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OH HB221
Bill
Status
6/21/2023
Primary Sponsor
Jean Schmidt
Click for details
AI Summary
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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.
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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.
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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.
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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.
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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