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OH SB183
Bill
Status
9/3/2013
Primary Sponsor
Charleta Tavares
Click for details
AI Summary
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Prohibits execution or death sentences obtained on the basis of the defendant's race.
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Allows defendants to file a motion claiming race was the basis for seeking or imposing the death penalty, with claims evaluated during pretrial conferences or postconviction proceedings.
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Permits defendants to establish race-based sentencing by proving race was a significant factor in capital sentencing decisions at the state, county, or prosecutor's office level during the relevant time period, supported by statistical evidence, testimony, or other relevant evidence.
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Requires courts that find race was the basis for a death sentence to vacate the sentence and resentence the defendant to life imprisonment without parole, or order that the death penalty no longer be pursued.
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Conditions relief on the defendant's knowing and voluntary written waiver of any objection to life imprisonment without parole based on common law, statutory law, or constitutional grounds.
Legislative Description
To provide that a defendant cannot be executed if the defendant's race was the basis of the decision to seek or impose the death penalty, to permit a defendant to file a motion alleging that the defendant's race was the basis of the decision to seek or impose the death penalty, to permit a defendant to establish that the death penalty was sought or imposed on the basis of race in the defendant's case by showing that race was a significant factor in decisions to seek or impose a sentence of death in the state, the county, or the prosecutor's office at the time that a sentence of death was sought or imposed in the defendant's case, to require a court that finds that race was such a significant factor in the defendant's case to order that the death penalty not be sought or to vacate the sentence of death and resentence the defendant to life imprisonment without parole, and to require a defendant to waive any objection to a sentence to life imprisonment without parole as a condition of filing the motion for relief.
Death penalty-not to be executed if defendant sentenced on basis of race
Last Action
To Criminal Justice
9/3/2013