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OH HB221

Bill

Status

Introduced

6/21/2023

Primary Sponsor

Jean Schmidt

Click for details

Origin

House of Representatives

135th General Assembly (2023-2024)

AI Summary

  • Expands postconviction relief eligibility to include felony convictions based on DNA testing results that establish actual innocence by clear and convincing evidence, not limited to offenders previously designated for such relief.

  • Defines "qualifying DNA testing" to include both DNA testing performed under existing Ohio law (sections 2953.71-2953.81) and DNA testing performed at the request of the petitioner or state/government entities.

  • Defines "actual innocence" as showing that no reasonable factfinder would have found guilt had DNA results been presented at trial and analyzed with all available admissible evidence.

  • Allows second or successive postconviction petitions based on DNA testing conducted by the state or government entities, even if a prior DNA-based petition was filed before the amendment's effective date.

  • Makes the expanded relief provisions retroactively applicable to all petitions meeting the DNA testing and actual innocence criteria, regardless of when the offense was committed or whether prior petitions were filed.

Legislative Description

Expand postconviction relief for DNA showing actual innocence

Crimes, Corrections, and Law Enforcement : Crime and Punishment

Last Action

Referred to committee: Criminal Justice

6/26/2023

Committee Referrals

Criminal Justice6/26/2023

Full Bill Text

No bill text available