of the 917
Revised Code, as itthey existed prior to July 1, 1996, applies918
and that address the duration or potential duration of 919
incarceration or parole or other forms of supervised release, 920
apply to a personall persons upon whom a court imposed a term of 921
imprisonment prior to July 1, 1996, and a personall persons upon 922
whom a court, on or after July 1, 1996, and in accordance with law 923
existing prior to July 1, 1996, imposed a term of imprisonment for 924
an offense that was committed prior to July 1, 1996.925

       (B) The provisions of Chapter 5120. of the Revised Code, as 926
it existsthey exist on andor after the effective date of this 927
sectionJuly1, 1996, appliesand that address the duration or 928
potential duration of incarceration or supervised release, apply929
to a personall persons upon whom a court imposed a stated prison 930
term for an offense committed on or after the effective date of 931
this sectionJuly1, 1996.932

       (C) Nothing in this section limits or affects the 933
applicability of any provision in Chapter 5120. of the Revised 934
Code, as amended or enacted on or after July 1, 1996, that 935
pertains to an issue other than the duration or potential duration 936
of incarceration or supervised release, to persons in custody or 937
under the supervision of the department of rehabilitation and 938
correction.939

       Section 2. That existing sections 109.573, 313.08, 2152.74, 940
2743.191, 2901.07, 2953.73, 2953.82, and 5120.021 of the Revised 941
Code are hereby repealed.942

       Section 3.  The General Assembly hereby declares that its 943
purpose in amending section 5120.021 of the Revised Code in 944
Sections 1 and 2 of this act is to clarify the applicability of 945
the provisions in Chapter 5120. of the Revised Code that address 946
the duration or potential duration of incarceration and 947
supervision of offenders by the Department of Rehabilitation and 948
Correction, and to clarify the applicability of any other 949
provision in Chapter 5120. of the Revised Code amended or enacted 950
on or after July 1, 1996, to persons in custody or under 951
supervision of the Department. The General Assembly believes that 952
the amendments to section 5120.021 of the Revised Code made in 953
Sections 1 and 2 of this act are not substantive in nature, that 954
these amendments do not affect any substantive right of any 955
offender, and that the version of section 5120.021 of the Revised 956
Code resulting from this act is substantively the same as the 957
version of that section in existence immediately prior to the 958
effective date of this act.959

       Section 4.  Section 2743.191 of the Revised Code is presented 960
in this act as a composite of the section as amended by both Am. 961
Sub. H.B. 95 and Am. Sub. S.B. 5 of the 125th General Assembly. 962
The General Assembly, applying the principle stated in division 963
(B) of section 1.52 of the Revised Code that amendments are to be 964
harmonized if reasonably capable of simultaneous operation, finds 965
that the composite is the resulting version of the section in 966
effect prior to the effective date of the section as presented in 967
this act.968