The bill amends sections 2953.21 and 2953.23 of the Revised Code to improve the process for postconviction relief based on DNA testing that proves actual innocence. It allows individuals convicted of felonies, including those sentenced to death, 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 in the case. It also introduces provisions for postconviction discovery, enabling depositions and subpoenas to support claims of innocence.

Key changes include the replacement of the term "who is an offender for whom" with "whose petition is based on qualifying," and the introduction of a new definition for "qualifying DNA testing." The bill establishes a timeline for filing petitions, requiring them to be submitted within 365 days of the trial transcript being filed in the court of appeals, and allows for second or successive petitions under specific conditions. It also permits individuals sentenced to death to amend their petitions within 180 days of filing and mandates that courts provide detailed findings of fact and conclusions of law if they find grounds for granting relief. The bill emphasizes the necessity of demonstrating actual innocence through qualifying DNA testing for any subsequent petitions and repeals existing sections to streamline the legal framework for death sentence relief.

Statutes affected:
As Introduced: 2953.21, 2953.23