OH SB162

Creates a new definition of "serious mental illness" that includes schizophrenia, schizoaffective disorder, bipolar disorder, major depressive disorder, and delusional disorder that significantly impaired the defendant's capacity to exercise rational judgment, conform conduct to law, or appreciate the nature or wrongfulness of conduct at time of offense.

Prohibits imposition of death sentence for aggravated murder if defendant raises the issue of serious mental illness before trial and is found ineligible for death due to mental illness through pretrial hearing procedures.

Establishes pretrial hearing process where defendant must prove prima facie evidence of serious mental illness diagnosis and condition at time of offense; prosecution bears burden to prove diagnosis was erroneous or did not significantly impair capacity by preponderance of evidence.

Allows persons previously sentenced to death to petition trial court claiming serious mental illness at time of offense; if granted, sentence of death is voided and offender is resentenced to life imprisonment under section 2929.06.

Requires courts to appoint counsel for indigent defendants raising serious mental illness claims and applies procedures to all offenders sentenced to death for offenses committed on or after October 19, 1981.