The bill amends sections 2953.21 and 2953.23 of the Revised Code to improve the process for individuals seeking postconviction relief based on DNA testing that proves actual innocence. It allows those convicted of felonies, including death sentences, to file petitions if they can present clear and convincing evidence of their innocence through qualifying DNA testing. The bill clarifies definitions related to "qualifying DNA testing" and "actual innocence," ensuring that such testing results are evaluated alongside all admissible evidence. It also introduces provisions for postconviction discovery, enabling depositions and subpoenas to support innocence claims.
Key changes include replacing "offender for whom" with "whose" regarding DNA testing and specifying that petitions must demonstrate actual innocence of the felony offense or aggravating circumstances for death sentences. The bill removes limits on the length of petitions for death-sentenced individuals and allows for second or successive petitions under certain conditions. It establishes that if a court finds grounds for relief, either party may request an appellate court to remand the case to the trial court. Additionally, it mandates detailed findings of fact and conclusions of law when denying relief and clarifies that the remedy provided is the exclusive means for challenging convictions or sentences, ultimately streamlining the legal framework for death penalty appeals and petitions for relief.
Statutes affected: As Introduced: 2953.21, 2953.23