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CORRECTED VERSION
As Passed by the House
122nd General Assembly
Regular Session
1997-1998 | Am. H. B. No. 526 |
REPRESENTATIVES CLANCY-TIBERI-COUGHLIN-PADGETT-CATES-GARCIA-
COLONNA-VAN VYVEN-LEWIS-THOMAS-ROMAN-WESTON-NETZLEY-O'BRIEN-
TAYLOR-JONES-PRINGLE-BOYD-LUCAS-FORD-CALLENDER-MYERS-
WILLAMOWSKI-MASON-WINKLER-TERWILLEGER-BATEMAN-REID-
GRENDELL-SALERNO-BRADING-CORE-HOUSEHOLDER-JOHNSON-
GARDNER-OPFER-DAMSCHRODER-BENDER-JOLIVETTE-MOTTL-
PATTON-VESPER-HARRIS-OLMAN
A BILL
To amend sections 2151.315 and 2901.07 of the Revised Code to expand the
circumstances under which a DNA specimen must be taken
from a convicted
offender or adjudicated delinquent
child.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2151.315 and 2901.07 of the Revised Code be amended
to read as follows:
Sec. 2151.315. (A) As used in this section, "DNA
analysis" and "DNA specimen" have the same meanings as in section
109.573 of the Revised Code.
(B)(1) A child who is adjudicated a delinquent child for committing an act
listed in division (D) of this section and who is committed to the custody of
the department of youth services or to a school, camp, institution,
or other facility for delinquent children described in division
(A)(3) of section 2151.355 of the Revised Code shall submit to a DNA
specimen collection procedure administered by the director of youth services
if committed to the department or by the chief administrative
officer of the school, camp, institution, or other facility for
delinquent children to which the child was committed. If the
court commits the child to the department of youth services, the
director of youth services shall cause the DNA specimen to be
collected from the child during the intake process at an institution
operated by or under the control of the department. If the
court commits the child to a school, camp, institution, or other
facility for delinquent children, the chief administrative
officer of the school, camp, institution, or facility to which
the child is committed shall cause the
DNA specimen to be collected
from the child during the intake process for the school, camp,
institution, or facility. In accordance with division (C) of this section,
the director or the chief administrative officer
shall cause the
DNA
specimen to be forwarded to
the bureau of criminal identification and investigation no later
than fifteen days after the date of the collection of the
DNA specimen. The DNA specimen shall be collected
from the child in accordance with division
(C) of this section.
(2) If a child is adjudicated a delinquent child for
committing an act
listed in division (D) of this section, is committed to the
department of youth
services or to a school, camp, institution, or other facility for
delinquent children, and does not submit to a DNA
specimen collection
procedure pursuant to division (B)(1) of this section, prior to the child's
release from the custody of the department of
youth services or from the custody of the school, camp,
institution, or facility, the child shall submit to, and the
director of youth services or the chief administrator of the
school, camp, institution, or facility to which the child is
committed shall administer, a DNA specimen collection
procedure at the institution operated by or under the control of
the department of youth services or at the school, camp, institution, or
facility to which the child is committed. In accordance with
division (C) of this section, the director or the
chief
administrative officer shall cause the DNA
specimen to be forwarded to the bureau of criminal identification and
investigation no later than fifteen days after the date of the collection of
the DNA specimen. The DNA specimen shall be collected in
accordance with division (C) of this section.
(C) A physician, registered nurse,
licensed practical nurse, duly licensed clinical laboratory technician, or
other qualified medical practitioner shall collect in a medically approved
manner the DNA specimen required to be collected pursuant to division
(B) of this section. No later than fifteen days after the date of
the collection of the DNA specimen, the
director of youth services or the chief
administrative officer of the school, camp, institution, or
other facility for delinquent children to which the child is
committed shall cause the DNA
specimen to be forwarded to the bureau of criminal
identification and
investigation in accordance with procedures established by the
superintendent
of the bureau under division (H) of section 109.573 of
the Revised Code. The bureau shall provide the
specimen vials, mailing tubes, labels, postage, and instruction
needed for the collection and
forwarding of the DNA specimen to the bureau.
(D) The director of youth services and the chief administrative
officer of a school, camp, institution, or other facility for delinquent
children shall cause a DNA specimen to be collected in accordance
with divisions (B) and (C) of this section from each child
in its custody who is adjudicated a delinquent child for committing any
of the following
acts:
(1) A violation of section 2903.01, 2903.02, 2905.01,
2907.02, 2907.03, 2907.04, 2907.05, or
2911.11 of the Revised Code;
(2) A violation of section 2907.12 of the Revised Code as it existed prior to
September 3, 1996;
(3) An attempt to commit a violation of section 2907.02, 2907.03,
2907.04, or
2907.05 of the Revised Code or to commit a violation of
section 2907.12 of the Revised Code as it existed prior to September 3,
1996;
(4) A violation of any law that arose out of the same
facts and
circumstances and
same act as did a charge against the child of a violation
of section 2903.01, 2903.02, 2905.01, 2907.02, 2907.03, 2907.04,
or 2907.05, OR 2911.11 of the Revised Code
that previously was dismissed OR AMENDED or as did a charge against the
child of a violation of section 2907.12 of the Revised Code as it existed
prior to September 3, 1996, that previously was dismissed OR AMENDED;
(5) A violation of section 2905.02 or 2919.23 of the
Revised Code that would have been a
violation of section 2905.04 of the Revised Code as it existed prior to July
1, 1996, had the violation been committed prior to that date.
(E) The director of youth services and the chief administrative
officer of a school, camp, institution, or other facility for delinquent
children is not required to comply with this section until the superintendent
of the
bureau of criminal identification and investigation gives agencies in the
juvenile justice system, as defined in section 181.51 of the Revised Code, in
the state
official notification that the
state DNA laboratory is prepared to accept DNA
specimens.
Sec. 2901.07. (A) As used in this section:
(1) "DNA analysis" and "DNA specimen" have the same
meanings as in section 109.573 of the Revised Code.
(2) "Jail" and "community-based correctional facility" have the
same meanings as in section 2929.01 of the Revised Code.
(3) "Post-release control" has the same meaning as in section
2967.01
of the Revised Code.
(B)(1) A person who is convicted of or pleads
guilty to a felony offense listed in division
(D) of this section and who is
sentenced to a prison term or to a community residential sanction in a jail
or community-based correctional facility pursuant to section 2929.16 of the
Revised Code, and
a person who is convicted of or pleads guilty to a misdemeanor offense listed
in division (D) of this section and who is sentenced to a term of
imprisonment shall submit to a
DNA specimen collection
procedure administered by the director of rehabilitation and
correction or the chief administrative officer of the jail or other
detention facility in which the person is serving the
term of imprisonment. If the person serves the prison
term in a state correctional institution, the
director of rehabilitation and correction shall cause the
DNA specimen to be collected from the person during the intake
process at the reception
facility designated by the director. If the person serves the
community residential sanction or term of imprisonment in a jail, a
community-based correctional facility, or another county, multicounty,
municipal,
municipal-county, or multicounty-municipal detention facility, the chief
administrative officer of the jail,
community-based correctional facility, or detention
facility shall cause the
DNA specimen to be collected from the person during the intake
process at the jail, community-based correctional facility, or
detention facility. In accordance with
division (C) of this section, the director or
the chief administrative officer shall cause the
DNA specimen to be forwarded to the bureau of criminal identification
and investigation no later than fifteen days after the date of the collection
of the DNA specimen. The DNA specimen shall be collected in
accordance with division (C) of this section.
(2) If a person is convicted of or pleads guilty to
an offense listed in division (D) of this section, is
serving
a prison term, community residential sanction, or term of imprisonment
for that offense, and does not provide a DNA
specimen pursuant to division (B)(1) of this section, prior to the person's
release from the prison term, community residential sanction, or
imprisonment, the
person shall submit to, and THE director of rehabilitation and
correction or the chief administrative officer of the jail, community-based
correctional facility, or detention facility in which the person is serving
the
prison term, community residential sanction, or term of imprisonment
shall administer, a DNA specimen collection
procedure at the state correctional institution, jail, community-based
correctional facility, or detention facility in which the person is serving
the prison term, community
residential sanction, or term of imprisonment. In
accordance with division
(C) of this section, the director or
the chief administrative officer shall cause the DNA specimen to be
forwarded to the
bureau of criminal identification and investigation no later than fifteen days
after the date of the collection of the DNA specimen. The
DNA specimen shall be collected in accordance with division (C)
of this section.
(3) If a person serving a prison term or community
residential sanction for a felony is released on parole,
under transitional control, or
on another type of release or is on post-release control,
if the person is
under the supervision of the adult parole
authority, if the person is returned to a jail, community-based
correctional facility, or state correctional institution for a violation
of
the terms and conditions of the parole,
transitional control, other
release, or post-release control, if the person was or will be serving
a prison term or community residential
sanction for
committing an offense listed in division
(D) of this section, and if the person did
not provide a DNA specimen
pursuant to division (B)(1) or
(2) of this section, the person shall submit to, and the
director of rehabilitation and correction or the chief administrative
officer of the jail or community-based correctional facility shall
administer, a DNA
specimen collection
procedure at the jail, community-based correctional facility, or state
correctional institution in which the person is serving
the prison term or community residential
sanction. In accordance with
division (C) of this section,
the director or the chief
administrative officer shall cause the
DNA specimen to be forwarded to
the bureau of criminal identification and investigation no later
than fifteen days after the date of the collection of the
DNA specimen. The DNA specimen shall be collected from the
person in accordance with division
(C) of this section.
(C) A physician, registered
nurse, licensed practical nurse, duly licensed clinical laboratory technician,
or other qualified medical practitioner shall collect in a medically approved
manner the DNA specimen required to be collected pursuant to division
(B) of this section. No later than fifteen days after the date of
the collection of the DNA specimen, the director of rehabilitation
and correction or the chief administrative officer of the jail,
community-based correctional facility, or other county, multicounty,
municipal, municipal-county, or multicounty-municipal detention facility,
in which the person is serving the prison term,
community residential sanction, or term of imprisonment
shall cause the DNA specimen to be forwarded to the bureau of
criminal identification and investigation in accordance with procedures
established by the superintendent
of the bureau under division (H) of section 109.573 of the
Revised Code. The bureau shall provide the
specimen vials, mailing tubes, labels, postage, and instructions needed for
the collection and forwarding of the DNA specimen to the bureau.
(D) The director of rehabilitation and correction and the chief
administrative officer of the jail, community-based correctional facility,
or other county, multicounty, municipal,
municipal-county, or multicounty-municipal detention facility shall cause a
DNA specimen to be collected in
accordance
with divisions (B) and (C) of this section from a person in
its custody who is convicted of or pleads guilty to
any of the
following offenses:
(1) A violation of section 2903.01, 2903.02, 2905.01,
2907.02, 2907.03, 2907.04, 2907.05, or 2911.11 of the
Revised Code;
(2) A violation of section 2907.12 of the Revised Code as it existed prior to
September 3, 1996;
(3) An attempt to commit a violation of section 2907.02,
2907.03, 2907.04, or 2907.05 of the Revised Code
or to commit a violation of section 2907.12 of the Revised Code as it existed
prior to
September 3, 1996;
(4) A violation of any law that arose out of the same
facts and
circumstances and
same act as did a charge against the person of a violation of section
2903.01,
2903.02, 2905.01, 2907.02,
2907.03, 2907.04, or 2907.05, OR 2911.11 of the
Revised Code
that previously was dismissed OR AMENDED or as did a charge against the
person of a
violation of section 2907.12 of the Revised Code
as it existed prior to September 3,
1996, that previously was dismissed OR AMENDED;
(5) A violation of section 2905.02 or 2919.23 of the
Revised Code that would
have been a
violation of section 2905.04 of the Revised Code as it existed prior to July
1,
1996, had it been committed prior to that date;
(6) A sexually oriented offense, as defined in section
2950.01 of the
Revised Code, if, in relation to that offense, the offender
has been adjudicated as being a sexual predator, as defined in
section 2950.01 of the Revised Code.
(E) The director of rehabilitation and correction or a chief
administrative officer of a jail, community-based correctional facility, or
other detention facility described
in division (B) of this section
is not required to comply with this section until the superintendent of the
bureau of criminal identification and investigation gives agencies in the
criminal justice system, as defined in section 181.51 of the Revised Code, in
the state official notification that the state DNA laboratory is
prepared to accept DNA specimens.
Section 2. That existing sections 2151.315 and 2901.07 of the Revised Code are
hereby repealed.
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