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Sub. H. B. No. 427As Passed by the SenateAs Passed by the Senate
124th General Assembly | Regular Session | 2001-2002 |
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REPRESENTATIVES Womer Benjamin, Latta, Seitz, Willamowski, Jerse, Perry, Sferra, D. Miller, Hartnett, Hoops, Flannery, Distel, Webster, Sulzer, DeBose, Widowfield, Flowers, McGregor, Wolpert, G. Smith, Ogg, DePiero, Cirelli, Redfern, Patton, Carmichael, Hughes, Reidelbach, Schneider, Niehaus, Setzer, Coates, Kilbane, Roman, Barrett, Schmidt, Allen, Brown, Clancy, Metzger, Otterman, S. Smith, Salerno, Buehrer, Driehaus
SENATORS Herington, Oelslager, Hottinger, White, Spada, Austria, Harris, Robert Gardner
A BILL
To amend sections 109.573, 2152.74, 2743.191, 2901.07,
and 2935.01 and to enact sections 109.542 and
2935.011 of the Revised Code to expand the offenses
for which DNA specimens are collected from
delinquent children and criminal offenders, to
delay the implementation of the expansion of DNA
specimen collection until the Superintendent of the
Bureau of Criminal Identification and Investigation
gives official notification that the state DNA
laboratory is prepared to accept DNA specimens of
that nature, to
pay
the costs of DNA specimen
collection regarding the added offenses from the
Reparations Fund, to remove the
requirement that
DNA specimens be collected by
specified medical
practitioners in certain cases,
to expand the
circumstances in which a person
returning to
incarceration must submit to a DNA
specimen
collection procedure to include
misdemeanants
covered by the DNA Specimen
Collection Law who are
on probation, to provide
that service as an
investigator of the Bureau of Criminal
Identification and Investigation counts as peace
officer service
for purposes of maintaining a
current and valid peace officer
basic training
certificate and subjects the person to other peace
officer training-related laws, and to
include as
peace officers,
for certain purposes, investigators
of
the Bureau who have
received such a certificate
and who are
assisting law enforcement
officers.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.573, 2152.74, 2743.191,
2901.07,
and 2935.01 be amended and sections 109.542 and 2935.011 of the
Revised Code be enacted to read as follows:
Sec. 109.542. If an officer or employee of the bureau of
criminal identification and investigation is investigative
personnel of the bureau and has been awarded a certificate by the
executive director of the Ohio peace officer training commission
attesting to the officer's or employee's satisfactory completion
of an approved state, county, municipal, or department of natural
resources peace officer basic training program, both of the
following apply: (A) The officer or employee shall be considered a peace
officer during the term of the officer's or employee's appointment
or employment with the bureau in that capacity for the purposes of
maintaining a current and valid basic training certificate
pursuant to rules adopted under section 109.74 of the Revised
Code. (B) Sections 109.71 to 109.77 of the Revised Code apply to
the officer or employee as if the officer or employee was included
in the definition of "peace officer" set forth in section 109.71
of the Revised Code.
Sec. 109.573. (A) As used in this section: (1) "DNA" means human deoxyribonucleic acid. (2) "DNA analysis" means a laboratory analysis of a DNA
specimen to identify DNA characteristics and to create a
DNA
record. (3) "DNA database" means a collection of DNA records
from
forensic casework or from crime scenes, specimens from anonymous
and
unidentified sources, and
records collected pursuant to
sections 2152.74 and 2901.07 of the
Revised Code and a population
statistics database for
determining the frequency of occurrence of
characteristics in DNA
records. (4) "DNA record" means the objective result of a DNA
analysis of a DNA specimen, including representations of
DNA
fragment lengths, digital images of autoradiographs, discrete
allele assignment numbers, and other DNA specimen characteristics
that aid in establishing the identity of an individual. (5) "DNA specimen" includes human blood cells or
physiological
tissues or body fluids. (6) "Unidentified person database" means a collection of DNA
records, and, on and after
May 21, 1998, of fingerprint and
photograph records,
of unidentified human corpses, human remains,
or living individuals. (7) "Relatives of missing persons database" means a
collection
of DNA records of persons
related by consanguinity of
the first degree to a missing
person. (8) "Law enforcement agency" means a police department, the
office of a sheriff, the state highway patrol, a county
prosecuting attorney, or a federal, state, or local governmental
body that enforces criminal laws and that has employees who have
a
statutory power of arrest. (B)(1) The superintendent of the bureau of criminal
identification and investigation may do all of the following: (a) Establish and maintain a state DNA
laboratory to
perform
DNA analysis of DNA specimens; (b) Establish and maintain a DNA
database; (c) Establish and maintain an unidentified person
database
to aid in the establishment of the identity of unknown human
corpses,
human remains, or living individuals; (d) Establish and maintain a relatives of missing
persons
database for comparison with the unidentified person
database to
aid in the establishment of the identity of unknown
human corpses,
human remains, and living individuals. (2) If the bureau of criminal identification and
investigation establishes
and maintains a DNA laboratory and a DNA
database, the
bureau may use or disclose information regarding DNA
records for the
following purposes: (a) The bureau may disclose information to a law enforcement
agency for
purposes of identification. (b) The bureau shall disclose pursuant to a court
order
issued under section 3111.09 of the Revised Code any information
necessary to determine the existence of a parent
and child
relationship in an action brought under sections 3111.01 to
3111.18
of the Revised Code. (c) The bureau may use or disclose information from
the
population statistics database, for identification research
and
protocol development, or for quality control purposes. (3) If the bureau of criminal identification and
investigation
establishes and maintains a relatives of missing
persons
database, all of the following apply: (a) If a person has disappeared and has been
continuously
absent from the person's place of last domicile for
a thirty-day
or longer period of time without being heard from during the
period, persons related by consanguinity of the first
degree to
the missing person may submit to the
bureau a DNA specimen, the
bureau may include the
DNA record of the specimen
in the relatives
of missing persons database,
and, if the bureau does not include
the DNA record of the
specimen in the relatives of missing persons
database, the bureau shall retain
the DNA record for future
reference and
inclusion as appropriate in that database. (b) The bureau shall not charge a fee for the
submission of
a DNA
specimen pursuant to division (B)(3)(a) of this
section. (c)
A
If the DNA specimen submitted pursuant to division
(B)(3)(a) of this section is collected by withdrawing blood from
the person or a similarly invasive procedure, a physician,
registered nurse, licensed practical nurse,
duly licensed
clinical
laboratory technician, or other qualified
medical practitioner
shall
conduct the collection procedure for
the DNA specimen
submitted
pursuant to division
(B)(3)(a) of this
section and shall
collect the
DNA specimen in a medically
approved
manner.
If the
DNA specimen is collected by swabbing for buccal cells or a
similarly noninvasive procedure, division (B)(3)(c) of this
section does not require that the DNA specimen be collected by a
qualified medical practitioner of that nature. No later than
fifteen days after the date of
the
collection of the DNA
specimen,
the person conducting the
DNA
specimen collection
procedure 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 this section.
The bureau
may 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 superintendent, in the superintendent's
discretion,
may compare DNA
records in the relatives of missing persons
database with the
DNA records in the unidentified person database. (4) If the bureau of criminal identification and
investigation establishes and maintains an unidentified person
database and if the superintendent of the bureau
identifies a
matching DNA record for the DNA record of a
person or deceased
person whose
DNA record is contained in the
unidentified person
database, the superintendent shall inform
the coroner who
submitted or the law enforcement agency that submitted the
DNA
specimen to the bureau of
the match and, if possible, of the
identity of the unidentified person. (5) The bureau of criminal identification and investigation
may enter into a contract with a qualified public or private
laboratory to
perform DNA analyses, DNA specimen maintenance,
preservation, and storage, DNA record keeping, and other duties
required of the bureau under this section. A public or private
laboratory
under contract with the bureau shall follow quality
assurance and privacy
requirements established by the
superintendent of the bureau. (C) The superintendent of the bureau of criminal
identification
and investigation shall establish procedures for
entering into the
DNA
database the DNA records submitted pursuant
to sections 2152.74 and
2901.07 of the Revised Code and for
determining an order of priority for entry
of the
DNA records
based on the types of offenses committed by the persons
whose
records are submitted and the available resources of the bureau. (D) When a DNA record is derived from a DNA
specimen
provided pursuant to section 2152.74 or 2901.07 of the Revised
Code,
the bureau of
criminal identification and investigation
shall attach to the DNA
record personal identification information
that identifies the person from
whom the DNA specimen was taken.
The personal identification
information may include the subject
person's fingerprints and any other
information the bureau
determines necessary. The DNA
record and personal identification
information attached to it shall be used
only for the purpose of
personal identification or for a purpose specified in
this
section. (E) DNA records, DNA specimens,
fingerprints, and
photographs that the bureau of criminal
identification and
investigation receives pursuant to this section and sections
313.08, 2152.74, and 2901.07 of the Revised
Code and personal
identification information attached to a
DNA record are not public
records under section 149.43 of the
Revised Code. (F) The bureau of criminal identification and investigation
may
charge a reasonable fee for providing information pursuant to
this section to
any law enforcement agency located in another
state. (G)(1) No person who because of the person's employment or
official
position has access to a DNA specimen, a DNA record, or
other information contained in the DNA database that identifies an
individual shall knowingly disclose that specimen, record, or
information to
any person or agency not entitled to receive it or
otherwise
shall misuse that specimen, record, or information. (2) No person without authorization or privilege to obtain
information contained in the DNA database that identifies an
individual person
shall purposely obtain that information. (H) The superintendent of the bureau of criminal
identification
and investigation shall establish procedures for
all of the
following: (1) The forwarding to the bureau of DNA specimens collected
pursuant to division (H) of this section and sections 313.08,,
2152.74, and 2901.07
of the Revised Code and of fingerprints and
photographs collected pursuant
to section 313.08 of the Revised
Code; (2) The collection, maintenance, preservation, and analysis
of
DNA specimens; (3) The creation, maintenance, and operation of the DNA
database; (4) The use and dissemination of information from the DNA
database; (5) The creation, maintenance, and operation of the
unidentified person database; (6) The use and dissemination of information from the
unidentified person database; (7) The creation, maintenance, and operation of the
relatives of missing persons database; (8) The use and dissemination of information from the
relatives of missing persons database; (9) The verification of entities requesting DNA records and
other DNA information from the bureau and the authority of the
entity
to receive the information; (10) The operation of the bureau and responsibilities of
employees of the bureau with respect to the activities described
in this
section.
Sec. 2152.74. (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)(2) of section 2152.19 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
If the DNA specimen is collected by withdrawing blood
from the child or a similarly invasive procedure, 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.
If the DNA specimen is collected by swabbing for buccal cells or a
similarly noninvasive procedure, this section does not require
that the DNA specimen be collected by a qualified medical
practitioner of that nature. 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,
2903.11,
2905.01,
2907.02, 2907.03, 2907.05,
or
2911.01, 2911.02,
2911.11,
or 2911.12 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
2903.01,
2903.02, 2907.02,
2907.03,
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,
2907.05,
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; (6) A felony 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 2903.11, 2911.01, 2911.02, or
2911.12 of the Revised Code that previously was dismissed or
amended; (7) A violation of section 2923.01 of the Revised Code
involving a conspiracy to commit a violation of section 2903.01,
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the
Revised Code; (8) A violation of section 2923.03 of the Revised Code
involving complicity in committing a violation of section 2903.01,
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a
violation of section 2907.12 of the Revised Code as it existed
prior to September 3, 1996. (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
in relation to the following acts 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
of that nature:
(1) A violation of section 2903.11, 2911.01, 2911.02, or
2911.12 of the Revised Code;
(2) An attempt to commit a violation of section 2903.01 or
2903.02 of the Revised Code;
(3) A felony 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 2903.11, 2911.01, 2911.02, or
2911.12 of
the Revised Code that previously was dismissed or
amended;
(4) A violation of section 2923.01 of the Revised Code
involving a conspiracy to commit a violation of section 2903.01,
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the
Revised Code;
(5) A violation of section 2923.03 of the Revised Code
involving complicity in committing a violation of section 2903.01,
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a
violation of section 2907.12 of the Revised Code as it existed
prior to September 3, 1996.
Sec. 2743.191. (A)(1) There is hereby created in the state
treasury the reparations fund, which shall be used only for the
following purposes: (a) The
payment of awards of reparations that are granted by
the attorney
general, the; (b) The
compensation of any
personnel needed by the attorney
general to
administer sections
2743.51 to 2743.72 of the Revised
Code, the; (c) The compensation of
witnesses as provided in division (B)
of section 2743.65 of the
Revised Code, other; (d) Other administrative costs of hearing and
determining
claims for an award of reparations by the attorney general,
the; (e) The costs of
administering sections 2907.28 and 2969.01
to 2969.06 of the
Revised Code,
the; (f) The costs of investigation and decision-making as
certified by the
attorney general, the; (g) The provision of state financial assistance to
victim
assistance programs in accordance with sections 109.91 and
109.92
of the Revised Code,
the; (h) The costs of paying the expenses
of sex offense-related
examinations and antibiotics pursuant to
section 2907.28 of the
Revised Code,
the; (i) The cost of printing and distributing
the pamphlet
prepared by the attorney general pursuant to section
109.42 of the
Revised Code, and, subject; (j) Subject to division (D) of
section 2743.71 of the Revised
Code, the costs associated with
the printing and providing of
information cards or other printed
materials to law enforcement
agencies and prosecuting authorities
and with publicizing the
availability of awards of reparations
pursuant to section 2743.71
of the Revised Code; (k) The payment of costs of administering a DNA specimen
collection procedure pursuant to section 2152.74 of the Revised
Code in relation to any act identified in division (E)(1) to (5)
of that section and
pursuant to section 2901.07 of the Revised
Code in relation to any act identified in division (E)(1) to (5)
of that section, of performing DNA analysis of those
DNA
specimens, and of entering the resulting DNA records regarding
those analyses into the
DNA database pursuant to section 109.573
of the Revised Code.
All (2) All costs paid
pursuant to section 2743.70 of the Revised
Code, the
portions of license reinstatement fees mandated by
division
(L)(2)(b) of section 4511.191 of the Revised Code to be
credited
to the fund, the portions of the proceeds of the sale of
a
forfeited vehicle specified in division (D)(2) of section
4503.234 of the Revised Code, payments
collected by the department
of rehabilitation and correction from prisoners
who voluntarily
participate in an approved work and training program pursuant
to
division (C)(8)(b)(ii) of section 5145.16
of the Revised Code, and
all moneys
collected by the
state pursuant to its right of
subrogation provided in section
2743.72 of the Revised Code shall
be deposited in the fund. (B) In making an award of reparations, the attorney
general
shall
render the award against the state. The award
shall be
accomplished only through the following procedure,
and the
following procedure
may be enforced by writ of mandamus directed
to the appropriate
official: (1) The attorney general shall provide
for payment of the
claimant or providers in the amount
of the award. (2) The expense shall be charged against all available
unencumbered moneys in the fund. (3) If sufficient
unencumbered moneys do not exist in the
fund, the attorney
general shall make
application for payment of
the award out of the emergency
purposes account or any other
appropriation for emergencies or
contingencies, and payment out of
this account or other
appropriation shall be authorized if there
are sufficient moneys
greater than the sum total of then pending
emergency purposes
account requests or requests for releases from
the other
appropriations. (4) If sufficient moneys do not exist in the account or
any
other appropriation for emergencies or contingencies to pay
the
award, the attorney general shall request the
general assembly to
make an appropriation sufficient to pay the award, and no payment
shall be made until the appropriation has been made. The
attorney
general shall make this appropriation request
during the current
biennium and during each succeeding biennium until a sufficient
appropriation is made. If, prior to the time that an
appropriation is made by the general assembly pursuant to this
division, the fund has sufficient unencumbered funds to pay the
award or part of the award, the available funds shall be used to
pay the award or part of the award, and the appropriation request
shall be amended to request only sufficient funds to pay that
part
of the award that is unpaid. (C) The attorney general shall not make payment on a
decision
or order granting an award until all appeals
have been
determined and all rights to appeal exhausted, except
as otherwise
provided in this section. If any party to a claim
for an award of
reparations appeals from only a portion of an
award, and a
remaining portion provides for the payment of money
by the state,
that part of the award calling for the payment of money by the
state and not a subject of the appeal shall be processed for
payment as described in this section. (D) The attorney general shall prepare itemized bills for
the costs of
printing and
distributing the pamphlet the attorney
general prepares
pursuant to section 109.42 of the Revised Code.
The itemized bills shall set
forth the name
and address of the
persons owed the amounts set forth in them.
(E) As used in this section, "DNA analysis" and "DNA
specimen"
have the same meanings as in section 109.573 of the
Revised Code.
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
sentenced to a term of imprisonment or
serving a
prison term
or community
residential sanction for
a
felony
committing an
offense listed in division (D) of this
section is on probation, 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
a probation
department or
the adult parole
authority, if the person is
sent to
jail or is returned to a jail,
community-based
correctional
facility, or state correctional
institution for a violation
of
the
terms and conditions of the
probation,
parole,
transitional
control, other
release, or
post-release
control, if the person was
or will be serving
a
term
of imprisonment, 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
term
of imprisonment, 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
If the DNA specimen is collected by withdrawing blood
from the person or a similarly invasive procedure, 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.
If the DNA specimen is collected by swabbing for buccal cells or a
similarly noninvasive procedure, this section does not require
that the DNA specimen be collected by a qualified medical
practitioner of that nature. 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,
2903.11,
2905.01,
2907.02, 2907.03, 2907.04, 2907.05,
or
2911.01, 2911.02,
2911.11, or 2911.12 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
2903.01,
2903.02, 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, 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; (7) A felony 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 2903.11, 2911.01, 2911.02, or
2911.12 of the Revised Code that previously was dismissed or
amended; (8)
A conspiracy to commit a violation of section 2903.01,
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the
Revised Code; (9) Complicity in committing a violation of section 2903.01,
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a
violation of section 2907.12 of the Revised Code as it existed
prior to September 3, 1996. (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
in relation to the following offenses
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
of that nature:
(1) A violation of section 2903.11, 2911.01, 2911.02, or
2911.12 of the Revised Code;
(2) An attempt to commit a violation of section 2903.01 or
2903.02 of the Revised Code;
(3) A felony 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 2903.11, 2911.01, 2911.02, or
2911.12
of the Revised Code that previously was dismissed or
amended;
(4) A conspiracy to commit a violation of section 2903.01,
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the
Revised Code;
(5) Complicity in committing a violation of section 2903.01,
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a
violation of section 2907.12 of the Revised Code as it existed
prior to September 3, 1996.
Sec. 2935.01. As used in this chapter: (A) "Magistrate" has the same meaning as in section
2931.01
of the Revised Code. (B) "Peace officer" includes, except as provided in section
2935.081 of the Revised Code, a sheriff; deputy
sheriff;
marshal;
deputy marshal; member of the organized
police
department of any
municipal corporation, including a member of
the organized police
department of a municipal corporation in an
adjoining state
serving in Ohio under a contract pursuant to
section 737.04 of the
Revised Code; member of a police force
employed by a metropolitan
housing authority under division (D)
of section 3735.31 of the
Revised Code; member of a police
force employed by a
regional
transit authority under division (Y) of section 306.05 of the
Revised
Code; state university law
enforcement officer appointed
under section 3345.04 of the
Revised Code; enforcement agent of
the department of
public safety designated under section 5502.14
of the Revised Code; employee of the
department of natural
resources who is a natural resources law enforcement
staff officer
designated pursuant to section 1501.013 of the Revised Code, a
forest officer designated pursuant to section
1503.29 of the
Revised Code, a preserve officer designated pursuant to section
1517.10 of the Revised Code, a wildlife officer designated
pursuant to section
1531.13 of the Revised Code, a park officer
designated pursuant to section
1541.10 of the Revised Code, or a
state
watercraft officer designated pursuant to
section 1547.521
of the Revised
Code; individual designated to perform law
enforcement duties under
section 511.232, 1545.13, or 6101.75 of
the Revised Code; Ohio veterans' home
police officer appointed
under
section 5907.02 of the Revised Code; special police officer
employed by a port
authority under section 4582.04 or 4582.28 of
the Revised Code; police
constable of any
township; police
officer of a township or joint township
police
district; the house
sergeant at arms if the house sergeant at arms has
arrest
authority pursuant to division (E)(1) of section 101.311 of the
Revised Code;
and an assistant house sergeant at arms;
officer or
employee of the bureau of criminal identification and
investigation established pursuant to section 109.51 of the
Revised Code who has been awarded a certificate by the executive
director of the Ohio peace officer training commission attesting
to the officer's or employee's satisfactory completion of an
approved state, county, municipal, or department of natural
resources peace officer basic training program and who is
providing
assistance upon request to a law enforcement officer or
emergency assistance to
a peace officer pursuant to section
109.54
or 109.541 of the Revised Code; and, for the purpose of
arrests
within
those areas,
and
for the purposes of Chapter 5503. of the
Revised
Code, and the
filing of and service of process relating to
those
offenses
witnessed or investigated by them, includes the
superintendent
and troopers of the state highway patrol. (C) "Prosecutor" includes the county prosecuting attorney
and
any assistant prosecutor designated to assist the county
prosecuting attorney,
and, in the
case of courts inferior to
courts of common pleas, includes the
village solicitor, city
director of law, or similar chief legal
officer of a municipal
corporation, any such officer's assistants, or any
attorney
designated by the prosecuting attorney of
the county to
appear for
the prosecution of a given case. (D) "Offense," except where the context specifically
indicates otherwise, includes felonies, misdemeanors, and
violations of ordinances of municipal corporations and other
public bodies authorized by law to adopt penal regulations.
Sec. 2935.011. If an officer or employee of the bureau of
criminal identification and investigation is included as a "peace
officer" under division (B) of section 2935.01 of the Revised
Code, both of the following apply:
(A) Division (D)(2) of section 109.541 applies to the
officer or employee while so included.
(B) The officer or employee is not, as a result of the
inclusion, a member of a police department for purposes of Chapter
742. of the Revised Code or a law enforcement officer or peace
officer for purposes of any state or local retirement system.
Section 2. That existing sections 109.573, 2152.74,
2743.191,
2901.07, and 2935.01 of the Revised Code are hereby repealed.
Section 3. Section 109.573 of the Revised Code is
presented
in
this act as a composite of the section as amended by
both Am.
Sub. S.B. 179 and Am. Sub. S.B. 180 of
the 123rd General
Assembly.
The General Assembly, applying the
principle stated in
division
(B) of section 1.52 of the Revised
Code that amendments
are to be
harmonized if reasonably capable of
simultaneous
operation, finds
that the composite is the resulting
version of
the section in
effect prior to the effective date of
the section
as presented in
this act.
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