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H. B. No. 525As Introduced
As Introduced
125th General Assembly | Regular Session | 2003-2004 |
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REPRESENTATIVES Latta, Faber, McGregor, Hughes, Slaby, Gilb, Schmidt
A BILLTo amend sections 2152.74, 2743.191, and 2901.07 of the Revised Code to require DNA specimen collection from delinquent children and criminal offenders for all felonies. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2152.74, 2743.191, and 2901.07 of the Revised Code be amended to read as follows:
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,
placed in a detention facility or district detention facility
pursuant to division (A)(3) of section 2152.19 of the Revised
Code, or
placed in 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
detention facility, district
detention facility, school,
camp, institution, or other facility
for
delinquent children to
which the child was committed
or in
which the child was placed. 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
or places
the child in a
detention facility, district detention facility,
school, camp, institution, or other
facility for delinquent
children, the chief administrative
officer of the
detention
facility, district detention facility, school, camp,
institution,
or facility to which
the child is committed
or in which the child
is placed shall
cause the
DNA specimen to be collected
from the
child during the
intake process for the
detention facility,
district detention facility, 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
or placed in the
department of youth
services, a
detention facility or district detention facility, or
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, from the custody
of the detention facility or district detention facility, 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
detention facility, district detention
facility, school, camp, institution, or facility to
which the
child is
committed
or in which the child was placed 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
detention facility, district detention
facility, school,
camp, institution, or
facility to which the
child is committed
or in which the child was placed.
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)
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
detention
facility, district detention facility, school, camp,
institution,
or
other facility for delinquent children to which
the child is
committed
or in which the child was placed 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
detention facility, district detention
facility, 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,
2911.01, 2911.02,
2911.11,
or
2911.12 of the Revised Code An act that would be a felony if committed by an adult; (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 would be a misdemeanor if committed by an adult and 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)(3) A violation of section 2905.02 or 2919.23 of the
Revised
Code that would be a misdemeanor if committed by an adult and 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)(4) 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 that would be a misdemeanor if committed by an adult.
(E) The director of youth services and the chief
administrative
officer of a
detention facility, district detention
facility, school, camp, institution, or other
facility for
delinquent
children is are 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; (6) Any felony not listed in division (E)(1), (2), (3), (4), or (5) of this section.
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; (b) The
compensation of any
personnel needed by the attorney
general to
administer sections
2743.51 to 2743.72 of the Revised
Code; (c) The compensation of
witnesses as provided in division (J)
of section 2743.65 of the
Revised Code; (d) Other administrative costs of hearing and
determining
claims for an award of reparations by the attorney general; (e) The costs of
administering sections 2907.28 and 2969.01
to 2969.06 of the
Revised Code; (f) The costs of investigation and decision-making as
certified by the
attorney general; (g) The provision of state financial assistance to
victim
assistance programs in accordance with sections 109.91 and
109.92
of the Revised Code; (h) The costs of paying the expenses
of sex offense-related
examinations and antibiotics pursuant to
section 2907.28 of the
Revised Code; (i) The cost of printing and distributing
the pamphlet
prepared by the attorney general pursuant to section
109.42 of the
Revised Code; (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)(6)
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)(6)
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;
(l) The payment of actual costs associated with initiatives by the attorney general for the apprehension, prosecution, and accountability of offenders, and the enhancing of services to crime victims. The amount of payments made pursuant to division (A)(1)(l) of this section during any given fiscal year shall not exceed five per cent of the balance of the reparations fund at the close of the immediately previous fiscal year. (2) All costs paid
pursuant to section 2743.70 of the Revised
Code, the
portions of license reinstatement fees mandated by
division
(F)(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 (C)(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 only if the amount of the award is fifty dollars or more. (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
committing an a felony offense or for committing a misdemeanor
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 a felony offense or for committing a misdemeanor 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)
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 felony offense or to any of the
following misdemeanor
offenses: (1) A misdemeanor 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; (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 misdemeanor 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)(3) A misdemeanor
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)(4) A misdemeanor 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)(5) A sexually oriented offense or a child-victim oriented offense, both as defined in section
2950.01 of the
Revised Code, that is a misdemeanor, if, in relation to that offense, the
offender
has been adjudicated a sexual predator or a child-victim predator, both 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)(6) Complicity in committing a misdemeanor 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; (6) Any felony not listed in division (E)(1), (2), (3), (4), or (5) of this section.
Section 2. That existing sections 2152.74, 2743.191, and 2901.07 of the Revised Code are hereby repealed.
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