HB 177: Allow motion for new trial, other relief based on new evidence

As Introduced

136th General Assembly Regular Session 2025-2026

H. B. No. 177

Representatives Williams, Tims

A B I L L

To amend sections 181.25, 2929.06, 2945.79, 1
2945.80, 2945.81, 2953.21, and 2953.23 and to 2
enact section 2945.811 of the Revised Code to 3
allow a person to file a motion for a new trial 4
or a petition for postconviction relief if the 5
person produces new evidence that would 6
establish a strong probability of a different 7
result at trial. 8

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 181.25, 2929.06, 2945.79, 9
2945.80, 2945.81, 2953.21, and 2953.23 be amended and section 10
2945.811 of the Revised Code be enacted to read as follows: 11
Sec. 181.25. (A) If the comprehensive criminal sentencing 12
structure that it recommends to the general assembly pursuant to 13
section 181.24 of the Revised Code or any aspects of that 14
sentencing structure are enacted into law, the state criminal 15
sentencing commission shall do all of the following: 16
(1) Assist the general assembly in the implementation of 17
those aspects of the sentencing structure that are enacted into 18
law; 19

H. B. No. 177 As Introduced

(2) Monitor the operation of the aspects of the sentencing 20
structure that are enacted into law and report to the general 21
assembly no later than January 1, 1997, and biennially 22
thereafter, on all of the following matters: 23
(a) The impact of the sentencing structure in effect on 24
and after July 1, 1996, on political subdivisions and other 25
relevant aspects of local government in this state, including 26
all of the following information: 27
(i) The number and type of offenders who were being 28
imprisoned in a state correctional institution under the law in 29
effect prior to July 1, 1996, but who are being punished under a 30
community control sanction, as defined in section 2929.01 of the 31
Revised Code, under the law in effect on and after July 1, 1996; 32
(ii) The fiscal and other impact of the law in effect on 33
and after July 1, 1996, on political subdivisions and other 34
relevant aspects of local government in this state, including 35
law enforcement agencies, the court system, prosecutors, as 36
defined in section 2935.01 of the Revised Code, the public 37
defender and assigned counsel system, jails and workhouses, 38
probation departments, the drug and alcohol abuse intervention 39
and treatment system, and the mental health intervention and 40
treatment system. 41
(b) The impact of the sentencing structure in effect on 42
and after July 1, 1996, on the population of state correctional 43
institutions, including information regarding the number and 44
types of offenders who are being imprisoned under the law in 45
effect on and after July 1, 1996, and the amount of space in 46
state correctional institutions that is necessary to house those 47
offenders; 48

H. B. No. 177 As Introduced

(c) The impact of the sentencing structure and the 49
sentence appeal provisions in effect on and after July 1, 1996, 50
on the appellate courts of this state, including information 51
regarding the number of sentence-based appeals, the cost of 52
reviewing appeals of that nature, whether a special court should 53
be created to review sentences, and whether changes should be 54
made to ensure that sentence-based appeals are conducted 55
expeditiously. 56
(3) Review all bills that are introduced in the general 57
assembly that provide for new criminal offenses or that change 58
the penalty for any criminal offense, determine if those bills 59
are consistent with the sentencing policy adopted under division 60
(B) of section 181.23 of the Revised Code, determine the impact 61
of those bills upon the correctional resources of the state, and 62
recommend to the general assembly any necessary amendments to 63
those bills. When the commission recommends any amendment for a 64
bill before the general assembly, it shall do so in a manner 65
that is consistent with the requirements of section 181.24 of 66
the Revised Code. 67
(4) Study criminal sentencing structures in this state, 68
other states, and the federal government, recommend necessary 69
changes to the sentencing structure of the state, and determine 70
the costs and effects of any proposed changes in the sentencing 71
structure of the state; 72
(5) Collect and maintain data that pertains to the cost to 73
counties of the felony sentence appeal provisions set forth in 74
section 2953.08 of the Revised Code, of the postconviction 75
relief proceeding provisions set forth in division (A)(2) (B)(2) 76
of section 2953.21 of the Revised Code, and of appeals from 77
judgments entered in such postconviction relief proceedings. The 78

H. B. No. 177 As Introduced

data so collected and maintained shall include, but shall not be 79

limited to, the increase in expenses that counties experience as 80

a result of those provisions and those appeals and the number of 81

felony sentence appeals made, postconviction relief proceedings 82

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made in each county under those provisions. 84

(B) In addition to its duties set forth in section 18l.24 85

of the Revised Code and division (A） of this section, the state 98

criminal sentencing commission shall review all forfeiture 87

statutes in Titles XXIX and XLV of the Revised Code and, not 88

later than July l, 2002, recommend to the general assembly any 68

necessary changes to those statutes. 90

Sec. 2929.06. (A)(1） If a sentence of death imposed upon 91

an offender is set aside, nullified， vacated, or voided for any 92

of the following reasons, the trial court that sentenced the 93

offender shall conduct a hearing to resentence the offender in 94

accordance with division (A)(2） of this section: 95

(a） The court of appeals, in a case in which a sentence of 96

death was imposed for an offense committed before January 1, 97

1995, or the supreme court, in a case in which the supreme court 98

reviews the sentence upon appeal, could not affirm the sentence 99

of death under the standards imposed by section 2929.05 of the 100

Revised Code. 101

(b） The sole reason that the statutory procedure for 102

imposing the sentence of death that is set forth in sections 103

2929.03 and 2929.04 of the Revised Code is unconstitutional. 104

(c） The sentence of death is set aside, nullified, or 105

vacated pursuant to division (C） of section 2929.05 of the 106

Revised Code. 107

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(d) A court has determined that the offender is a person 108
with an intellectual disability under standards set forth in 109
decisions of the supreme court of this state or the United 110
States supreme court. 111
(e) The sentence of death is voided by a court pursuant to 112
division (H) (I) of section 2953.21 of the Revised Code. 113
(2) At a resentencing hearing conducted under division (A) 114
(1) of this section, the court shall impose upon the offender a 115
sentence of life imprisonment or an indefinite term consisting 116
of a minimum term of thirty years and a maximum term of life 117
imprisonment that is determined as specified in this division. 118
If the sentence of death was voided by a court pursuant to 119
division (H) (I) of section 2953.21 of the Revised Code, the 120
offender has waived any right to be sentenced to any sentence 121
other than life imprisonment without parole as described in 122
division (A)(3)(b) of that section and the court shall impose a 123
sentence of life imprisonment without parole. If the immediately 124
preceding sentence does not apply and if division (D) of section 125
2929.03 of the Revised Code, at the time the offender committed 126
the aggravated murder for which the sentence of death was 127
imposed, required the imposition when a sentence of death was 128
not imposed of a sentence of life imprisonment without parole or 129
a sentence of an indefinite term consisting of a minimum term of 130
thirty years and a maximum term of life imprisonment to be 131
imposed pursuant to division (A) or (B)(3) of section 2971.03 of 132
the Revised Code and served pursuant to that section, except as 133
provided in division (F) of this section, the court shall impose 134
the sentence so required. In all other cases, except as provided 135
in division (F) of this section, the sentences of life 136
imprisonment that are available at the hearing, and from which 137
the court shall impose sentence, shall be the same sentences of 138

H. B. No. 177 As Introduced

life imprisonment that were available under division (D) of 139
section 2929.03 or under section 2909.24 of the Revised Code at 140
the time the offender committed the offense for which the 141
sentence of death was imposed. Nothing in this division 142
regarding the resentencing of an offender shall affect the 143
operation of section 2971.03 of the Revised Code. 144
(B) Whenever any court of this state or any federal court 145
sets aside, nullifies, or vacates a sentence of death imposed 146
upon an offender because of error that occurred in the 147
sentencing phase of the trial and if division (A) of this 148
section does not apply, the trial court that sentenced the 149
offender shall conduct a new hearing to resentence the offender. 150
If the offender was tried by a jury, the trial court shall 151
impanel a new jury for the hearing. If the offender was tried by 152
a panel of three judges, that panel or, if necessary, a new 153
panel of three judges shall conduct the hearing. At the hearing, 154
the court or panel shall follow the procedure set forth in 155
division (D) of section 2929.03 of the Revised Code in 156
determining whether to impose upon the offender a sentence of 157
death, a sentence of life imprisonment, or an indefinite term 158
consisting of a minimum term of thirty years and a maximum term 159
of life imprisonment. If, pursuant to that procedure, the court 160
or panel determines that it will impose a sentence other than a 161
sentence of death, except as provided in division (F) of this 162
section, the court or panel shall impose upon the offender one 163
of the sentences of life imprisonment that could have been 164
imposed at the time the offender committed the offense for which 165
the sentence of death was imposed, determined as specified in 166
this division, or an indefinite term consisting of a minimum 167
term of thirty years and a maximum term of life imprisonment 168
that is determined as specified in this division. If division 169

H. B. No. 177 As Introduced

(D) of section 2929.03 of the Revised Code, at the time the 1
offender committed the aggravated murder for which the sentence 1
of death was imposed, required the imposition when a sentence of 1
death was not imposed of a sentence of life imprisonment without 1
parole or a sentence of an indefinite term consisting of a 1
minimum term of thirty years and a maximum term of life 1
imprisonment to be imposed pursuant to division (A) or (B)(3) of 1
section 2971.03 of the Revised Code and served pursuant to that 1
section, except as provided in division (F) of this section, the 1
court or panel shall impose the sentence so required. In all 1
other cases, except as provided in division (F) of this section, 1
the sentences of life imprisonment that are available at the 1
hearing, and from which the court or panel shall impose 1
sentence, shall be the same sentences of life imprisonment that 1
were available under division (D) of section 2929.03 or under 1
section 2909.24 of the Revised Code at the time the offender 1
committed the offense for which the sentence of death was 1
imposed. 1
(C) If a sentence of life imprisonment without parole 188
imposed upon an offender pursuant to section 2929.021 or 2929.03 189
of the Revised Code is set aside, nullified, or vacated for the 190
sole reason that the statutory procedure for imposing the 191
sentence of life imprisonment without parole that is set forth 192
in sections 2929.03 and 2929.04 of the Revised Code is 193
unconstitutional, the trial court that sentenced the offender 194
shall conduct a hearing to resentence the offender to life 195
imprisonment with parole eligibility after serving twenty-five 196
full years of imprisonment or to life imprisonment with parole 197
eligibility after serving thirty full years of imprisonment. 198
(D) Nothing in this section limits or restricts the rights 199
of the state to appeal any order setting aside, nullifying, or 200

H. B. No. 177 As Introduced

vacating a conviction or sentence of death, when an appeal of 201
that nature otherwise would be available. 202
(E) This section, as amended by H.B. 184 of the 125th 203
general assembly, shall apply to all offenders who have been 204
sentenced to death for an aggravated murder that was committed 205
on or after October 19, 1981, or for terrorism that was 206
committed on or after May 15, 2002. This section, as amended by 207
H.B. 184 of the 125th general assembly, shall apply equally to 208
all such offenders sentenced to death prior to, on, or after 209
March 23, 2005, including offenders who, on March 23, 2005, are 210
challenging their sentence of death and offenders whose sentence 211
of death has been set aside, nullified, or vacated by any court 212
of this state or any federal court but who, as of March 23, 213
2005, have not yet been resentenced. 214
(F) A court shall not impose a sentence of life 215
imprisonment without parole on a person under division (A) or 216
(B) of this section for an offense that was committed when the 217
person was under eighteen years of age. 218
Sec. 2945.79. A new trial, after a verdict of conviction, 219
may be granted on the application of the defendant for any of 220
the following causes affecting that materially his affect the 221
fairness of the defendant's substantial rightstrial or that 222
demonstrate a miscarriage of justice: 223
(A) Irregularity in the proceedings of the court, jury, 224
prosecuting attorney, or the witnesses for the state, or for any 225
order of the court, or abuse of discretion by which the 226
defendant was prevented from having a fair trial; 227
(B) Misconduct of the jury, prosecuting attorney, or the 228
witnesses for the state; 229

H. B. No. 177 As Introduced

(C) Accident or surprise which ordinary prudence could not 23
have guarded against; 23

(D) That the verdict is not sustained by sufficient evidence or is contrary to law; but if the evidence shows the defendant is not guilty of the degree of crime for which he the defendant was convicted, but guilty of a lesser degree thereof, or of a lesser crime included therein, the court may modify the verdict or finding accordingly, without granting or ordering a new trial, and pass sentence on such verdict or finding as modified, provided that this power extends to any court to which the cause may be taken on appeal;

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(E) Error of law occurring at the trial; 241
(F) When new evidence is discovered material to the 242
defendant, which he the defendant could not with reasonable 243
diligence have discovered and produced at the trial. When a 244
motion for a new trial is made upon the ground of newly 245
discovered evidence, the defendant must produce at the hearing 246
of said motion, in support thereof, the affidavits of the 247
witnesses by whom such evidence is expected to be given, and if 248
time is required by the defendant to procure such affidavits, 249
the court may postpone the hearing of the motion for such length 250
of time as under all the circumstances of the case is 251
reasonable. The prosecuting attorney may produce affidavits or 252
other evidence to impeach the affidavits of such witnesses. 253
(G) When new evidence is discovered that, were it to be 254
considered at a new trial, would establish a strong probability 255
of a different result at trial. 256
Sec. 2945.80. Application (A) Except as provided in 257
divisions (B) and (C) of this section, applications for a new 258

H. B. No. 177 As Introduced

trial shall be made by motion upon written grounds, and except
for the cause of newly discovered evidence material for the 2
person applying, which he could not with reasonable diligence 2
have discovered and produced at the trial, shall be filed within 2
three days after the verdict was rendered, or the decision of 2
the court where a trial by jury has been waived, unless it is 2
made to appear by clear and convincing proof that the defendant 2
was unavoidably prevented from filing his a motion for new trial 2
in which case it shall be filed within three days from the order 2
of the court finding that he the defendant was unavoidably 2
prevented from filing such motion within the time provided 2
herein.

(B) Motions for new trial on account of newly discovered evidence under division (F) of section 2945.79 of the Revised Code shall be filed within one hundred twenty days following the day upon which the verdict was rendered, or the decision of the court where trial by jury has been waived. If it is made to appear by clear and convincing proof that the defendant was unavoidably prevented from the discovery of the evidence upon which he the defendant must rely, such motion shall be filed within three days from an order of the court finding that he the defendant was unavoidably prevented from discovering the evidence within the one hundred twenty day period.

(C) Motions for new trial on account of newly discovered evidence under division (G) of section 2945.79 of the Revised Code shall be filed at any time after the verdict was rendered.

Sec. 2945.81. (A) The causes enumerated in divisions (B) 285
and (C) of section 2945.79 of the Revised Code must be sustained 286
by affidavit showing their truth, and may be controverted by 287
affidavits. 288

H. B. No. 177 As Introduced

(B) The causes enumerated in division (G) of section 289
2945.79 of the Revised Code must be sustained by affidavit 290
showing their truth, and may be controverted by affidavit and 291
other documentary evidence in support of the claim for relief. 292
Sec. 2945.811. (A) As used in this section, "patently 293
frivolous" means offering evidence that, even if true, would not 294
satisfy the standard in division (G) of section 2945.79 of the 295
Revised Code. 296
(B) A motion for new trial on account of newly discovered 297
evidence under division (G) of section 2945.79 of the Revised 298
Code shall include all of the following: 299
(1) Specific, nonconclusory facts identifying the newly 300
discovered evidence; 301
(2) An explanation of how the newly discovered evidence 302
entitles the defendant to relief; 303
(3) An explanation of why the newly discovered evidence 304
was not proffered at trial or at any pretrial proceedings in the 305
case; 306
(4) Any supporting evidence or documentation. 307
(C) Before granting a hearing on a motion for a new trial, 308
the court shall review, in addition to the motion and supporting 309
evidence or documentation described in division (B) of this 310
section, the supporting affidavits and the documentary evidence, 311
all the files and records pertaining to the proceedings against 312
the defendant, including, but not limited to, the indictment, 313
the court's journal entries, the journalized records of the 314
clerk of the court, and the court reporter's transcript. 315
(D) If, after reviewing the materials described in 316

H. B. No. 177 As Introduced

division (C) of this section, the court finds that the motion for a new trial is patently frivolous, the court shall dismiss the motion.

(E) If the court does not dismiss the motion for a new trial pursuant to division (D) of this section, the parties may obtain discovery in accordance with the Ohio Rules of Civil Procedure.

(F) After reviewing the materials described in division (C) of this section and after discovery is completed pursuant to division (D) of this section, the court shall promptly hold a hearing on the motion for a new trial.

(G) If the court finds that the new evidence, were it to be considered at a new trial, would establish a strong probability of a different result at trial, the court shall grant a new trial. If the court does not find that the new evidence would establish a strong probability of a different result at trial, the court shall not grant a new trial.

(H) The court may appoint counsel to represent a person who files a motion for a new trial upon a finding that the person is indigent, unless after reviewing the materials described in division (C) of this section, the court finds that the motion is patently frivolous.

Sec. 2953.21. (A)(1)(a) (A) As used in this section, "patently frivolous" means offering evidence which, even if true, would not satisfy the standard in division (B)(1)(a)(v) of this section.

(B)(1)(a) A person in any of the following categories may file a petition in the court that imposed sentence, stating the grounds for relief relied upon, and asking the court to vacate

H. B. No. 177 As Introduced

or set aside the judgment or sentence or to grant other 346
appropriate relief: 347
(i) Any person who has been convicted of a criminal 348
offense or adjudicated a delinquent child and who claims that 349
there was such a denial or infringement of the person's rights 350
as to render the judgment void or voidable under the Ohio 351
Constitution or the Constitution of the United States; 352

(ii) Any person who has been convicted of a criminal offense and sentenced to death and who claims that there was a denial or infringement of the person's rights under either of those Constitutions that creates a reasonable probability of an altered verdict;

(iii) Any person who has been convicted of a criminal 358
offense that is a felony and who is an offender for whom DNA 359
testing that was performed under sections 2953.71 to 2953.81 of 360
the Revised Code or under former section 2953.82 of the Revised 361
Code and analyzed in the context of and upon consideration of 362
all available admissible evidence related to the person's case 363
as described in division (D) of section 2953.74 of the Revised 364
Code provided results that establish, by clear and convincing 365
evidence, actual innocence of that felony offense or, if the 366
person was sentenced to death, establish, by clear and 367
convincing evidence, actual innocence of the aggravating 368
circumstance or circumstances the person was found guilty of 369
committing and that is or are the basis of that sentence of 370
death; 371
(iv) Any person who has been convicted of aggravated 372
murder and sentenced to death for the offense and who claims 373
that the person had a serious mental illness at the time of the 374
commission of the offense and that as a result the court should 375

H. B. No. 177 As Introduced

render void the sentence of death, with the filing of the 376
petition constituting the waiver described in division (A)(3)(b) 377
(B)(3)(b) of this section; 378
(v) Any person who produces newly discovered evidence 379
that, were it to be considered at a new trial, would establish a 380
strong probability of a different result at trial. 381
(b) A petitioner under division (A)(1)(a) (B)(1)(a) of 382
this section may file a supporting affidavit and other 383
documentary evidence in support of the claim for relief. 384
(c) As used in division (A)(1)(a) (B)(1)(a) of this 385
section: 386
(i) "Actual innocence" means that, had the results of the 387
DNA testing conducted under sections 2953.71 to 2953.81 of the 388
Revised Code or under former section 2953.82 of the Revised Code 389
been presented at trial, and had those results been analyzed in 390
the context of and upon consideration of all available 391
admissible evidence related to the person's case as described in 392
division (D) of section 2953.74 of the Revised Code, no 393
reasonable factfinder would have found the petitioner guilty of 394
the offense of which the petitioner was convicted, or, if the 395
person was sentenced to death, no reasonable factfinder would 396
have found the petitioner guilty of the aggravating circumstance 397
or circumstances the petitioner was found guilty of committing 398
and that is or are the basis of that sentence of death. 399
(ii) "Serious mental illness" has the same meaning as in 400
section 2929.025 of the Revised Code. 401
(d) As used in divisions (A)(1)(a) (B)(1)(a) and (c) of 402
this section, "former section 2953.82 of the Revised Code" means 403
section 2953.82 of the Revised Code as it existed prior to July 404

H. B. No. 177 As Introduced

6, 2010. 405

(e) At any time in conjunction with the filing of a 406
petition for postconviction relief under division (A) (B) of 407
this section by a person who has been sentenced to death, or 408
with the litigation of a petition so filed, the court, for good 409
cause shown, may authorize the petitioner in seeking the 410
postconviction relief and the prosecuting attorney of the county 411
served by the court in defending the proceeding, to take 412
depositions and to issue subpoenas and subpoenas duces tecum in 413
accordance with divisions (A)(1)(e)(B)(1)(e), (A)(1)(f)(B)(1) 414
(f), and $\nrightarrow$ (D) of this section, and to any other form of 415
discovery as in a civil action that the court in its discretion 416
permits. The court may limit the extent of discovery under this 417
division. In addition to discovery that is relevant to the claim 418
and was available under Criminal Rule 16 through conclusion of 419
the original criminal trial, the court, for good cause shown, 420
may authorize the petitioner or prosecuting attorney to take 421
depositions and issue subpoenas and subpoenas duces tecum in 422
either of the following circumstances: 423
(i) For any witness who testified at trial or who was 424
disclosed by the state prior to trial, except as otherwise 425
provided in this division, the petitioner or prosecuting 426
attorney shows clear and convincing evidence that the witness is 427
material and that a deposition of the witness or the issuing of 428
a subpoena or subpoena duces tecum is of assistance in order to 429
substantiate or refute the petitioner's claim that there is a 430
reasonable probability of an altered verdict. This division does 431
not apply if the witness was unavailable for trial or would not 432
voluntarily be interviewed by the defendant or prosecuting 433
attorney. 434

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(ii) For any witness with respect to whom division (A)(1) (e)(i) (B)(1)(e)(i) of this section does not apply, the petitioner or prosecuting attorney shows good cause that the witness is material and that a deposition of the witness or the issuing of a subpoena or subpoena duces tecum is of assistance in order to substantiate or refute the petitioner's claim that there is a reasonable probability of an altered verdict.

(f) If a person who has been sentenced to death and who files a petition for postconviction relief under division (A) (B) of this section requests postconviction discovery as described in division (A)(1)(e) (B)(1)(e) of this section or if the prosecuting attorney of the county served by the court requests postconviction discovery as described in that division, within ten days after the docketing of the request, or within any other time that the court sets for good cause shown, the prosecuting attorney shall respond by answer or motion to the petitioner's request or the petitioner shall respond by answer or motion to the prosecuting attorney's request, whichever is applicable.

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(g) If a person who has been sentenced to death and who files a petition for postconviction relief under division (A) (B) of this section requests postconviction discovery as described in division (A)(1)(e) (B)(1)(e) of this section or if the prosecuting attorney of the county served by the court requests postconviction discovery as described in that division, upon motion by the petitioner, the prosecuting attorney, or the person from whom discovery is sought, and for good cause shown, the court in which the action is pending may make any order that justice requires to protect a party or person from oppression or undue burden or expense, including but not limited to the orders described in divisions (A)(1)(h)(i) (B)(1)(h)(i) to (viii) of

H. B. No. 177 As Introduced

this section. The court also may make any such order if, in its 466
discretion, it determines that the discovery sought would be 467
irrelevant to the claims made in the petition; and if the court 468
makes any such order on that basis, it shall explain in the 469
order the reasons why the discovery would be irrelevant. 470

(h) If a petitioner, prosecuting attorney, or person from whom discovery is sought makes a motion for an order under division (A)(1)(g) (B)(1)(g) of this section and the order is denied in whole or in part, the court, on terms and conditions as are just, may order that any party or person provide or permit discovery as described in division (A)(1)(e) (B)(1)(e) of this section. The provisions of Civil Rule 37(A)(4) apply to the award of expenses incurred in relation to the motion, except that in no case shall a court require a petitioner who is indigent to pay expenses under those provisions.

Before any person moves for an order under division (A)(1) (g) (B)(1)(g) of this section, that person shall make a reasonable effort to resolve the matter through discussion with the petitioner or prosecuting attorney seeking discovery. A motion for an order under division (A)(1)(g) (B)(1)(g) of this section shall be accompanied by a statement reciting the effort made to resolve the matter in accordance with this paragraph.

The orders that may be made under division (A)(1)(g) (B) (1)(g) of this section include, but are not limited to, any of the following:

(i) That the discovery not be had; 491
(ii) That the discovery may be had only on specified terms 492
and conditions, including a designation of the time or place; 493
(iii) That the discovery may be had only by a method of 494

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As Introduced

discovery other than that selected by the party seeking 495
discovery; 496
(iv) That certain matters not be inquired into or that the 497
scope of the discovery be limited to certain matters; 498
(v) That discovery be conducted with no one present except 499
persons designated by the court; 500
(vi) That a deposition after being sealed be opened only 501
by order of the court; 502
(vii) That a trade secret or other confidential research, 503
development, or commercial information not be disclosed or be 504
disclosed only in a designated way; 505
(viii) That the parties simultaneously file specified 506
documents or information enclosed in sealed envelopes to be 507
opened as directed by the court. 508
(i) Any postconviction discovery authorized under division 509
(A)(1)(e) (B)(1)(e) of this section shall be completed not later 510
than eighteen months after the start of the discovery 511
proceedings unless, for good cause shown, the court extends that 512
period for completing the discovery. 513
(j) Nothing in division (A)(1)(e) (B)(1)(e) of this 514
section authorizes, or shall be construed as authorizing, the 515
relitigation, or discovery in support of relitigation, of any 516
matter barred by the doctrine of res judicata. 517
(k) Division (A)(1) (B)(1) of this section does not apply 518
to any person who has been convicted of a criminal offense and 519
sentenced to death and who has unsuccessfully raised the same 520
claims in a petition for postconviction relief. 521
(2)(a) Except as otherwise provided in section 2953.23 of 522

H. B. No. 177 As Introduced

the Revised Code, a petition under division (A)(1)(a)(i)(B)(1) (a)(i), (ii), or (iii) of this section shall be filed no later than three hundred sixty-five days after the date on which the trial transcript is filed in the court of appeals in the direct appeal of the judgment of conviction or adjudication or, if the direct appeal involves a sentence of death, the date on which the trial transcript is filed in the supreme court. If no appeal is taken, except as otherwise provided in section 2953.23 of the Revised Code, the petition shall be filed no later than three hundred sixty-five days after the expiration of the time for filing the appeal.

(b) Except as otherwise provided in section 2953.23 of the Revised Code, a petition under division (A)(1)(a)(iv) (B)(1)(a) (iv) of this section shall be filed not later than three hundred sixty-five days after the effective date of this amendment April 12, 2021.

(c) A petition under division (B)(1)(a)(v) of this section shall be filed at any time after the expiration of the time for filing the appeal.

(3)(a) In a petition filed under division (A)(1)(a)(i)(B) (1)(a)(i), (ii), or (iii), or (v) of this section, a person who has been sentenced to death may ask the court to render void or voidable the judgment with respect to the conviction of aggravated murder or the specification of an aggravating circumstance or the sentence of death.

(b) A person sentenced to death who files a petition under division (A)(1)(a)(iv) (B)(1)(a)(iv) of this section may ask the court to render void the sentence of death and to order the resentencing of the person under division (A) of section 2929.06 of the Revised Code. If a person sentenced to death files such a

H. B. No. 177 As Introduced

petition and asks the court to render void the sentence of death 553
and to order the resentencing of the person under division (A) 554
of section 2929.06 of the Revised Code, the act of filing the 555
petition constitutes a waiver of any right to be sentenced under 556
the law that existed at the time the offense was committed and 557
constitutes consent to be sentenced to life imprisonment without 558
parole under division (A) of section 2929.06 of the Revised 559
Code. 560
(4) A petitioner shall state in the original or amended 561
petition filed under division (A) (B) of this section all 562
grounds for relief claimed by the petitioner. Except as provided 563
in section 2953.23 of the Revised Code, any ground for relief 564
that is not so stated in the petition is waived. 565
(5) If the petitioner in a petition filed under division 566
(A)(1)(a)(i)(B)(1)(a)(i), (ii), or (iii) of this section was 567
convicted of or pleaded guilty to a felony, the petition may 568
include a claim that the petitioner was denied the equal 569
protection of the laws in violation of the Ohio Constitution or 570
the United States Constitution because the sentence imposed upon 571
the petitioner for the felony was part of a consistent pattern 572
of disparity in sentencing by the judge who imposed the 573
sentence, with regard to the petitioner's race, gender, ethnic 574
background, or religion. If the supreme court adopts a rule 575
requiring a court of common pleas to maintain information with 576
regard to an offender's race, gender, ethnic background, or 577
religion, the supporting evidence for the petition shall 578
include, but shall not be limited to, a copy of that type of 579
information relative to the petitioner's sentence and copies of 580
that type of information relative to sentences that the same 581
judge imposed upon other persons. 582

H. B. No. 177 As Introduced

(6) Notwithstanding any law or court rule to the contrary, there is no limit on the number of pages in, or on the length of, a petition filed under division (A)(1)(a)(i)(B)(1)(a)(i), (ii), (iii), or (iv), or (v) of this section by a person who has been sentenced to death. If any court rule specifies a limit on the number of pages in, or on the length of, a petition filed under division (A)(1)(a)(i)(B)(1)(a)(i), (ii), (iii), or (iv), or (v) of this section or on a prosecuting attorney's response to such a petition by answer or motion and a person who has been sentenced to death files a petition that exceeds the limit specified for the petition, the prosecuting attorney may respond by an answer or motion that exceeds the limit specified for the response.

(B) (C) The clerk of the court in which the petition for postconviction relief and, if applicable, a request for postconviction discovery described in division (A)(1)(e) (B)(1) (e) of this section is filed shall docket the petition and the request and bring them promptly to the attention of the court. The clerk of the court in which the petition for postconviction relief and, if applicable, a request for postconviction discovery described in division (A)(1)(e) (B)(1)(e) of this section is filed immediately shall forward a copy of the petition and a copy of the request if filed by the petitioner to the prosecuting attorney of the county served by the court. If the request for postconviction discovery is filed by the prosecuting attorney, the clerk of the court immediately shall forward a copy of the request to the petitioner or the petitioner's counsel.

(C) (D) If a person who has been sentenced to death and 611
who files a petition for postconviction relief under division 612
(A)(1)(a)(i)(B)(1)(a)(i), (ii), (iii), or (iv), or (v) of this 613

H. B. No. 177 As Introduced

section requests a deposition or the prosecuting attorney in the 614
case requests a deposition, and if the court grants the request 615
under division (A)(1)(e) (B)(1)(e) of this section, the court 616
shall notify the petitioner or the petitioner's counsel and the 617
prosecuting attorney. The deposition shall be conducted pursuant 618
to divisions (B), (D), and (E) of Criminal Rule 15. 619
Notwithstanding division (C) of Criminal Rule 15, the petitioner 620
is not entitled to attend the deposition. The prosecuting 621
attorney shall be permitted to attend and participate in any 622
deposition. 623

(D) (E) The court shall consider a petition that is timely filed within the period specified in division (A)(2) (B)(2) of this section even if a direct appeal of the judgment is pending. Before granting a hearing on a petition filed under division (A) (1)(a)(i)(B)(1)(a)(i), (ii), (iii), or (iv), or (v) of this section, the court shall determine whether there are substantive grounds for relief. In making such a determination, the court shall consider, in addition to the petition, the supporting affidavits, and the documentary evidence, all the files and records pertaining to the proceedings against the petitioner, including, but not limited to, the indictment, the court's journal entries, the journalized records of the clerk of the court, and the court reporter's transcript. The court reporter's transcript, if ordered and certified by the court, shall be taxed as court costs. If the court dismisses the petition, it shall make and file findings of fact and conclusions of law with respect to such dismissal. If the petition was filed by a person who has been sentenced to death, the findings of fact and conclusions of law shall state specifically the reasons for the dismissal of the petition and of each claim it contains.

(E) (F) Within ten days after the docketing of the

H. B. No. 177 As Introduced

petition, or within any further time that the court may fix for 645
good cause shown, the prosecuting attorney shall respond by 646
answer or motion. Division $\twoheadrightarrow$ (B)(6) of this section applies 647
with respect to the prosecuting attorney's response. Within 648
twenty days from the date the issues are raised, either party 649
may move for summary judgment. The right to summary judgment 650
shall appear on the face of the record. 651

(F) Unless (G) For a petition filed under division (B)(1) (a)(i), (ii), (iii), or (iv) of this section, unless the petition and the files and records of the case show the petitioner is not entitled to relief, the court shall proceed to a prompt hearing on the issues even if a direct appeal of the case is pending. For a petition filed under division (B)(1)(a) (v) of this section, unless the petition and the files and records of the case show that the petition is patently frivolous, the court shall hold a hearing on the issues thirty days after the prosecuting attorney is required to respond by answer or motion as described in division (E) of this section even if a direct appeal of the case is pending. If the court notifies the parties that it has found grounds for granting relief, either party may request an appellate court in which a direct appeal of the judgment is pending to remand the pending case to the court.

With respect to a petition filed under division (A)(1)(a) 668
(iv) (B)(1)(a)(iv) of this section, the procedures and rules 669
regarding introduction of evidence and burden of proof at the 670
pretrial hearing that are set forth in divisions (C), (D), and 671
(F) of section 2929.025 of the Revised Code apply in considering 672
the petition. With respect to such a petition, the grounds for 673
granting relief are that the person has been diagnosed with one 674
or more of the conditions set forth in division (A)(1)(a) of 675

H. B. No. 177 As Introduced

section 2929.025 of the Revised Code and that, at the time of 676
the aggravated murder that was the basis of the sentence of 677
death, the condition or conditions significantly impaired the 678
person's capacity in a manner described in division (A)(1)(b) of 679
that section. 680
(G) (H) A petitioner who files a petition under division 681
(A)(1)(a)(i)(B)(1)(a)(i), (ii), (iii), or (iv), or (v) of this 682
section may amend the petition as follows: 683
(1) If the petition was filed by a person who has been 684
sentenced to death, at any time that is not later than one 685
hundred eighty days after the petition is filed, the petitioner 686
may amend the petition with or without leave or prejudice to the 687
proceedings. 688
(2) If division (G)(1) (H)(1) of this section does not 689
apply, at any time before the answer or motion is filed, the 690
petitioner may amend the petition with or without leave or 691
prejudice to the proceedings. 692
(3) The petitioner may amend the petition with leave of 693
court at any time after the expiration of the applicable period 694
specified in division (G)(1) (H)(1) or (2) of this section. 695
(H) (I) If the court does not find grounds for granting 696
relief, it shall make and file findings of fact and conclusions 697
of law and shall enter judgment denying relief on the petition. 698
If the petition was filed by a person who has been sentenced to 699
death, the findings of fact and conclusions of law shall state 700
specifically the reasons for the denial of relief on the 701
petition and of each claim it contains. If no direct appeal of 702
the case is pending and the court finds grounds for relief or if 703
a pending direct appeal of the case has been remanded to the 704

H. B. No. 177 As Introduced

court pursuant to a request made pursuant to division (F) (G) of 705
this section and the court finds grounds for granting relief, it 706
shall make and file findings of fact and conclusions of law and 707
shall enter a judgment that vacates and sets aside the judgment 708
in question, and, in the case of a petitioner who is a prisoner 709
in custody, except as otherwise described in this division, 710
shall discharge or resentence the petitioner or grant a new 711
trial as the court determines appropriate. If the court finds 712
grounds for relief in the case of a petitioner who filed a 713
petition under division (A)(1)(a)(iv) (B)(1)(a)(iv) of this 714
section, the court shall render void the sentence of death and 715
order the resentencing of the offender under division (A) of 716
section 2929.06 of the Revised Code. If the petitioner has been 717
sentenced to death, the findings of fact and conclusions of law 718
shall state specifically the reasons for the finding of grounds 719
for granting the relief, with respect to each claim contained in 720
the petition. The court also may make supplementary orders to 721
the relief granted, concerning such matters as rearraignment, 722
retrial, custody, and bail. If the trial court's order granting 723
the petition is reversed on appeal and if the direct appeal of 724
the case has been remanded from an appellate court pursuant to a 725
request under division (F) (G) of this section, the appellate 726
court reversing the order granting the petition shall notify the 727
appellate court in which the direct appeal of the case was 728
pending at the time of the remand of the reversal and remand of 729
the trial court's order. Upon the reversal and remand of the 730
trial court's order granting the petition, regardless of whether 731
notice is sent or received, the direct appeal of the case that 732
was remanded is reinstated. 733
(I) (J) Upon the filing of a petition pursuant to division 734
(A)(1)(a)(i)(B)(1)(a)(i), (ii), (iii), or (iv), or (v) of this 735

H. B. No. 177 As Introduced

section by a person sentenced to death, only the supreme court may stay execution of the sentence of death.

(J)(1) If (K)(1)(a) Except as provided in division (J)(1) 738
(b) of this section, if a person sentenced to death intends to 739
file a petition under division (B)(1)(a)(i), (ii), (iii), or 740
(iv) of this section, the court shall appoint counsel to 741
represent the person upon a finding that the person is indigent 742
and that the person either accepts the appointment of counsel or 743
is unable to make a competent decision whether to accept or 744
reject the appointment of counsel. The court may decline to 745
appoint counsel for the person only upon a finding, after a 746
hearing if necessary, that the person rejects the appointment of 747
counsel and understands the legal consequences of that decision 748
or upon a finding that the person is not indigent. If a person 749
sentenced to death intends to file a petition under division (B) 750
(1)(a)(v) of this section, the court shall appoint counsel to 751
represent the person upon a finding that the person is indigent 752
and that the person either accepts the appointment of counsel or 753
is unable to make a competent decision whether to accept or 754
reject the appointment of counsel, unless the court finds that 755
the evidence is patently frivolous. The court may decline to 756
appoint counsel for the person only upon a finding, after a 757
hearing if necessary, that the person rejects the appointment of 758
counsel and understands the legal consequences of that decision 759
or upon a finding that the person is not indigent. 760
(b) The court may appoint counsel to represent a person 761
who files a petition under division (B)(1)(a)(v) of this section 762
upon a finding that the person is indigent, unless the court 763
finds that the evidence is patently frivolous. 764
(2) The court shall not appoint as counsel under division 765

H. B. No. 177 As Introduced

(J)(1) (K)(1) of this section an attorney who represented the 766
petitioner at trial in the case to which the petition relates 767
unless the person and the attorney expressly request the 768
appointment. The court shall appoint as counsel under division 769
(J)(1) (K)(1) of this section only an attorney who is certified 770
under Rule 20 of the Rules of Superintendence for the Courts of 771
Ohio to represent indigent defendants charged with or convicted 772
of an offense for which the death penalty can be or has been 773
imposed. The ineffectiveness or incompetence of counsel during 774
proceedings under this section does not constitute grounds for 775
relief in a proceeding under this section, in an appeal of any 776
action under this section, or in an application to reopen a 777
direct appeal. 778

(3) Division (J) (K) of this section does not preclude attorneys who represent the state of Ohio from invoking the provisions of 28 U.S.C. 154 with respect to capital cases that were pending in federal habeas corpus proceedings prior to July 1, 1996, insofar as the petitioners in those cases were represented in proceedings under this section by one or more counsel appointed by the court under this section or section 120.06, 120.16, 120.26, or 120.33 of the Revised Code and those appointed counsel meet the requirements of division (J)(2) (K) (2) of this section.

(K) (L) Subject to the appeal of a sentence for a felony 789
that is authorized by section 2953.08 of the Revised Code, the 790
remedy set forth in this section is the exclusive remedy by 791
which a person may bring a collateral challenge to the validity 792
of a conviction or sentence in a criminal case or to the 793
validity of an adjudication of a child as a delinquent child for 794
the commission of an act that would be a criminal offense if 795
committed by an adult or the validity of a related order of 796

H. B. No. 177 As Introduced

disposition.

Sec. 2953.23. (A) Whether a hearing is or is not held on a petition filed pursuant to section 2953.21 of the Revised Code, a court may not entertain a petition filed after the expiration of the period prescribed in division (A) (B) of that section or a second petition or successive petitions for similar relief on behalf of a petitioner unless division (A)(1) or (2) of this section applies:

(1) Both of the following apply:

797
798
799
800
801
802
803
804
805
806
807
808
809
810
811
812
813
814
822
823
824
825

(a) Either the petitioner shows that the petitioner was unavoidably prevented from discovery of the facts upon which the petitioner must rely to present the claim for relief, or, subsequent to the period prescribed in division (A)(2) (B)(2) of section 2953.21 of the Revised Code or to the filing of an earlier petition, the United States Supreme Court recognized a new federal or state right that applies retroactively to persons in the petitioner's situation, and the petition asserts a claim based on that right.

(b) The petitioner shows by clear and convincing evidence 815
that, but for constitutional error at trial, no reasonable 816
factfinder would have found the petitioner guilty of the offense 817
of which the petitioner was convicted or, if the claim 818
challenges a sentence of death that, but for constitutional 819
error at the sentencing hearing, no reasonable factfinder would 820
have found the petitioner eligible for the death sentence. 821

(2) The petitioner was convicted of a felony, the petitioner is an offender for whom DNA testing was performed under sections 2953.71 to 2953.81 of the Revised Code or under former section 2953.82 of the Revised Code and analyzed in the

H. B. No. 177 As Introduced

context of and upon consideration of all available admissible	826
evidence related to the inmate's case as described in division	827
(D） of section 2953.74 of the Revised Code, and the results of	828
the DNA testing establish, by clear and convincing evidence,	829
actual innocence of that felony offense or, if the person was	830
aa oo o 's ' s	831
actual innocence of the aggravating circumstance or	832
circumstances the person was found guilty of committing and that	833
is or are the basis of that sentence of death.	834
	835
meaning as in division (A)(l)(e)(B)(1)(c)_of section 2953.21 of	836
the Revised Code, and "former section 2953.82 of the Revised	837
Code" has the same meaning as in division (A)(l)(d)(B)(l)(d)_of	838
section 2953.21 of the Revised Code.	839
	840
(B） An order awarding or denying relief sought in a petition filed pursuant to section 2953.21 of the Revised Code	841
is a final judgment and may be appealed pursuant to Chapter	842
2953. of the Revised Code.	843
	844
If a petition filed pursuant to section 2953.2l of the	845
denied and the person appeals the judgment, notwithstanding any	846
law or court rule to the contrary， there is no limit on the	847
number of pages in, or on the length of， a notice of appeal or	848
briefs related to an appeal filed by the person. If any court	849
rule specifies a limit on the number of pages in， or on the	850
length of, a notice of appeal or briefs described in this	851
	852
	853
death files a notice of appeal or briefs that exceed the limit	854
	855

H. B. No. 177 As Introduced

response or briefs that exceed the limit specified for the 856
answer or briefs. 857
Section 2. That existing sections 181.25, 2929.06, 858
2945.79, 2945.80, 2945.81, 2953.21, and 2953.23 of the Revised 859
Code are hereby repealed. 860
Section 3. Section 2929.06 of the Revised Code is 861
presented in this act as a composite of the section as amended 862
by both H.B. 136 and S.B. 256 of the 133rd General Assembly. The 863
General Assembly, applying the principle stated in division (B) 864
of section 1.52 of the Revised Code that amendments are to be 865
harmonized if reasonably capable of simultaneous operation, 866
finds that the composite is the resulting version of the section 867
in effect prior to the effective date of the section as 868
presented in this act. 869