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OH HB586
Bill
Status
3/1/2022
Primary Sponsor
Jean Schmidt
Click for details
AI Summary
H.B. 586 Summary
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Expands the definition of "qualifying DNA testing" to include DNA testing performed at the request of the petitioner, the state, or any government entity, in addition to testing performed under existing statutory procedures.
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Allows convicted felons to file initial or subsequent postconviction relief petitions based on DNA testing showing actual innocence, regardless of when the DNA testing was conducted or whether previous petitions were filed.
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Defines "actual innocence" as demonstrating that no reasonable factfinder would have found the petitioner guilty had DNA test results been presented at trial and considered with all other available evidence.
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Applies retroactively to all petitions meeting the DNA testing criteria, including those filed after normal filing deadlines or as successive petitions, without regard to when the offense was committed.
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Repeals existing sections 2953.21 and 2953.23 of the Ohio Revised Code and replaces them with amended versions incorporating these new DNA testing provisions.
Legislative Description
Regards postconviction relief based on DNA evidence of innocence
Crimes, Corrections, and Law Enforcement : Crime and Punishment
Last Action
Refer to Committee: Criminal Justice
3/8/2022