As Introduced

127th General Assembly Regular Session 2007-2008

H. B. No. 467

Representative Strahorn 

Cosponsors: Representatives Batchelder, Evans, Skindell, Williams, S. 

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A BILL

To amend sections 2152.74 and 2901.07 of the Revised

1

Code to require the collection of a DNA specimen

2

from all persons who are convicted of, plead

3

guilty to, or are adjudicated a delinquent child

4

for a misdemeanor other than a misdemeanor for

5

which a citation is issued.

6

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

Section 1. That sections 2152.74 and 2901.07 of the Revised	7
Code be amended to read as follows:	8

Sec. 2152.74.  (A) As used in this section, "DNA analysis"	9
and "DNA specimen" have the same meanings as in section 109.573 of	10
the Revised Code.	11

(B)(1) A child who is adjudicated a delinquent child for	12
committing an act listed in division (D) of this section and who	13
is committed to the custody of the department of youth services,	14
placed in a detention facility or district detention facility	15
pursuant to division (A)(3) of section 2152.19 of the Revised	16
Code, or placed in a school, camp, institution, or other facility	17
for delinquent children described in division (A)(2) of section	18
2152.19 of the Revised Code shall submit to a DNA specimen	19
collection procedure administered by the director of youth	20
services if committed to the department or by the chief	21
administrative officer of the detention facility, district	22
detention facility, school, camp, institution, or other facility	23
for delinquent children to which the child was committed or in	24
which the child was placed. If the court commits the child to the	25
department of youth services, the director of youth services shall	26
cause the DNA specimen to be collected from the child during the	27
intake process at an institution operated by or under the control	28
of the department. If the court commits the child to or places the	29
child in a detention facility, district detention facility,	30
school, camp, institution, or other facility for delinquent	31
children, the chief administrative officer of the detention	32
facility, district detention facility, school, camp, institution,	33
or facility to which the child is committed or in which the child	34
is placed shall cause the DNA specimen to be collected from the	35
child during the intake process for the detention facility,	36
district detention facility, school, camp, institution, or	37
facility. The DNA specimen shall be collected from the child in	38
accordance with division (C) of this section.	39

(2) If a child is adjudicated a delinquent child for	40
committing an act listed in division (D) of this section, is	41
committed to or placed in the department of youth services, a	42
detention facility or district detention facility, or a school,	43
camp, institution, or other facility for delinquent children, and	44
does not submit to a DNA specimen collection procedure pursuant to	45
division (B)(1) of this section, prior to the child's release from	46
the custody of the department of youth services, from the custody	47
of the detention facility or district detention facility, or from	48
the custody of the school, camp, institution, or facility, the	49
child shall submit to, and the director of youth services or the	50
chief administrator of the detention facility, district detention	51
facility, school, camp, institution, or facility to which the	52
child is committed or in which the child was placed shall	53
administer, a DNA specimen collection procedure at the institution	54
operated by or under the control of the department of youth	55
services or at the detention facility, district detention	56
facility, school, camp, institution, or facility to which the	57
child is committed or in which the child was placed. The DNA	58
specimen shall be collected in accordance with division (C) of	59
this section.	60

(3) If a child is adjudicated a delinquent child for	61
committing an act listed in division (D) of this section, is not	62
committed to or placed in the department of youth services, a	63
detention facility or district detention facility, or a school,	64
camp, institution, or other facility for delinquent children	65
described in division (A)(2) or (3) of section 2152.19 of the	66
Revised Code, and does not provide a DNA specimen pursuant to	67
division (B)(1) or (2) of this section, the juvenile court shall	68
order the child to report to the county probation department	69
immediately after disposition to submit to a DNA specimen	70
collection procedure administered by the chief administrative	71
officer of the county probation department. The DNA specimen shall	72
be collected from the child in accordance with division (C) of	73
this section.	74

(C) If the DNA specimen is collected by withdrawing blood	75
from the child or a similarly invasive procedure, a physician,	76
registered nurse, licensed practical nurse, duly licensed clinical	77
laboratory technician, or other qualified medical practitioner	78
shall collect in a medically approved manner the DNA specimen	79
required to be collected pursuant to division (B) of this section.	80
If the DNA specimen is collected by swabbing for buccal cells or a	81
similarly noninvasive procedure, this section does not require	82
that the DNA specimen be collected by a qualified medical	83
practitioner of that nature. No later than fifteen days after the	84
date of the collection of the DNA specimen, the director of youth	85
services or, the chief administrative officer of the detention	86
facility, district detention facility, school, camp, institution,	87
or other facility for delinquent children to which the child is	88
committed or in which the child was placed, or the chief	89
administrative officer of a county probation department shall	90
cause the DNA specimen to be forwarded to the bureau of criminal	91
identification and investigation in accordance with procedures	92
established by the superintendent of the bureau under division (H)	93
of section 109.573 of the Revised Code. The bureau shall provide	94
the specimen vials, mailing tubes, labels, postage, and	95
instruction needed for the collection and forwarding of the DNA	96
specimen to the bureau.	97

(D) The director of youth services and, the chief	98
administrative officer of a detention facility, district detention	99
facility, school, camp, institution, or other facility for	100
delinquent children, and the chief administrative officer of a	101
county probation department shall cause a DNA specimen to be	102
collected in accordance with divisions (B) and (C) of this section	103
from each child in its custody who is adjudicated a delinquent	104
child for committing any of the following acts:	105

(1) An act that would be a felony if committed by an adult;

106

(2) A violation of any law that would be a misdemeanor if	107
committed by an adult and that arose out of the same facts and	108
circumstances and same act as did a charge against the child of a	109
violation of section 2903.01, 2903.02, 2905.01, 2907.02, 2907.03,	110
2907.05, or 2911.11 of the Revised Code that previously was	111
dismissed or amended or as did a charge against the child of a	112
violation of section 2907.12 of the Revised Code as it existed	113
prior to September 3, 1996, that previously was dismissed or	114
amended;	115

(3) A violation of section 2919.23 of the Revised Code that	116
would be a misdemeanor if committed by an adult and that would	117
have been a violation of section 2905.04 of the Revised Code as it	118
existed prior to July 1, 1996, had the violation been committed	119
prior to that date;	120

(4) A violation of section 2923.03 of the Revised Code	121
involving complicity in committing a violation of section 2907.04	122
of the Revised Code that would be a misdemeanor if committed by an	123
adult;	124

(5) An act committed on and after the effective date of this	125
amendment that would be a misdemeanor if committed by an adult,	126
other than a misdemeanor for which a citation was issued pursuant	127
to section 2935.26 of the Revised Code.	128

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

129

(1) "DNA analysis" and "DNA specimen" have the same meanings	130
as in section 109.573 of the Revised Code.	131

(2) "Jail" and "community-based correctional facility" have	132
the same meanings as in section 2929.01 of the Revised Code.	133

(3) "Post-release control" has the same meaning as in section	134
2967.01 of the Revised Code.	135

(B)(1) Regardless of when the conviction occurred or the	136
guilty plea was entered, a person who has been convicted of, is	137
convicted of, has pleaded guilty to, or pleads guilty to a felony	138
offense and who is sentenced to a prison term or to a community	139
residential sanction in a jail or community-based correctional	140
facility for that offense pursuant to section 2929.16 of the	141
Revised Code, and a person who has been convicted of, is convicted	142
of, has pleaded guilty to, or pleads guilty to a misdemeanor	143
offense listed in division (D) of this section and who is	144
sentenced to a term of imprisonment for that offense shall submit	145
to a DNA specimen collection procedure administered by the	146
director of rehabilitation and correction or the chief	147
administrative officer of the jail or other detention facility in	148
which the person is serving the term of imprisonment. If the	149
person serves the prison term in a state correctional institution,	150
the director of rehabilitation and correction shall cause the DNA	151
specimen to be collected from the person during the intake process	152
at the reception facility designated by the director. If the	153
person serves the community residential sanction or term of	154
imprisonment in a jail, a community-based correctional facility,	155
or another county, multicounty, municipal, municipal-county, or	156
multicounty-municipal detention facility, the chief administrative	157
officer of the jail, community-based correctional facility, or	158
detention facility shall cause the DNA specimen to be collected	159
from the person during the intake process at the jail,	160
community-based correctional facility, or detention facility. The	161
DNA specimen shall be collected in accordance with division (C) of	162
this section.	163

(2) Regardless of when the conviction occurred or the guilty	164
plea was entered, if a person has been convicted of, is convicted	165
of, has pleaded guilty to, or pleads guilty to a felony offense or	166
a misdemeanor offense listed in division (D) of this section, is	167
serving a prison term, community residential sanction, or term of	168
imprisonment for that offense, and does not provide a DNA specimen	169
pursuant to division (B)(1) of this section, prior to the person's	170
release from the prison term, community residential sanction, or	171
imprisonment, the person shall submit to, and the director of	172
rehabilitation and correction or the chief administrative officer	173
of the jail, community-based correctional facility, or detention	174
facility in which the person is serving the prison term, community	175
residential sanction, or term of imprisonment shall administer, a	176
DNA specimen collection procedure at the state correctional	177
institution, jail, community-based correctional facility, or	178
detention facility in which the person is serving the prison term,	179
community residential sanction, or term of imprisonment. The DNA	180
specimen shall be collected in accordance with division (C) of	181
this section.	182

(3)(a) Regardless of when the conviction occurred or the	183
guilty plea was entered, if a person has been convicted of, is	184
convicted of, has pleaded guilty to, or pleads guilty to a felony	185
offense or a misdemeanor offense listed in division (D) of this	186
section and the person is on probation, released on parole, under	187
transitional control, on community control, on post-release	188
control, or under any other type of supervised release under the	189
supervision of a probation department or the adult parole	190
authority for that offense, the person shall submit to a DNA	191
specimen collection procedure administered by the chief	192
administrative officer of the probation department or the adult	193
parole authority. The DNA specimen shall be collected in	194
accordance with division (C) of this section. If the person	195
refuses to submit to a DNA specimen collection procedure as	196
provided in this division, the person may be subject to the	197
provisions of section 2967.15 of the Revised Code.	198

(b) If a person to whom division (B)(3)(a) of this section	199
applies is sent to jail or is returned to a jail, community-based	200
correctional facility, or state correctional institution for a	201
violation of the terms and conditions of the probation, parole,	202
transitional control, other release, or post-release control, if	203
the person was or will be serving a term of imprisonment, prison	204
term, or community residential sanction for committing a felony	205
offense or for committing a misdemeanor offense listed in division	206
(D) of this section, and if the person did not provide a DNA	207
specimen pursuant to division (B)(1), (2) or (3)(a) of this	208
section, the person shall submit to, and the director of	209
rehabilitation and correction or the chief administrative officer	210
of the jail or community-based correctional facility shall	211
administer, a DNA specimen collection procedure at the jail,	212
community-based correctional facility, or state correctional	213
institution in which the person is serving the term of	214
imprisonment, prison term, or community residential sanction. The	215
DNA specimen shall be collected from the person in accordance with	216
division (C) of this section.	217

(4) Regardless of when the conviction occurred or the guilty	218
plea was entered, if a person has been convicted of, is convicted	219
of, has pleaded guilty to, or pleads guilty to a felony offense or	220
a misdemeanor offense listed in division (D) of this section, the	221
person is not sentenced to a prison term, a community residential	222
sanction in a jail or community-based correctional facility, a	223
term of imprisonment, or any type of supervised release under the	224
supervision of a probation department or the adult parole	225
authority, and the person does not provide a DNA specimen pursuant	226
to division (B)(1), (2), (3)(a), or (3)(b) of this section, the	227
sentencing court shall order the person to report to the county	228
probation department immediately after sentencing to submit to a	229
DNA specimen collection procedure administered by the chief	230
administrative officer of the county probation office. If the	231
person is incarcerated at the time of sentencing, the person shall	232
submit to a DNA specimen collection procedure administered by the	233
director of rehabilitation and correction or the chief	234
administrative officer of the jail or other detention facility in	235
which the person is incarcerated. The DNA specimen shall be	236
collected in accordance with division (C) of this section.	237

(5)(a) If a person does not provide a DNA specimen pursuant	238
to division (B)(1), (2), (3)(a), (3)(b), or (4) of this section a	239
person who, on and after the effective date of this amendment, is	240
convicted of or pleads guilty to any offense that is a	241
misdemeanor, other than a misdemeanor for which a citation was	242
issued pursuant to section 2935.26 of the Revised Code, shall	243
submit to a DNA specimen collection procedure as follows:	244

(i) If the person is sentenced to a term of imprisonment for	245
that offense, the person shall submit, during the intake process,	246
to a DNA specimen collection procedure administered by the chief	247
administrative officer of the jail or other detention facility in	248
which the person is serving the term of imprisonment.	249

(ii) If the person is not sentenced to a term of imprisonment	250
for that offense, the sentencing court shall order the person to	251
report to the county probation department immediately after	252
sentencing and submit to a DNA specimen collection procedure	253
administered by the chief administrative officer of the county	254
probation department.	255

(b) The DNA specimen collected pursuant to division (B)(5)(a)	256
of this section shall be collected in accordance with division (C)	257
of this section.	258

(C) If the DNA specimen is collected by withdrawing blood	259
from the person or a similarly invasive procedure, a physician,	260
registered nurse, licensed practical nurse, duly licensed clinical	261
laboratory technician, or other qualified medical practitioner	262
shall collect in a medically approved manner the DNA specimen	263
required to be collected pursuant to division (B) of this section.	264
If the DNA specimen is collected by swabbing for buccal cells or a	265
similarly noninvasive procedure, this section does not require	266
that the DNA specimen be collected by a qualified medical	267
practitioner of that nature. No later than fifteen days after the	268
date of the collection of the DNA specimen, the director of	269
rehabilitation and correction or the chief administrative officer	270
of the jail, community-based correctional facility, or other	271
county, multicounty, municipal, municipal-county, or	272
multicounty-municipal detention facility, or county probation	273
department, in which the person is serving the prison term,	274
community residential sanction, or term of imprisonment shall	275
cause the DNA specimen to be forwarded to the bureau of criminal	276
identification and investigation in accordance with procedures	277
established by the superintendent of the bureau under division (H)	278
of section 109.573 of the Revised Code. The bureau shall provide	279
the specimen vials, mailing tubes, labels, postage, and	280
instructions needed for the collection and forwarding of the DNA	281
specimen to the bureau.	282

(D) The director of rehabilitation and correction, the chief	283
administrative officer of the jail, community-based correctional	284
facility, or other county, multicounty, municipal,	285
municipal-county, or multicounty-municipal detention facility, or	286
the chief administrative officer of a county probation department	287
or the adult parole authority shall cause a DNA specimen to be	288
collected in accordance with divisions (B) and (C) of this section	289
from a person in its custody or under its supervision who has been	290
convicted of, is convicted of, has pleaded guilty to, or pleads	291
guilty to any felony offense or any of the following misdemeanor	292
offenses:	293

(1) A misdemeanor violation, an attempt to commit a	294
misdemeanor violation, or complicity in committing a misdemeanor	295
violation of section 2907.04 of the Revised Code;	296

(2) A misdemeanor violation of any law that arose out of the	297
same facts and circumstances and same act as did a charge against	298
the person of a violation of section 2903.01, 2903.02, 2905.01,	299
2907.02, 2907.03, 2907.04, 2907.05, or 2911.11 of the Revised Code	300
that previously was dismissed or amended or as did a charge	301
against the person of a violation of section 2907.12 of the	302
Revised Code as it existed prior to September 3, 1996, that	303
previously was dismissed or amended;	304

(3) A misdemeanor violation of section 2919.23 of the Revised	305
Code that would have been a violation of section 2905.04 of the	306
Revised Code as it existed prior to July 1, 1996, had it been	307
committed prior to that date;	308

(4) A sexually oriented offense or a child-victim oriented	309
offense, both as defined in section 2950.01 of the Revised Code,	310
that is a misdemeanor, if, in relation to that offense, the	311
offender is a tier III sex offender/child-victim offender, as	312
defined in section 2950.01 of the Revised Code.	313

(E) The director of rehabilitation and correction may	314
prescribe rules in accordance with Chapter 119. of the Revised	315
Code to collect a DNA specimen, as provided in this section, from	316
an offender whose supervision is transferred from another state to	317
this state in accordance with the interstate compact for adult	318
offender supervision described in section 5149.21 of the Revised	319
Code.	320

Section 2. That existing sections 2152.74 and 2901.07 of the	321
Revised Code are hereby repealed.	322