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H. B. No. 467 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Representatives Batchelder, Evans, Skindell, Williams, S.
A BILL
To amend sections 2152.74 and 2901.07 of the Revised
Code to require the collection of a DNA specimen
from all persons who are convicted of, plead
guilty to, or are adjudicated a delinquent child
for a misdemeanor other than a misdemeanor for
which a citation is issued.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2152.74 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. 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.
The DNA
specimen shall be
collected in
accordance with division (C) of
this section.
(3) If a child is adjudicated a delinquent child for
committing an act listed in division (D) of this section, is not
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
described in division (A)(2) or (3) of section 2152.19 of the
Revised Code, and does not provide a DNA specimen pursuant to
division (B)(1) or (2) of this section, the juvenile court shall
order the child to report to the county probation department
immediately after disposition to submit to a DNA specimen
collection procedure administered by the chief administrative
officer of the county probation department. The DNA specimen shall
be collected from the child 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, or the chief
administrative officer of a county probation department 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, and the chief administrative officer of a
county probation department 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) An act that would be a felony if committed by an adult;
(2) 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;
(3) A violation of section 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;
(4) A violation of section 2923.03 of the Revised Code
involving complicity in committing a violation of section 2907.04
of the Revised Code that would be a misdemeanor if committed by an
adult;
(5) An act committed on and after the effective date of this
amendment that would be a misdemeanor if committed by an adult,
other than a misdemeanor for which a citation was issued pursuant
to section 2935.26 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) Regardless of when the conviction occurred or the
guilty plea was entered, a person who has been convicted of, is
convicted of, has pleaded guilty to, or pleads
guilty to a
felony
offense and who is
sentenced to a prison term or to a community
residential sanction
in a jail
or community-based correctional
facility for that offense pursuant to
section 2929.16 of the
Revised Code, and
a person who has been convicted of, is convicted
of, has pleaded guilty to, or pleads guilty to a misdemeanor
offense listed
in division
(D) of this section and who is
sentenced to a term of
imprisonment
for that offense 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. The
DNA specimen shall be
collected in
accordance with division (C) of
this section.
(2) Regardless of when the conviction occurred or the guilty
plea was entered, if a person has been convicted of, is convicted
of, has pleaded guilty to, or pleads guilty to
a felony offense or
a misdemeanor
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. The
DNA
specimen shall be
collected in accordance with division (C)
of
this section.
(3)(a) Regardless of when the conviction occurred or the
guilty plea was entered, if a person has been convicted of,
is
convicted of, has pleaded guilty to, or pleads guilty to a felony
offense or a misdemeanor
offense listed in division (D) of this
section and the person is on
probation,
released on parole,
under
transitional
control, on community control, on
post-release
control,
or under any other type of supervised release
under
the
supervision of
a probation
department or
the
adult parole
authority for that offense, the person shall submit to a DNA
specimen collection procedure administered by the chief
administrative officer of the probation department or the adult
parole authority. The DNA specimen shall be collected in
accordance with division (C) of this section. If the person
refuses to submit to a DNA specimen collection procedure as
provided in this division, the person may be subject to the
provisions of section 2967.15 of the Revised Code.
(b) If a person to whom division (B)(3)(a) of this section
applies 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 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),
(2) or (3)(a) 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.
The
DNA specimen shall be
collected from the
person in accordance with
division
(C) of this
section.
(4) Regardless of when the conviction occurred or the guilty
plea was entered, if a person has been convicted of, is convicted
of, has pleaded guilty to, or pleads guilty to a felony offense or
a misdemeanor offense listed in division (D) of this section, the
person is not sentenced to a prison term, a community residential
sanction in a jail or community-based correctional facility, a
term of imprisonment, or any type of supervised release under the
supervision of a probation department or the adult parole
authority, and the person does not provide a DNA specimen pursuant
to division (B)(1), (2), (3)(a), or (3)(b) of this section, the
sentencing court shall order the person to report to the county
probation department immediately after sentencing to submit to a
DNA specimen collection procedure administered by the chief
administrative officer of the county probation office. If the
person is incarcerated at the time of sentencing, the person 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 incarcerated. The DNA specimen shall be
collected in accordance with division (C) of this section.
(5)(a) If a person does not provide a DNA specimen pursuant
to division (B)(1), (2), (3)(a), (3)(b), or (4) of this section a
person who, on and after the effective date of this amendment, is
convicted of or pleads guilty to any offense that is a
misdemeanor, other than a misdemeanor for which a citation was
issued pursuant to section 2935.26 of the Revised Code, shall
submit to a DNA specimen collection procedure as follows:
(i) If the person is sentenced to a term of imprisonment for
that offense, the person shall submit, during the intake process,
to a DNA specimen collection procedure administered by the chief
administrative officer of the jail or other detention facility in
which the person is serving the term of imprisonment.
(ii) If the person is not sentenced to a term of imprisonment
for that offense, the sentencing court shall order the person to
report to the county probation department immediately after
sentencing and submit to a DNA specimen collection procedure
administered by the chief administrative officer of the county
probation department.
(b) The DNA specimen collected pursuant to division (B)(5)(a)
of this section shall be collected 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, or county probation
department,
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, the
chief
administrative officer of the jail, community-based
correctional
facility,
or other county, multicounty, municipal,
municipal-county, or multicounty-municipal detention facility, or
the chief administrative officer of a county probation department
or the adult parole authority
shall cause a
DNA specimen to be
collected in
accordance
with
divisions (B) and (C) of this section
from a person in
its custody or under its supervision
who has been
convicted of, is convicted of, has pleaded guilty to, or pleads
guilty to
any felony offense or any of the
following misdemeanor
offenses:
(1) A misdemeanor violation, an attempt to commit a
misdemeanor violation, or complicity in committing a misdemeanor
violation of section 2907.04 of the
Revised
Code;
(2) 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;
(3) A misdemeanor violation of section 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;
(4) 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
is a tier III sex
offender/child-victim offender, as
defined in
section 2950.01
of the Revised Code.
(E) The director of rehabilitation and correction may
prescribe rules in accordance with Chapter 119. of the Revised
Code to collect a DNA specimen, as provided in this section, from
an offender whose supervision is transferred from another state to
this state in accordance with the interstate compact for adult
offender supervision described in section 5149.21 of the Revised
Code.
Section 2. That existing sections 2152.74 and 2901.07 of the
Revised Code are hereby repealed.
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