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H. B. No. 306 As Reported by the House Criminal Justice CommitteeAs Reported by the House Criminal Justice Committee
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Representatives Evans, Seitz, Webster, Combs, Collier, Sears
A BILL
To amend sections 109.58, 109.60, and 109.61 of the
Revised Code to require all law enforcement
agencies to take and process the fingerprints of
persons arrested for specified offenses and to
amend the court's role in ordering fingerprints to
be taken from persons who were not fingerprinted
when arrested or taken into custody.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.58, 109.60, and 109.61 of the
Revised Code be amended to read as follows:
Sec. 109.58. The superintendent of the bureau of criminal
identification and investigation shall prepare standard
impression
sheets on which fingerprints may be made in accordance
with the
fingerprint system of identification. The impression sheets may
provide for other descriptive matter that the superintendent may
prescribe. The superintendent shall furnish the impression sheets
to each sheriff, chief
of police, and chief administrative officer
of any other law enforcement agency and to each person in charge
of every county,
multicounty, municipal, municipal-county, or
multicounty-municipal jail or
workhouse, community-based
correctional facility, halfway house, alternative
residential
facility, or state correctional
institution within the state. Upon
the request of the board
of education of a school district or of
the principal or chief
administrative officer of a nonpublic
school, the superintendent
shall provide standard impression
sheets to the district or
school for use in their fingerprinting
programs under section
3313.96 of the Revised Code.
Sec. 109.60. (A)(1) The sheriffs of the several counties and
the
chiefs sheriff, chief of police of cities, or chief
administrative officer of another law enforcement agency,
immediately upon the arrest of
any person for any felony, on
suspicion of any felony, for a
crime constituting a misdemeanor on
the first offense and a
felony on subsequent offenses, or for any
misdemeanor described in
division (A)(1)(a) or (A)(10)(a) of
section 109.572
of the Revised Code, and immediately upon the
arrest or taking
into custody of any child under
eighteen
years of
age for committing an act
that would be a felony or an offense of
violence
if committed by an adult or upon probable cause to
believe
that a child of that
age may have committed an act that
would be a
felony or
an offense of violence if committed by an
adult, shall
take the person's or child's fingerprints, or cause
the same to be taken, according to the fingerprint system of
identification on the forms furnished by the superintendent of
the
bureau of criminal identification and investigation, and
immediately
shall
forward copies of the completed forms,
any other
description that may be required, and
the history of the offense
committed
to the bureau to be classified and filed and to the
clerk of the court
having jurisdiction over the prosecution of the
offense or over the
adjudication relative to the act.
(2) If a sheriff or chief of police
has not taken, or caused
to be taken, court learns at any time that a person's or child's
fingerprints have not been taken in accordance with division
(A)(1) of this section by the time of the
arraignment or first
appearance of the person or child, the
court shall order the
person or child to appear before the
sheriff or, chief of police,
or chief administrative officer of another law enforcement agency
within twenty-four hours to have the
person's or child's
fingerprints taken and processed in accordance with division
(A)(1) of this section. The sheriff or
chief of police shall take
the person's or child's fingerprints,
or cause the fingerprints to
be taken, according to the fingerprint
system of identification on
the forms furnished by the
superintendent of the bureau of
criminal identification and
investigation and, immediately after
the person's or
child's arraignment or first appearance, forward
copies of the completed
forms, any
other description that may be
required, and the history of
the offense committed to the bureau
to be classified and
filed and to the clerk of the court.
(3) Every court with jurisdiction over a case involving a
person or child
with respect to whom division (A)(1) of this
section
requires a
sheriff or chief of police to take the person's
or child's fingerprints shall
inquire at the time of the person's
or child's sentencing or
adjudication whether or not the person or
child has been
fingerprinted pursuant to division
(A)(1) or (2) of
this section
for the original arrest upon which the sentence or
adjudication
is based. If the person or child was not
fingerprinted for
the original arrest upon which the sentence or
adjudication is
based, the court shall order the person or child
to appear before the
sheriff or chief of police within twenty-four
hours to have the person's or
child's fingerprints taken. The
sheriff or chief of police shall
take the person's or child's
fingerprints, or cause the fingerprints to
be taken, according to
the fingerprint system of identification
on the forms furnished by
the superintendent of the bureau of
criminal identification and
investigation and immediately
forward copies of the completed
forms, any other description that
may be required, and the history
of the offense committed
to the bureau to be classified and filed
and to the clerk of the court.
(4) If a person or child described in division (A)(1) of this
section is in the custody of a law
enforcement agency or a
detention facility, as defined in
section 2921.01 of the Revised
Code, and the chief law
enforcement officer or chief
administrative officer person in charge of the
detention facility
discovers that a warrant has been issued or a
bill of information
has been filed alleging the person or child to have
committed an
offense or act other than the offense or act for which the person
or child is in custody, and the other alleged offense or act is
one for
which fingerprints are to be taken pursuant to division
(A)(1) of this section, the law
enforcement agency or person in
charge of the detention facility shall take the
fingerprints of
the person or child, or cause the fingerprints to be taken,
according to the
fingerprint system of identification on the forms
furnished by
the superintendent of the bureau of criminal
identification and
investigation and immediately
forward copies of
the completed forms, any other description
that may be required,
and the history of the offense
committed to the bureau to be
classified and filed and to the clerk of the
court that issued the
warrant or with which the bill of information was
filed and
processed in accordance with division (A)(1) of this section.
(5)(4) If an accused
is
found not guilty of the offense
charged or a nolle prosequi is entered in any
case, or if any
accused child under eighteen years of age is found not to be a
delinquent
child for committing an act that would be a felony or
an
offense of violence if committed by an adult or not
guilty of
the felony or
offense of violence charged or a nolle prosequi is
entered in that
case, the
fingerprints and description shall
be
given to the accused upon the accused's request.
(6)(5) The
superintendent
shall compare the description
received with those already
on file in the bureau, and, if the
superintendent finds that
the person arrested or taken
into
custody has
a criminal record or a record as a delinquent child
for having committed an
act that would be a felony or an offense
of violence if
committed by an adult or is a
fugitive from justice
or wanted by any
jurisdiction in this or another state, the
United
States, or a
foreign country for any offense, the superintendent
at once
shall inform the
arresting officer, the officer taking the
person into
custody, or the chief administrative officer of the
county,
multicounty, municipal, municipal-county, or
multicounty-municipal jail or
workhouse, community-based
correctional facility, halfway house, alternative
residential
facility, or state correctional institution in which the person or
child is in custody
of
that fact and give appropriate notice to
the
proper authorities in the jurisdiction in which the person is
wanted, or, if that jurisdiction is a foreign country, give
appropriate notice to federal authorities for transmission to
the
foreign country. The names, under which each person whose
identification is filed is known, shall be alphabetically
indexed
by the superintendent.
(B) Division (A) of this section does not apply to a violator
of a city municipal
ordinance unless the officers have reason to
believe that the violator is a
past offender or the crime is one
constituting a
misdemeanor on the first offense and a felony on
subsequent
offenses, or unless it is advisable for the purpose of
subsequent
identification. This section does not apply to any
child under
eighteen years of age who was not arrested or
otherwise taken into custody
for committing an act that would be a
felony or an
offense
of violence if committed by an adult or upon
probable cause to believe
that a child of that
age may have
committed an act that would be a
felony or an
offense of violence
if committed by an adult, except as provided in
section 2151.313
of the Revised Code.
(C)(1) For purposes of division (C) of this section, a law
enforcement agency shall be considered to have arrested a person
if any law enforcement officer who is employed by, appointed by,
or serves that agency arrests the person. As used in division (C)
of this section:
(a) "Illegal methamphetamine manufacturing laboratory" has
the same meaning as in section 3745.13 of the Revised Code.
(b) "Methamphetamine or a methamphetamine product" means
methamphetamine, any salt, isomer, or salt of an isomer of
methamphetamine, or any compound, mixture, preparation, or
substance containing methamphetamine or any salt, isomer, or salt
of an isomer of methamphetamine.
(2) Each law enforcement agency that, in any calendar year,
arrests any person for a violation of section 2925.04 of the
Revised Code that is based on the manufacture of methamphetamine
or a methamphetamine product, a violation of section 2925.041 of
the Revised Code that is based on the possession of chemicals
sufficient to produce methamphetamine or a methamphetamine
product, or a violation of any other provision of Chapter 2925. or
3719. of the Revised Code that is based on the possession of
chemicals sufficient to produce methamphetamine or a
methamphetamine product shall prepare an annual report covering
the calendar year that contains the information specified in
division (C)(3) of this section relative to all arrests for
violations of those sections committed under those circumstances
during that calendar year and relative to illegal methamphetamine
manufacturing laboratories, dump sites, and chemical caches as
specified in that division and shall send the annual report, not
later than the first day of March in the calendar year following
the calendar year covered by the report, to the bureau of criminal
identification and investigation.
The law enforcement agency shall write any annual report
prepared and filed under this division on the standard forms
furnished by the superintendent of the bureau of criminal
identification and investigation pursuant to division (C)(4) of
this section. The annual report shall be a statistical report, and
nothing in the report or in the information it contains shall
identify, or enable the identification of, any person who was
arrested and whose arrest is included in the information contained
in the report. The annual report in the possession of the bureau
and the information it contains are public records for the purpose
of section 149.43 of the Revised Code.
(3) The annual report prepared and filed by a law enforcement
agency under division (C)(2) of this section shall contain all of
the following information for the calendar year covered by the
report:
(a) The total number of arrests made by the agency in that
calendar year for a violation of section 2925.04 of the Revised
Code that is based on the manufacture of methamphetamine or a
methamphetamine product, a violation of section 2925.041 of the
Revised Code that is based on the possession of chemicals
sufficient to produce methamphetamine or a methamphetamine
product, or a violation of any other provision of Chapter 2925. or
3719. of the Revised Code that is based on the possession of
chemicals sufficient to produce methamphetamine or a
methamphetamine product;
(b) The total number of illegal methamphetamine manufacturing
laboratories at which one or more of the arrests reported under
division (C)(3)(a) of this section occurred, or that were
discovered in that calendar year within the territory served by
the agency but at which none of the arrests reported under
division (C)(3)(a) of this section occurred;
(c) The total number of dump sites and chemical caches that
are, or that are reasonably believed to be, related to illegal
methamphetamine manufacturing and that were discovered in that
calendar year within the territory served by the agency.
(4) The superintendent of the bureau of criminal
identification and investigation shall prepare and furnish to each
law enforcement agency in this state standard forms for making the
annual reports required by division (C)(2) of this section. The
standard forms that the superintendent prepares pursuant to this
division may be in a tangible format, in an electronic format, or
in both a tangible format and an electronic format.
(5) The annual report required by division (C)(2) of this
section is separate from, and in addition to, any report,
materials, or information required under division (A) of this
section or under any other provision of sections 109.57 to 109.62
of the Revised Code.
(D) As used in this section and sections 109.58 and 109.61 of
the Revised Code, "law enforcement agency" means any organization
or unit comprised of law enforcement officers, as defined in
section 2901.01 of the Revised Code.
Sec. 109.61. Each sheriff or, chief of police, or chief
administrative officer of another law enforcement agency shall
furnish
the bureau of criminal identification and investigation
with
descriptions, fingerprints, photographs, and measurements of
the following:
(A)(1) Persons arrested who in that the sheriff's or,
chief
of police's, or chief administrative officer's
judgment are wanted
for serious offenses, are fugitives from
justice, or in whose
possession at the time of arrest are found
goods or property
reasonably believed to have been stolen;
(2) Children arrested or otherwise taken into custody who in
that the sheriff's
or, chief of police's, or chief administrative
officer's judgment are under eighteen
years of age and have
committed an act that would be a
felony or an offense of violence
if committed
by an adult.
(B) All persons in whose possession are found burglar
outfits, burglar tools, or burglar keys, or who have in their
possession high power explosives reasonably believed to be
intended to be used for unlawful purposes;
(C) Persons who are in possession of infernal machines or
other contrivances in whole or in part and reasonably believed by
the sheriff or chief of police to
be intended to be used for
unlawful purposes;
(D) All persons carrying concealed firearms or other
deadly
weapons reasonably believed to be carried for unlawful
purposes;
(E) All persons who have in their possession inks, dies,
paper, or other articles necessary in the making of counterfeit
bank notes or in the alteration of bank notes, or dies, molds,
or
other articles necessary in the making of counterfeit money
and
reasonably believed to be intended to be used by them for
those
types of unlawful purposes.
Section 2. That existing sections 109.58, 109.60, and 109.61
of the Revised Code are hereby repealed.
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