As Introduced

129th General Assembly
Regular Session
2011-2012
S. B. No. 268


Senator Eklund 

Cosponsors: Senators Seitz, Patton, LaRose, Jones 

A BILL
To amend section 2901.07 of the Revised Code to 1
provide for the taking of a DNA sample from a 2
person who is charged with a felony but not 3
arrested for the offense or whose DNA sample 4
related to a felony offense was not taken when 5
required.6


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

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

       Sec. 2901.07.  (A) As used in this section:9

       (1) "DNA analysis" and "DNA specimen" have the same meanings 10
as in section 109.573 of the Revised Code.11

       (2) "Jail" and "community-based correctional facility" have 12
the same meanings as in section 2929.01 of the Revised Code.13

       (3) "Post-release control" has the same meaning as in section 14
2967.01 of the Revised Code.15

       (4) "Head of the arresting law enforcement agency" means 16
whichever of the following is applicable regarding the arrest in 17
question:18

       (a) If the arrest was made by a sheriff or a deputy sheriff, 19
the sheriff who made the arrest or who employs the deputy sheriff 20
who made the arrest;21

       (b) If the arrest was made by a law enforcement officer of a 22
law enforcement agency of a municipal corporation, the chief of 23
police, marshal, or other chief law enforcement officer of the 24
agency that employs the officer who made the arrest;25

       (c) If the arrest was made by a constable or a law 26
enforcement officer of a township police department or police 27
district police force, the constable who made the arrest or the 28
chief law enforcement officer of the department or agency that 29
employs the officer who made the arrest;30

       (d) If the arrest was made by the superintendent or a trooper 31
of the state highway patrol, the superintendent of the state 32
highway patrol;33

       (e) If the arrest was made by a law enforcement officer not 34
identified in division (A)(4)(a), (b), (c), or (d) of this 35
section, the chief law enforcement officer of the law enforcement 36
agency that employs the officer who made the arrest.37

       (5) "Detention facility" has the same meaning as in section 38
2921.01 of the Revised Code.39

       (B)(1)(a) On and after July 1, 2011, a person who is eighteen 40
years of age or older and who is arrested on or after July 1, 41
2011, for a felony offense shall submit to a DNA specimen 42
collection procedure administered by the head of the arresting law 43
enforcement agency. The head of the arresting law enforcement 44
agency shall cause the DNA specimen to be collected from the 45
person during the intake process at the jail, community-based 46
correctional facility, detention facility, or law enforcement 47
agency office or station to which the arrested person is taken 48
after the arrest. The head of the arresting law enforcement agency 49
shall cause the DNA specimen to be collected in accordance with 50
division (C) of this section.51

       (b) If a person who is charged with a felony on or after July 52
1, 2011, has not been arrested and first appears before a court or 53
magistrate in response to a summons, or if the head of the 54
arresting law enforcement agency has not administered a DNA 55
specimen collection procedure upon the person arrested for a 56
felony in accordance with division (B)(1)(a) of this section by 57
the time of the arraignment or first appearance of the person, the 58
court shall order the person to appear before the sheriff or chief 59
of police of the county or municipal corporation in which the 60
person resides within twenty-four hours to submit to a DNA 61
specimen collection procedure administered by the sheriff or chief 62
of police. The sheriff or chief of police shall cause the DNA 63
specimen to be collected from the person at the facility at which 64
is located the sheriff's or chief's office. The sheriff or chief 65
of police shall cause the DNA specimen to be collected in 66
accordance with division (C) of this section.67

       (c) Every court with jurisdiction over a case involving a 68
person with respect to whom division (B)(1)(a) or (b) of this 69
section requires the head of a law enforcement agency or a sheriff 70
or chief of police to administer a DNA specimen collection 71
procedure upon the person shall inquire at the time of the 72
person's sentencing whether or not the person has submitted to a 73
DNA specimen collection procedure pursuant to division (B)(1)(a) 74
or (b) of this section for the original arrest or court appearance 75
upon which the sentence is based. If the person has not submitted 76
to a DNA specimen collection procedure for the original arrest or 77
court appearance upon which the sentence is based, the court shall 78
order the person to appear before the sheriff or chief of police 79
of the county or municipal corporation in which the person resides 80
within twenty-four hours to submit to a DNA specimen collection 81
procedure administered by the sheriff or chief of police. The 82
sheriff or chief of police shall cause the DNA specimen to be 83
collected in accordance with division (C) of this section.84

       (d) If a person is in the custody of a law enforcement agency 85
or a detention facility, if the chief law enforcement officer or 86
chief administrative officer of the detention facility discovers 87
that a warrant has been issued or a bill of information has been 88
filed alleging the person to have committed an offense other than 89
the offense for which the person is in custody, and if the other 90
alleged offense is one for which a DNA specimen is to be collected 91
from the person pursuant to division (B)(1)(a) or (b) of this 92
section, the chief law enforcement officer or chief administrative 93
officer shall cause a DNA specimen to be collected from the person 94
at the facility at which is located the law enforcement agency or 95
at the detention facility, whichever is applicable. The chief law 96
enforcement officer or chief administrative officer shall cause 97
the DNA specimen to be collected in accordance with division (C) 98
of this section.99

       (2) Regardless of when the conviction occurred or the guilty 100
plea was entered, a person who has been convicted of, is convicted 101
of, has pleaded guilty to, or pleads guilty to a felony offense, 102
who is sentenced to a prison term or to a community residential 103
sanction in a jail or community-based correctional facility for 104
that offense pursuant to section 2929.16 of the Revised Code, and 105
who does not provide a DNA specimen pursuant to division (B)(1) of 106
this section, and a person who has been convicted of, is convicted 107
of, has pleaded guilty to, or pleads guilty to a misdemeanor 108
offense listed in division (D) of this section, who is sentenced 109
to a term of imprisonment for that offense, and who does not 110
provide a DNA specimen pursuant to division (B)(1) of this 111
section, shall submit to a DNA specimen collection procedure 112
administered by the director of rehabilitation and correction or 113
the chief administrative officer of the jail or other detention 114
facility in which the person is serving the term of imprisonment. 115
If the person serves the prison term in a state correctional 116
institution, the director of rehabilitation and correction shall 117
cause the DNA specimen to be collected from the person during the 118
intake process at the reception facility designated by the 119
director. If the person serves the community residential sanction 120
or term of imprisonment in a jail, a community-based correctional 121
facility, or another county, multicounty, municipal, 122
municipal-county, or multicounty-municipal detention facility, the 123
chief administrative officer of the jail, community-based 124
correctional facility, or detention facility shall cause the DNA 125
specimen to be collected from the person during the intake process 126
at the jail, community-based correctional facility, or detention 127
facility. The DNA specimen shall be collected in accordance with 128
division (C) of this section.129

       (3) Regardless of when the conviction occurred or the guilty 130
plea was entered, if a person has been convicted of, is convicted 131
of, has pleaded guilty to, or pleads guilty to a felony offense or 132
a misdemeanor offense listed in division (D) of this section, is 133
serving a prison term, community residential sanction, or term of 134
imprisonment for that offense, and does not provide a DNA specimen 135
pursuant to division (B)(1) or (2) of this section, prior to the 136
person's release from the prison term, community residential 137
sanction, or imprisonment, the person shall submit to, and the 138
director of rehabilitation and correction or the chief 139
administrative officer of the jail, community-based correctional 140
facility, or detention facility in which the person is serving the 141
prison term, community residential sanction, or term of 142
imprisonment shall administer, a DNA specimen collection procedure 143
at the state correctional institution, jail, community-based 144
correctional facility, or detention facility in which the person 145
is serving the prison term, community residential sanction, or 146
term of imprisonment. The DNA specimen shall be collected in 147
accordance with division (C) of this section.148

       (4)(a) Regardless of when the conviction occurred or the 149
guilty plea was entered, if a person has been convicted of, is 150
convicted of, has pleaded guilty to, or pleads guilty to a felony 151
offense or a misdemeanor offense listed in division (D) of this 152
section and the person is on probation, released on parole, under 153
transitional control, on community control, on post-release 154
control, or under any other type of supervised release under the 155
supervision of a probation department or the adult parole 156
authority for that offense, and did not provide a DNA specimen 157
pursuant to division (B)(1), (2), or (3) of this section, the 158
person shall submit to a DNA specimen collection procedure 159
administered by the chief administrative officer of the probation 160
department or the adult parole authority. The DNA specimen shall 161
be collected in accordance with division (C) of this section. If 162
the person refuses to submit to a DNA specimen collection 163
procedure as provided in this division, the person may be subject 164
to the provisions of section 2967.15 of the Revised Code.165

        (b) If a person to whom division (B)(4)(a) of this section 166
applies is sent to jail or is returned to a jail, community-based 167
correctional facility, or state correctional institution for a 168
violation of the terms and conditions of the probation, parole, 169
transitional control, other release, or post-release control, if 170
the person was or will be serving a term of imprisonment, prison 171
term, or community residential sanction for committing a felony 172
offense or for committing a misdemeanor offense listed in division 173
(D) of this section, and if the person did not provide a DNA 174
specimen pursuant to division (B)(1), (2), (3), or (4)(a) of this 175
section, the person shall submit to, and the director of 176
rehabilitation and correction or the chief administrative officer 177
of the jail or community-based correctional facility shall 178
administer, a DNA specimen collection procedure at the jail, 179
community-based correctional facility, or state correctional 180
institution in which the person is serving the term of 181
imprisonment, prison term, or community residential sanction. The 182
DNA specimen shall be collected from the person in accordance with 183
division (C) of this section.184

       (5) Regardless of when the conviction occurred or the guilty 185
plea was entered, if a person has been convicted of, is convicted 186
of, has pleaded guilty to, or pleads guilty to a felony offense or 187
a misdemeanor offense listed in division (D) of this section, the 188
person is not sentenced to a prison term, a community residential 189
sanction in a jail or community-based correctional facility, a 190
term of imprisonment, or any type of supervised release under the 191
supervision of a probation department or the adult parole 192
authority, and the person does not provide a DNA specimen pursuant 193
to division (B)(1), (2), (3), (4)(a), or (4)(b) of this section, 194
the sentencing court shall order the person to report to the 195
county probation department immediately after sentencing to submit 196
to a DNA specimen collection procedure administered by the chief 197
administrative officer of the county probation office. If the 198
person is incarcerated at the time of sentencing, the person shall 199
submit to a DNA specimen collection procedure administered by the 200
director of rehabilitation and correction or the chief 201
administrative officer of the jail or other detention facility in 202
which the person is incarcerated. The DNA specimen shall be 203
collected in accordance with division (C) of this section.204

       (C) If the DNA specimen is collected by withdrawing blood 205
from the person or a similarly invasive procedure, a physician, 206
registered nurse, licensed practical nurse, duly licensed clinical 207
laboratory technician, or other qualified medical practitioner 208
shall collect in a medically approved manner the DNA specimen 209
required to be collected pursuant to division (B) of this section. 210
If the DNA specimen is collected by swabbing for buccal cells or a 211
similarly noninvasive procedure, this section does not require 212
that the DNA specimen be collected by a qualified medical 213
practitioner of that nature. No later than fifteen days after the 214
date of the collection of the DNA specimen, the head of the 215
arresting law enforcement agency regarding a DNA specimen taken 216
pursuant to division (B)(1) of this section, the director of 217
rehabilitation and correction or the chief administrative officer 218
of the jail, community-based correctional facility, or other 219
county, multicounty, municipal, municipal-county, or 220
multicounty-municipal detention facility in which the person is 221
serving the prison term, community residential sanction, or term 222
of imprisonment regarding a DNA specimen taken pursuant to 223
division (B)(2), (3), or (4)(b) of this section, the chief 224
administrative officer of the probation department or the adult 225
parole authority regarding a DNA specimen taken pursuant to 226
division (B)(4)(a) of this section, or the chief administrative 227
officer of the county probation office, the director of 228
rehabilitation and correction, or the chief administrative officer 229
of the jail or other detention facility in which the person is 230
incarcerated regarding a DNA specimen taken pursuant to division 231
(B)(5) of this section, whichever is applicable, shall cause the 232
DNA specimen to be forwarded to the bureau of criminal 233
identification and investigation in accordance with procedures 234
established by the superintendent of the bureau under division (H) 235
of section 109.573 of the Revised Code. The bureau shall provide 236
the specimen vials, mailing tubes, labels, postage, and 237
instructions needed for the collection and forwarding of the DNA 238
specimen to the bureau.239

       (D) The DNA specimen collection duty set forth in division 240
(B)(1) of this section applies to any person who is eighteen years 241
of age or older and who is arrested on or after July 1, 2011, for 242
any felony offense. The DNA specimen collection duties set forth 243
in divisions (B)(2), (3), (4)(a), (4)(b), and (5) of this section 244
apply to any person who has been convicted of, is convicted of, 245
has pleaded guilty to, or pleads guilty to any felony offense or 246
any of the following misdemeanor offenses:247

       (1) A misdemeanor violation, an attempt to commit a 248
misdemeanor violation, or complicity in committing a misdemeanor 249
violation of section 2907.04 of the Revised Code;250

       (2) A misdemeanor violation of any law that arose out of the 251
same facts and circumstances and same act as did a charge against 252
the person of a violation of section 2903.01, 2903.02, 2905.01, 253
2907.02, 2907.03, 2907.04, 2907.05, or 2911.11 of the Revised Code 254
that previously was dismissed or amended or as did a charge 255
against the person of a violation of section 2907.12 of the 256
Revised Code as it existed prior to September 3, 1996, that 257
previously was dismissed or amended;258

       (3) A misdemeanor violation of section 2919.23 of the Revised 259
Code that would have been a violation of section 2905.04 of the 260
Revised Code as it existed prior to July 1, 1996, had it been 261
committed prior to that date;262

       (4) A sexually oriented offense or a child-victim oriented 263
offense, both as defined in section 2950.01 of the Revised Code, 264
that is a misdemeanor, if, in relation to that offense, the 265
offender is a tier III sex offender/child-victim offender, as 266
defined in section 2950.01 of the Revised Code.267

       (E) The director of rehabilitation and correction may 268
prescribe rules in accordance with Chapter 119. of the Revised 269
Code to collect a DNA specimen, as provided in this section, from 270
an offender whose supervision is transferred from another state to 271
this state in accordance with the interstate compact for adult 272
offender supervision described in section 5149.21 of the Revised 273
Code.274

       Section 2.  That existing section 2901.07 of the Revised 275
Code is hereby repealed.276