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S. B. No. 268 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Senators Seitz, Patton, LaRose, Jones
A BILL
To amend section 2901.07 of the Revised Code to
provide for the taking of a DNA sample from a
person who is charged with a felony but not
arrested for the offense or whose DNA sample
related to a felony offense was not taken when
required.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2901.07 of the Revised Code be
amended to read as follows:
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.
(4) "Head of the arresting law enforcement agency" means
whichever of the following is applicable regarding the arrest in
question:
(a) If the arrest was made by a sheriff or a deputy sheriff,
the sheriff who made the arrest or who employs the deputy sheriff
who made the arrest;
(b) If the arrest was made by a law enforcement officer of a
law enforcement agency of a municipal corporation, the chief of
police, marshal, or other chief law enforcement officer of the
agency that employs the officer who made the arrest;
(c) If the arrest was made by a constable or a law
enforcement officer of a township police department or police
district police force, the constable who made the arrest or the
chief law enforcement officer of the department or agency that
employs the officer who made the arrest;
(d) If the arrest was made by the superintendent or a trooper
of the state highway patrol, the superintendent of the state
highway patrol;
(e) If the arrest was made by a law enforcement officer not
identified in division (A)(4)(a), (b), (c), or (d) of this
section, the chief law enforcement officer of the law enforcement
agency that employs the officer who made the arrest.
(5) "Detention facility" has the same meaning as in section
2921.01 of the Revised Code.
(B)(1)(a) On and after July 1, 2011, a person who is eighteen
years of age or older and who is arrested on or after July 1,
2011, for a felony offense shall submit to a DNA specimen
collection procedure administered by the head of the arresting law
enforcement agency. The head of the arresting law enforcement
agency shall cause the DNA specimen to be collected from the
person during the intake process at the jail, community-based
correctional facility, detention facility, or law enforcement
agency office or station to which the arrested person is taken
after the arrest. The head of the arresting law enforcement agency
shall cause the DNA specimen to be collected in accordance with
division (C) of this section.
(b) If a person who is charged with a felony on or after July
1, 2011, has not been arrested and first appears before a court or
magistrate in response to a summons, or if the head of the
arresting law enforcement agency has not administered a DNA
specimen collection procedure upon the person arrested for a
felony in accordance with division (B)(1)(a) of this section by
the time of the arraignment or first appearance of the person, the
court shall order the person to appear before the sheriff or chief
of police of the county or municipal corporation in which the
person resides within twenty-four hours to submit to a DNA
specimen collection procedure administered by the sheriff or chief
of police. The sheriff or chief of police shall cause the DNA
specimen to be collected from the person at the facility at which
is located the sheriff's or chief's office. The sheriff or chief
of police shall cause the DNA specimen to be collected in
accordance with division (C) of this section.
(c) Every court with jurisdiction over a case involving a
person with respect to whom division (B)(1)(a) or (b) of this
section requires the head of a law enforcement agency or a sheriff
or chief of police to administer a DNA specimen collection
procedure upon the person shall inquire at the time of the
person's sentencing whether or not the person has submitted to a
DNA specimen collection procedure pursuant to division (B)(1)(a)
or (b) of this section for the original arrest or court appearance
upon which the sentence is based. If the person has not submitted
to a DNA specimen collection procedure for the original arrest or
court appearance upon which the sentence is based, the court shall
order the person to appear before the sheriff or chief of police
of the county or municipal corporation in which the person resides
within twenty-four hours to submit to a DNA specimen collection
procedure administered by the sheriff or chief of police. The
sheriff or chief of police shall cause the DNA specimen to be
collected in accordance with division (C) of this section.
(d) If a person is in the custody of a law enforcement agency
or a detention facility, if the chief law enforcement officer or
chief administrative officer of the detention facility discovers
that a warrant has been issued or a bill of information has been
filed alleging the person to have committed an offense other than
the offense for which the person is in custody, and if the other
alleged offense is one for which a DNA specimen is to be collected
from the person pursuant to division (B)(1)(a) or (b) of this
section, the chief law enforcement officer or chief administrative
officer shall cause a DNA specimen to be collected from the person
at the facility at which is located the law enforcement agency or
at the detention facility, whichever is applicable. The chief law
enforcement officer or chief administrative officer shall cause
the DNA specimen to be collected in accordance with division (C)
of this section.
(2) 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,
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
who does not provide a DNA specimen pursuant to division (B)(1) of
this section, 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, who is sentenced
to a term of imprisonment for that offense, and who does not
provide a DNA specimen pursuant to division (B)(1) of this
section, 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.
(3) 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) or (2) 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.
(4)(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, and did not provide a DNA specimen
pursuant to division (B)(1), (2), or (3) of this section, 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)(4)(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), (3), or (4)(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.
(5) 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), (4)(a), or (4)(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.
(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 head of the
arresting law enforcement agency regarding a DNA specimen taken
pursuant to division (B)(1) of this section, 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 regarding a DNA specimen taken pursuant to
division (B)(2), (3), or (4)(b) of this section, the chief
administrative officer of the probation department or the adult
parole authority regarding a DNA specimen taken pursuant to
division (B)(4)(a) of this section, or the chief administrative
officer of the county probation office, the director of
rehabilitation and correction, or the chief administrative officer
of the jail or other detention facility in which the person is
incarcerated regarding a DNA specimen taken pursuant to division
(B)(5) of this section, whichever is applicable, 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 DNA specimen collection duty set forth in division
(B)(1) of this section applies to any person who is eighteen years
of age or older and who is arrested on or after July 1, 2011, for
any felony offense. The DNA specimen collection duties set forth
in divisions (B)(2), (3), (4)(a), (4)(b), and (5) of this section
apply to any person 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 section 2901.07 of the Revised
Code is hereby repealed.
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