(B)(1)(a) On and after July 1, 2011, a person who is eighteen | 48 |
years of age or older and who is arrested on or after July 1, | 49 |
2011, for a felony offense shall submit to a DNA specimen | 50 |
collection procedure administered by the head of the arresting law | 51 |
enforcement agency. The head of the arresting law enforcement | 52 |
agency shall cause the DNA specimen to be collected from the | 53 |
person during the intake process at the jail, community-based | 54 |
correctional facility, detention facility, or law enforcement | 55 |
agency office or station to which the arrested person is taken | 56 |
after the arrest. The head of the arresting law enforcement agency | 57 |
shall cause the DNA specimen to be collected in accordance with | 58 |
division (C) of this section. | 59 |
(b) If a person who is charged with a felony on or after July | 60 |
1, 2011, has not been arrested and first appears before a court or | 61 |
magistrate in response to a summons, or if the head of the | 62 |
arresting law enforcement agency has not administered a DNA | 63 |
specimen collection procedure upon the person arrested for a | 64 |
felony in accordance with division (B)(1)(a) of this section by | 65 |
the time of the arraignment or first appearance of the person, the | 66 |
court shall order the person to appear before the sheriff or chief | 67 |
of police of the county or municipal corporation within | 68 |
twenty-four hours to submit to a DNA specimen collection procedure | 69 |
administered by the sheriff or chief of police. The sheriff or | 70 |
chief of police shall cause the DNA specimen to be collected from | 71 |
the person in accordance with division (C) of this section. | 72 |
(c) Every court with jurisdiction over a case involving a | 73 |
person with respect to whom division (B)(1)(a) or (b) of this | 74 |
section requires the head of a law enforcement agency or a sheriff | 75 |
or chief of police to administer a DNA specimen collection | 76 |
procedure upon the person shall inquire at the time of the | 77 |
person's sentencing whether or not the person has submitted to a | 78 |
DNA specimen collection procedure pursuant to division (B)(1)(a) | 79 |
or (b) of this section for the original arrest or court appearance | 80 |
upon which the sentence is based. If the person has not submitted | 81 |
to a DNA specimen collection procedure for the original arrest or | 82 |
court appearance upon which the sentence is based, the court shall | 83 |
order the person to appear before the sheriff or chief of police | 84 |
of the county or municipal corporation within twenty-four hours to | 85 |
submit to a DNA specimen collection procedure administered by the | 86 |
sheriff or chief of police. The sheriff or chief of police shall | 87 |
cause the DNA specimen to be collected in accordance with division | 88 |
(C) of this section. | 89 |
(d) If a person is in the custody of a law enforcement agency | 90 |
or a detention facility, if the chief law enforcement officer or | 91 |
chief administrative officer of the detention facility discovers | 92 |
that a warrant has been issued or a bill of information has been | 93 |
filed alleging the person to have committed an offense other than | 94 |
the offense for which the person is in custody, and if the other | 95 |
alleged offense is one for which a DNA specimen is to be collected | 96 |
from the person pursuant to division (B)(1)(a) or (b) of this | 97 |
section, the chief law enforcement officer or chief administrative | 98 |
officer shall cause a DNA specimen to be collected from the person | 99 |
in accordance with division (C) of this section. | 100 |
(2) Regardless of when the conviction occurred or the guilty | 101 |
plea was entered, a person who has been convicted of, is convicted | 102 |
of, has pleaded guilty to, or pleads guilty to a felony offense, | 103 |
who is sentenced to a prison term or to a community residential | 104 |
sanction in a jail or community-based correctional facility for | 105 |
that offense pursuant to section 2929.16 of the Revised Code, and | 106 |
who does not provide a DNA specimen pursuant to division (B)(1) of | 107 |
this section, and a person who has been convicted of, is convicted | 108 |
of, has pleaded guilty to, or pleads guilty to a misdemeanor | 109 |
offense listed in division (D) of this section, who is sentenced | 110 |
to a term of imprisonment for that offense, and who does not | 111 |
provide a DNA specimen pursuant to division (B)(1) of this | 112 |
section, shall submit to a DNA specimen collection procedure | 113 |
administered by the director of rehabilitation and correction or | 114 |
the chief administrative officer of the jail or other detention | 115 |
facility in which the person is serving the term of imprisonment. | 116 |
If the person serves the prison term in a state correctional | 117 |
institution, the director of rehabilitation and correction shall | 118 |
cause the DNA specimen to be collected from the person during the | 119 |
intake process at the reception facility designated by the | 120 |
director. If the person serves the community residential sanction | 121 |
or term of imprisonment in a jail, a community-based correctional | 122 |
facility, or another county, multicounty, municipal, | 123 |
municipal-county, or multicounty-municipal detention facility, the | 124 |
chief administrative officer of the jail, community-based | 125 |
correctional facility, or detention facility shall cause the DNA | 126 |
specimen to be collected from the person during the intake process | 127 |
at the jail, community-based correctional facility, or detention | 128 |
facility. The DNA specimen shall be collected in accordance with | 129 |
division (C) of this section. | 130 |
(3) Regardless of when the conviction occurred or the guilty | 131 |
plea was entered, if a person has been convicted of, is convicted | 132 |
of, has pleaded guilty to, or pleads guilty to a felony offense or | 133 |
a misdemeanor offense listed in division (D) of this section, is | 134 |
serving a prison term, community residential sanction, or term of | 135 |
imprisonment for that offense, and does not provide a DNA specimen | 136 |
pursuant to division (B)(1) or (2) of this section, prior to the | 137 |
person's release from the prison term, community residential | 138 |
sanction, or imprisonment, the person shall submit to, and the | 139 |
director of rehabilitation and correction or the chief | 140 |
administrative officer of the jail, community-based correctional | 141 |
facility, or detention facility in which the person is serving the | 142 |
prison term, community residential sanction, or term of | 143 |
imprisonment shall administer, a DNA specimen collection procedure | 144 |
at the state correctional institution, jail, community-based | 145 |
correctional facility, or detention facility in which the person | 146 |
is serving the prison term, community residential sanction, or | 147 |
term of imprisonment. The DNA specimen shall be collected in | 148 |
accordance with division (C) of this section. | 149 |
(4)(a) Regardless of when the conviction occurred or the | 150 |
guilty plea was entered, if a person has been convicted of, is | 151 |
convicted of, has pleaded guilty to, or pleads guilty to a felony | 152 |
offense or a misdemeanor offense listed in division (D) of this | 153 |
section and the person is on probation, released on parole, under | 154 |
transitional control, on community control, on post-release | 155 |
control, or under any other type of supervised release under the | 156 |
supervision of a probation department or the adult parole | 157 |
authority for that offense, and did not provide a DNA specimen | 158 |
pursuant to division (B)(1), (2), or (3) of this section, the | 159 |
person shall submit to a DNA specimen collection procedure | 160 |
administered by the chief administrative officer of the probation | 161 |
department or the adult parole authority. The DNA specimen shall | 162 |
be collected in accordance with division (C) of this section. If | 163 |
the person refuses to submit to a DNA specimen collection | 164 |
procedure as provided in this division, the person may be subject | 165 |
to the provisions of section 2967.15 of the Revised Code. | 166 |
(b) If a person to whom division (B)(4)(a) of this section | 167 |
applies is sent to jail or is returned to a jail, community-based | 168 |
correctional facility, or state correctional institution for a | 169 |
violation of the terms and conditions of the probation, parole, | 170 |
transitional control, other release, or post-release control, if | 171 |
the person was or will be serving a term of imprisonment, prison | 172 |
term, or community residential sanction for committing a felony | 173 |
offense or for committing a misdemeanor offense listed in division | 174 |
(D) of this section, and if the person did not provide a DNA | 175 |
specimen pursuant to division (B)(1), (2), (3), or (4)(a) of this | 176 |
section, the person shall submit to, and the director of | 177 |
rehabilitation and correction or the chief administrative officer | 178 |
of the jail or community-based correctional facility shall | 179 |
administer, a DNA specimen collection procedure at the jail, | 180 |
community-based correctional facility, or state correctional | 181 |
institution in which the person is serving the term of | 182 |
imprisonment, prison term, or community residential sanction. The | 183 |
DNA specimen shall be collected from the person in accordance with | 184 |
division (C) of this section. | 185 |
(5) Regardless of when the conviction occurred or the guilty | 186 |
plea was entered, if a person has been convicted of, is convicted | 187 |
of, has pleaded guilty to, or pleads guilty to a felony offense or | 188 |
a misdemeanor offense listed in division (D) of this section, the | 189 |
person is not sentenced to a prison term, a community residential | 190 |
sanction in a jail or community-based correctional facility, a | 191 |
term of imprisonment, or any type of supervised release under the | 192 |
supervision of a probation department or the adult parole | 193 |
authority, and the person does not provide a DNA specimen pursuant | 194 |
to division (B)(1), (2), (3), (4)(a), or (4)(b) of this section, | 195 |
the sentencing court shall order the person to report to the | 196 |
county probation department immediately after sentencing to submit | 197 |
to a DNA specimen collection procedure administered by the chief | 198 |
administrative officer of the county probation office. If the | 199 |
person is incarcerated at the time of sentencing, the person shall | 200 |
submit to a DNA specimen collection procedure administered by the | 201 |
director of rehabilitation and correction or the chief | 202 |
administrative officer of the jail or other detention facility in | 203 |
which the person is incarcerated. The DNA specimen shall be | 204 |
collected in accordance with division (C) of this section. | 205 |
(C) If the DNA specimen is collected by withdrawing blood | 206 |
from the person or a similarly invasive procedure, a physician, | 207 |
registered nurse, licensed practical nurse, duly licensed clinical | 208 |
laboratory technician, or other qualified medical practitioner | 209 |
shall collect in a medically approved manner the DNA specimen | 210 |
required to be collected pursuant to division (B) of this section. | 211 |
If the DNA specimen is collected by swabbing for buccal cells or a | 212 |
similarly noninvasive procedure, this section does not require | 213 |
that the DNA specimen be collected by a qualified medical | 214 |
practitioner of that nature. No later than fifteen days after the | 215 |
date of the collection of the DNA specimen, the head of the | 216 |
arresting law enforcement agency, the sheriff or chief of police, | 217 |
the chief law enforcement officer, or the chief administrative | 218 |
officer of the detention facility regarding a DNA specimen taken | 219 |
pursuant to division (B)(1) of this section, the director of | 220 |
rehabilitation and correction or the chief administrative officer | 221 |
of the jail, community-based correctional facility, or other | 222 |
county, multicounty, municipal, municipal-county, or | 223 |
multicounty-municipal detention facility in which the person is | 224 |
serving the prison term, community residential sanction, or term | 225 |
of imprisonment regarding a DNA specimen taken pursuant to | 226 |
division (B)(2), (3), or (4)(b) of this section, the chief | 227 |
administrative officer of the probation department or the adult | 228 |
parole authority regarding a DNA specimen taken pursuant to | 229 |
division (B)(4)(a) of this section, or the chief administrative | 230 |
officer of the county probation office, the director of | 231 |
rehabilitation and correction, or the chief administrative officer | 232 |
of the jail or other detention facility in which the person is | 233 |
incarcerated regarding a DNA specimen taken pursuant to division | 234 |
(B)(5) of this section, whichever is applicable, shall cause the | 235 |
DNA specimen to be forwarded to the bureau of criminal | 236 |
identification and investigation in accordance with procedures | 237 |
established by the superintendent of the bureau under division (H) | 238 |
of section 109.573 of the Revised Code. The bureau shall provide | 239 |
the specimen vials, mailing tubes, labels, postage, and | 240 |
instructions needed for the collection and forwarding of the DNA | 241 |
specimen to the bureau. | 242 |
(D) The DNA specimen collection duty set forth in division | 243 |
(B)(1) of this section applies to any person who is eighteen years | 244 |
of age or older and who is arrested on or after July 1, 2011, for | 245 |
is arrested for or charged with any felony offense or is in any | 246 |
other circumstance described in that division. The DNA specimen | 247 |
collection duties set forth in divisions (B)(2), (3), (4)(a), | 248 |
(4)(b), and (5) of this section apply to any person who has been | 249 |
convicted of, is convicted of, has pleaded guilty to, or pleads | 250 |
guilty to any felony offense or any of the following misdemeanor | 251 |
offenses: | 252 |
(2) A misdemeanor violation of any law that arose out of the | 256 |
same facts and circumstances and same act as did a charge against | 257 |
the person of a violation of section 2903.01, 2903.02, 2905.01, | 258 |
2907.02, 2907.03, 2907.04, 2907.05, or 2911.11 of the Revised Code | 259 |
that previously was dismissed or amended or as did a charge | 260 |
against the person of a violation of section 2907.12 of the | 261 |
Revised Code as it existed prior to September 3, 1996, that | 262 |
previously was dismissed or amended; | 263 |
(D) "Official records" means all records that are possessed | 295 |
by any public office or agency that relate to a criminal case, | 296 |
including, but not limited to: the notation to the case in the | 297 |
criminal docket; all subpoenas issued in the case; all papers and | 298 |
documents filed by the defendant or the prosecutor in the case; | 299 |
all records of all testimony and evidence presented in all | 300 |
proceedings in the case; all court files, papers, documents, | 301 |
folders, entries, affidavits, or writs that pertain to the case; | 302 |
all computer, microfilm, microfiche, or microdot records, indices, | 303 |
or references to the case; all index references to the case; all | 304 |
fingerprints and photographs; all DNA specimens, DNA records, and | 305 |
DNA profiles; all records and investigative reports pertaining to | 306 |
the case that are possessed by any law enforcement officer or | 307 |
agency, except that any records or reports that are the specific | 308 |
investigatory work product of a law enforcement officer or agency | 309 |
are not and shall not be considered to be official records when | 310 |
they are in the possession of that officer or agency; and all | 311 |
investigative records and reports other than those possessed by a | 312 |
law enforcement officer or agency pertaining to the case. | 313 |
"Official records" does not include records or reports maintained | 314 |
pursuant to section 2151.421 of the Revised Code by a public | 315 |
children services agency or the department of job and family | 316 |
services. | 317 |
Sec. 2953.52. (A)(1) Any person, who is found not guilty of | 323 |
an offense by a jury or a court or who is the defendant named in a | 324 |
dismissed complaint, indictment, or information, may apply to the | 325 |
court for an order to seal
histhe person's official records in | 326 |
the case. Except as provided in section 2953.61 of the Revised | 327 |
Code, the application may be filed at any time after the finding | 328 |
of not guilty or the dismissal of the complaint, indictment, or | 329 |
information is entered upon the minutes of the court or the | 330 |
journal, whichever entry occurs first. | 331 |
(3) If the court determines after complying with division | 369 |
(B)(2)(a) of this section that the person was found not guilty in | 370 |
the case, that the complaint, indictment, or information in the | 371 |
case was dismissed with prejudice, or that the complaint, | 372 |
indictment, or information in the case was dismissed without | 373 |
prejudice and that the relevant statute of limitations has | 374 |
expired, the court shall issue an order to the superintendent of | 375 |
the bureau of criminal identification and investigation directing | 376 |
that the superintendent seal or cause to be sealed the official | 377 |
records in the case consisting of DNA specimens that are in the | 378 |
possession of the bureau and all DNA records and DNA profiles. The | 379 |
determinations and considerations described in divisions | 380 |
(B)(2)(b), (c), and (d) of this section do not apply with respect | 381 |
to a determination of the court described in this division. | 382 |
(4) The determinations described in this division are | 383 |
separate from the determination described in division (B)(3) of | 384 |
this section. If the court determines, after complying with | 385 |
division (B)(2) of this section, that the person was found not | 386 |
guilty in the case, that the complaint, indictment, or information | 387 |
in the case was dismissed, or that a no bill was returned in the | 388 |
case and that the appropriate period of time has expired from the | 389 |
date of the report to the court of the no bill by the
foreman | 390 |
foreperson or deputy
foremanforeperson of the grand jury; that no | 391 |
criminal proceedings are pending against the person; and the | 392 |
interests of the person in having the records pertaining to the | 393 |
case sealed are not outweighed by any legitimate governmental | 394 |
needs to maintain such records, or if division (E)(2)(b) of | 395 |
section 4301.69 of the Revised Code applies, in addition to the | 396 |
order required under division (B)(3) of this section, the court | 397 |
shall issue an order directing that all official records | 398 |
pertaining to the case be sealed and that, except as provided in | 399 |
section 2953.53 of the Revised Code, the proceedings in the case | 400 |
be deemed not to have occurred. | 401 |
Sec. 2953.53. (A) The court shall send notice of any order | 407 |
to seal official records issued pursuant to division (B)(3) of | 408 |
section 2953.52 of the Revised Code to the bureau of criminal | 409 |
identification and investigation and shall send notice of any | 410 |
order issued pursuant to division (B)(4) of that section to any | 411 |
public office or agency that the court knows or has reason to | 412 |
believe may have any record of the case, whether or not it is an | 413 |
official record, that is the subject of the order. The notice | 414 |
shall be sent by certified mail, return receipt requested. | 415 |
(D) Upon receiving a copy of an order to seal official | 428 |
records pursuant to division (A) or (B) of this section or upon | 429 |
otherwise becoming aware of an applicable order to seal official | 430 |
records issued pursuant to section 2953.52 of the Revised Code, a | 431 |
public office or agency shall comply with the order and, if | 432 |
applicable, with the provisions of section 2953.54 of the Revised | 433 |
Code, except that it may maintain a record of the case that is the | 434 |
subject of the order if the record is maintained for the purpose | 435 |
of compiling statistical data only and does not contain any | 436 |
reference to the person who is the subject of the case and the | 437 |
order. | 438 |
A public office or agency also may maintain an index of | 439 |
sealed official records, in a form similar to that for sealed | 440 |
records of conviction as set forth in division (F) of section | 441 |
2953.32 of the Revised Code, access to which may not be afforded | 442 |
to any person other than the person who has custody of the sealed | 443 |
official records. The sealed official records to which such an | 444 |
index pertains shall not be available to any person, except that | 445 |
the official records of a case that have been sealed may be made | 446 |
available to the following persons for the following purposes: | 447 |