HB 738 Summary

• Expands postconviction relief petitions to include claims of serious mental illness at time of offense for death-sentenced individuals, with a filing deadline of 365 days from the bill's effective date of April 12, 2021.

• Requires appellate courts to collect and report data beginning in 2024 on felony sentence appeals and postconviction relief proceedings, including conviction methods, grounds relied upon, appeal outcomes, and reasons for dismissals or stays.

• Establishes the Ohio Innocence Commission as an independent entity with eight members (judge, prosecutor, defense attorney, victim advocate, sheriff, public member, and two discretionary members) to investigate claims of innocence from felony convictions and conduct confidential proceedings.

• Grants the Innocence Commission authority to issue subpoenas, compel witness attendance, conduct discovery, and inspect physical evidence; cases with viable innocence claims proceed to a specially authorized three-judge panel for public judicial hearings with potential conviction vacatur.

• Removes page limits on postconviction relief petitions and related appeals for death-sentenced individuals, allowing prosecutors to file equally lengthy responses.