HB 490: Expand postconviction relief re:DNA test showing actual innocence
This bill expands the availability of postconviction relief based on DNA testing, allowing individuals to file a petition in court to vacate or set aside a conviction if they claim actual innocence. The bill includes four categories of individuals who can file a petition, including those who were sentenced to death, those who were convicted of aggravated murder, and those who were convicted of a felony with qualifying DNA testing. To qualify, the DNA testing must show actual innocence of the offense, and the results must have been presented at trial or analyzed in the context of all available evidence. The bill also allows for postconviction discovery, including depositions and subpoenas, to substantiate or refute the claim of actual innocence. The court may limit the extent of discovery if it determines that the discovery sought is irrelevant to the claims made in the petition.<br>This…
| Oct. 08, 2025 | Referred to committee: Judiciary |
| Oct. 01, 2025 | Introduced |
As Introduced
136th General Assembly
Regular Session
H. B. No. 490
2025-2026
Representatives Schmidt, Williams
To amend sections 2953.21 and 2953.23 of the 1 Revised Code to expand the availability of 2 postconviction relief based on DNA testing 3 showing actual innocence.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2953.21 and 2953.23 of the 5 Revised Code be amended to read as follows:
Sec. 2953.21.
(A) (1) (a) A person in any of the following 7 categories may file a petition in the court that imposed 8 sentence, stating the grounds for relief relied upon, and asking 9 the court to vacate or set aside the judgment or sentence or to 10 grant other appropriate relief:
(i) Any person who has been convicted of a criminal 12 offense or adjudicated a delinquent child and who claims that 13 there was such a denial or infringement of the person's rights 14 as to render the judgment void or voidable under the Ohio 15 Constitution or the Constitution of the United States;
(ii) Any person who has been convicted of a criminal 17 offense and sentenced to death and who claims that there was a 18 denial or infringement of the person's rights under either of 19 those Constitutions that creates a reasonable probability of an 20 altered verdict;
(iii) Any person who has been convicted of a criminal offense that is a felony and who is an offender for whom whose petition is based on qualifying DNA testing that was performedunder sections 2953.71 to 2953.81 of the Revised Code or under- former section 2953.82 of the Revised Code and analyzed in the- 26 context of and upon consideration of all available admissible evidence related to the person's case as described in division (D) of section 2953.74 of the Revised Code that provided results that establish, by clear and convincing evidence, actual innocence of that felony offense or, if the person was sentenced to death, establish, by clear and convincing evidence, actual innocence of the aggravating circumstance or circumstances the person was found guilty of committing and that is or are the basis of that sentence of death;
(iv) Any person who has been convicted of aggravated murder and sentenced to death for the offense and who claims that the person had a serious mental illness at the time of the commission of the offense and that as a result the court should render void the sentence of death, with the filing of the petition constituting the waiver described in division (A) (3) (b) of this section.
(b) A petitioner under division (A) (1) (a) of this section may file a supporting affidavit and other documentary evidence in support of the claim for relief.
(c) As used in division (A) (1) (a) of this section:
(i) "Qualifying DNA testing" means either of the following:
(I) DNA testing that was performed under sections 2953.71 to 2953.81 of the Revised Code or under former section 2953.82 of the Revised Code;
(II) DNA testing that was performed on or after the effective date of this amendment at the request or on behalf of the state or the prosecuting attorney of the county in which the offender was convicted.
(ii) "Actual innocence" means that, had the results of the DNA testing conducted under sections 2953.71 to 2953.81 of the Revised Code or under former section 2953.82 of the Revised Code in a context described in division (A) (1) (c) (i) of this section been presented at trial, and had those results been analyzed in the context of and upon consideration of all available admissible evidence related to the person's case-as described in division (D) of section 2953.74 of the Revised Code, no reasonable factfinder would have found the petitioner guilty of the offense of which the petitioner was convicted, or, if the person was sentenced to death, no reasonable factfinder would have found the petitioner guilty of the aggravating circumstance or circumstances the petitioner was found guilty of committing and that is or are the basis of that sentence of death.
(iii) (iii) "Serious mental illness" has the same meaning as in section 2929.025 of the Revised Code.
(d) As used in divisions (A) (1) (a) and (c) of this section, "former section 2953.82 of the Revised Code" means section 2953.82 of the Revised Code as it existed prior to July 6, 2010.
(e) At any time in conjunction with the filing of a petition for postconviction relief under division (A) of this section by a person who has been sentenced to death, or with the litigation of a petition so filed, the court, for good cause ..... 79 shown, may authorize the petitioner in seeking the ..... 80 postconviction relief and the prosecuting attorney of the county ..... 81 served by the court in defending the proceeding, to take ..... 82 depositions and to issue subpoenas and subpoenas duces tecum in ..... 83 accordance with divisions (A) (1) (e), (A) (1) (f), and (C) of this ..... 84 section, and to any other form of discovery as in a civil action ..... 85 that the court in its discretion permits. The court may limit ..... 86 the extent of discovery under this division. In addition to ..... 87 discovery that is relevant to the claim and was available under ..... 88 Criminal Rule 16 through conclusion of the original criminal ..... 89 trial, the court, for good cause shown, may authorize the ..... 90 petitioner or prosecuting attorney to take depositions and issue ..... 91 subpoenas and subpoenas duces tecum in either of the following ..... 92 circumstances: ..... 93
(i) For any witness who testified at trial or who was ..... 94 disclosed by the state prior to trial, except as otherwise ..... 95 provided in this division, the petitioner or prosecuting ..... 96 attorney shows clear and convincing evidence that the witness is ..... 97 material and that a deposition of the witness or the issuing of ..... 98 a subpoena or subpoena duces tecum is of assistance in order to ..... 99 substantiate or refute the petitioner's claim that there is a ..... 100 reasonable probability of an altered verdict. This division does ..... 101 not apply if the witness was unavailable for trial or would not ..... 102 voluntarily be interviewed by the defendant or prosecuting ..... 103 attorney. ..... 104
(ii) For any witness with respect to whom division (A) (1) ..... 105 (e) (i) of this section does not apply, the petitioner or ..... 106 prosecuting attorney shows good cause that the witness is ..... 107 material and that a deposition of the witness or the issuing of ..... 108 a subpoena or subpoena duces tecum is of assistance in order to ..... 109 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 112 files a petition for postconviction relief under division (A) of 113 this section requests postconviction discovery as described in 114 division (A) (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 117 ten days after the docketing of the request, or within any other 118 time that the court sets for good cause shown, the prosecuting attorney shall respond by answer or motion to the petitioner's 120 request or the petitioner shall respond by answer or motion to 121 the prosecuting attorney's request, whichever is applicable.
(g) If a person who has been sentenced to death and who 123 files a petition for postconviction relief under division (A) of 124 this section requests postconviction discovery as described in 125 division (A) (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 127 motion by the petitioner, the prosecuting attorney, or the 129 person from whom discovery is sought, and for good cause shown, 130 the court in which the action is pending may make any order that 131 justice requires to protect a party or person from oppression or 132 undue burden or expense, including but not limited to the orders 133 described in divisions (A) (1) (h) (i) to (viii) of this section. 134 The court also may make any such order if, in its discretion, it 135 determines that the discovery sought would be irrelevant to the 136 claims made in the petition; and if the court makes any such 137 order on that basis, it shall explain in the order the reasons 138 why the discovery would be irrelevant.
H. B. No. 490
As Introduced
(h) If a petitioner, prosecuting attorney, or person from whom discovery is sought makes a motion for an order under division (A) (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) 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) 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) 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) of this section include, but are not limited to, any of the following:
(i) That the discovery not be had;
(ii) That the discovery may be had only on specified terms and conditions, including a designation of the time or place;
(iii) That the discovery may be had only by a method of discovery other than that selected by the party seeking discovery;
(iv) That certain matters not be inquired into or that the scope of the discovery be limited to certain matters;
(v) That discovery be conducted with no one present except persons designated by the court;
(vi) That a deposition after being sealed be opened only by order of the court;
(vii) That a trade secret or other confidential research, development, or commercial information not be disclosed or be disclosed only in a designated way;
(viii) That the parties simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by the court.
(i) Any postconviction discovery authorized under division (A) (1) (e) of this section shall be completed not later than eighteen months after the start of the discovery proceedings unless, for good cause shown, the court extends that period for completing the discovery.
(j) Nothing in division (A) (1) (e) of this section authorizes, or shall be construed as authorizing, the relitigation, or discovery in support of relitigation, of any matter barred by the doctrine of res judicata.
(k) Division (A) (1) of this section does not apply to any person who has been convicted of a criminal offense and sentenced to death and who has unsuccessfully raised the same claims in a petition for postconviction relief, provided that this division does not limit or preclude a person from filing a second or successive petition for postconviction relief when authorized under section 2953.23 of the Revised Code.
(2) (a) Except as otherwise provided in section 2953.23 of the Revised Code, a petition under division (A) (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) of this section shall be filed not later than three hundred sixty-five days after-the-effective-date of this amendment April 12, 2021.
(3) (a) In a petition filed under division (A) (1) (a) (i), (ii), or (iii) 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) 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 petition and asks 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, the act of filing the petition constitutes a waiver of any right to be sentenced under the law that existed at the time the offense was committed and constitutes consent to be sentenced to life imprisonment without parole under division (A) of section 2929.06 of the Revised Code.
(4) A petitioner shall state in the original or amended ..... 229 petition filed under division (A) of this section all grounds ..... 230 for relief claimed by the petitioner. Except as provided in ..... 231 section 2953.23 of the Revised Code, any ground for relief that ..... 232 is not so stated in the petition is waived. ..... 233
(5) If the petitioner in a petition filed under division ..... 234 (A) (1) (a) (i), (ii), or (iii) of this section was convicted of or ..... 235 pleaded guilty to a felony, the petition may include a claim ..... 236 that the petitioner was denied the equal protection of the laws ..... 237 in violation of the Ohio Constitution or the United States ..... 238 Constitution because the sentence imposed upon the petitioner ..... 239 for the felony was part of a consistent pattern of disparity in ..... 240 sentencing by the judge who imposed the sentence, with regard to ..... 241 the petitioner's race, gender, ethnic background, or religion. ..... 242 If the supreme court adopts a rule requiring a court of common ..... 243 pleas to maintain information with regard to an offender's race, ..... 244 gender, ethnic background, or religion, the supporting evidence ..... 245 for the petition shall include, but shall not be limited to, a ..... 246 copy of that type of information relative to the petitioner's ..... 247 sentence and copies of that type of information relative to ..... 248 sentences that the same judge imposed upon other persons. ..... 249
(6) Notwithstanding any law or court rule to the contrary, ..... 250 there is no limit on the number of pages in, or on the length ..... 251 of, a petition filed under division (A) (1) (a) (i), (ii), (iii), ..... 252 or (iv) of this section by a person who has been sentenced to ..... 253 death. If any court rule specifies a limit on the number of ..... 254 pages in, or on the length of, a petition filed under division ..... 255 (A) (1) (a) (i), (ii), (iii), or (iv) of this section or on a ..... 256 prosecuting attorney's response to such a petition by answer or ..... 257 motion and a person who has been sentenced to death files a ..... 258 petition that exceeds the limit specified for the petition, the ..... 259 prosecuting attorney may respond by an answer or motion that ..... 260 exceeds the limit specified for the response. ..... 261
(B) The clerk of the court in which the petition for ..... 262 postconviction relief and, if applicable, a request for ..... 263 postconviction discovery described in division (A) (1) (e) of this ..... 264 section is filed shall docket the petition and the request and ..... 265 bring them promptly to the attention of the court. The clerk of ..... 266 the court in which the petition for postconviction relief and, ..... 267 if applicable, a request for postconviction discovery described ..... 268 in division (A) (1) (e) of this section is filed immediately shall ..... 269 forward a copy of the petition and a copy of the request if ..... 270 filed by the petitioner to the prosecuting attorney of the ..... 271 county served by the court. If the request for postconviction ..... 272 discovery is filed by the prosecuting attorney, the clerk of the ..... 273 court immediately shall forward a copy of the request to the ..... 274 petitioner or the petitioner's counsel. ..... 275
(C) If a person who has been sentenced to death and who ..... 276 files a petition for postconviction relief under division (A) (1) ..... 277 (a) (i), (ii), (iii), or (iv) of this section requests a ..... 278 deposition or the prosecuting attorney in the case requests a ..... 279 deposition, and if the court grants the request under division ..... 280 (A) (1) (e) of this section, the court shall notify the petitioner ..... 281 or the petitioner's counsel and the prosecuting attorney. The ..... 282 deposition shall be conducted pursuant to divisions (B), (D), ..... 283 and (E) of Criminal Rule 15. Notwithstanding division (C) of ..... 284 Criminal Rule 15, the petitioner is not entitled to attend the ..... 285 deposition. The prosecuting attorney shall be permitted to ..... 286 attend and participate in any deposition. ..... 287
H. B. No. 490
As Introduced
(D) The court shall consider a petition that is timely 288 filed within the period specified in division (A) (2) of this 289 section even if a direct appeal of the judgment is pending. 290 Before granting a hearing on a petition filed under division (A) 291 (1) (a) (i), (ii), (iii), or (iv) of this section, the court shall 292 determine whether there are substantive grounds for relief. In 293 making such a determination, the court shall consider, in 294 addition to the petition, the supporting affidavits, and the 295 documentary evidence, all the files and records pertaining to 296 the proceedings against the petitioner, including, but not 297 limited to, the indictment, the court's journal entries, the 298 journalized records of the clerk of the court, and the court 299 reporter's transcript. The court reporter's transcript, if 300 ordered and certified by the court, shall be taxed as court 301 costs. If the court dismisses the petition, it shall make and 302 file findings of fact and conclusions of law with respect to 303 such dismissal. If the petition was filed by a person who has 304 been sentenced to death, the findings of fact and conclusions of 305 law shall state specifically the reasons for the dismissal of 306 the petition and of each claim it contains.
(E) Within ten days after the docketing of the petition, 308 or within any further time that the court may fix for good cause 309 shown, the prosecuting attorney shall respond by answer or 310 motion. Division (A) (6) of this section applies with respect to 311 the prosecuting attorney's response. Within twenty days from the 312 date the issues are raised, either party may move for summary 313 judgment. The right to summary judgment shall appear on the face 314 of the record.
(F) Unless the petition and the files and records of the 316 case show the petitioner is not entitled to relief, the court 317 shall proceed to a prompt hearing on the issues even if a direct 318 appeal of the case is pending. If the court notifies the parties ..... 319 that it has found grounds for granting relief, either party may ..... 320 request an appellate court in which a direct appeal of the ..... 321 judgment is pending to remand the pending case to the court. ..... 322 With respect to a petition filed under division (A) (1) (a) ..... 323 (iv) of this section, the procedures and rules regarding ..... 324 introduction of evidence and burden of proof at the pretrial ..... 325 hearing that are set forth in divisions (C), (D), and (F) of ..... 326 section 2929.025 of the Revised Code apply in considering the ..... 327 petition. With respect to such a petition, the grounds for ..... 328 granting relief are that the person has been diagnosed with one ..... 329 or more of the conditions set forth in division (A) (1) (a) of ..... 330 section 2929.025 of the Revised Code and that, at the time of ..... 331 the aggravated murder that was the basis of the sentence of ..... 332 death, the condition or conditions significantly impaired the ..... 333 person's capacity in a manner described in division (A) (1) (b) of ..... 334 that section.
(G) A petitioner who files a petition under division (A) ..... 336 (1) (a) (i), (ii), (iii), or (iv) of this section may amend the ..... 337 petition as follows:
(1) If the petition was filed by a person who has been ..... 339 sentenced to death, at any time that is not later than one ..... 340 hundred eighty days after the petition is filed, the petitioner ..... 341 may amend the petition with or without leave or prejudice to the ..... 342 proceedings.
(2) If division (G) (1) of this section does not apply, at ..... 344 any time before the answer or motion is filed, the petitioner ..... 345 may amend the petition with or without leave or prejudice to the ..... 346 proceedings. ..... 347
(3) The petitioner may amend the petition with leave of ..... 348 court at any time after the expiration of the applicable period349 specified in division (G) (1) or (2) of this section. ..... 350
(H) If the court does not find grounds for granting ..... 351 relief, it shall make and file findings of fact and conclusions ..... 352 of law and shall enter judgment denying relief on the petition. ..... 353 If the petition was filed by a person who has been sentenced to ..... 354 death, the findings of fact and conclusions of law shall state ..... 355 specifically the reasons for the denial of relief on the ..... 356 petition and of each claim it contains. If no direct appeal of ..... 357 the case is pending and the court finds grounds for relief or if ..... 358 a pending direct appeal of the case has been remanded to the ..... 359 court pursuant to a request made pursuant to division (F) of ..... 360 this section and the court finds grounds for granting relief, it ..... 361 shall make and file findings of fact and conclusions of law and ..... 362 shall enter a judgment that vacates and sets aside the judgment ..... 363 in question, and, in the case of a petitioner who is a prisoner ..... 364 in custody, except as otherwise described in this division, ..... 365 shall discharge or resentence the petitioner or grant a new ..... 366 trial as the court determines appropriate. If the court finds ..... 367 grounds for relief in the case of a petitioner who filed a ..... 368 petition under division (A) (1) (a) (iv) of this section, the court ..... 369 shall render void the sentence of death and order the ..... 370 resentencing of the offender under division (A) of section ..... 371 2929.06 of the Revised Code. If the petitioner has been ..... 372 sentenced to death, the findings of fact and conclusions of law ..... 373 shall state specifically the reasons for the finding of grounds ..... 374 for granting the relief, with respect to each claim contained in ..... 375 the petition. The court also may make supplementary orders to ..... 376 the relief granted, concerning such matters as rearraignment, ..... 377 retrial, custody, and bail. If the trial court's order granting ..... 378 the petition is reversed on appeal and if the direct appeal of ..... 379 the case has been remanded from an appellate court pursuant to a ..... 380 request under division (F) of this section, the appellate court ..... 381 reversing the order granting the petition shall notify the ..... 382 appellate court in which the direct appeal of the case was ..... 383 pending at the time of the remand of the reversal and remand of ..... 384 the trial court's order. Upon the reversal and remand of the ..... 385 trial court's order granting the petition, regardless of whether ..... 386 notice is sent or received, the direct appeal of the case that ..... 387 was remanded is reinstated.
(I) Upon the filing of a petition pursuant to division (A) ..... 389 (1) (a) (i), (ii), (iii), or (iv) of this section by a person ..... 390 sentenced to death, only the supreme court may stay execution of ..... 391 the sentence of death.
(J) (1) If a person sentenced to death intends to file a ..... 393 petition under this section, the court shall appoint counsel to ..... 394 represent the person upon a finding that the person is indigent ..... 395 and that the person either accepts the appointment of counsel or ..... 396 is unable to make a competent decision whether to accept or ..... 397 reject the appointment of counsel. The court may decline to ..... 398 appoint counsel for the person only upon a finding, after a ..... 399 hearing if necessary, that the person rejects the appointment of ..... 400 counsel and understands the legal consequences of that decision ..... 401 or upon a finding that the person is not indigent.
(2) The court shall not appoint as counsel under division ..... 403 (J) (1) of this section an attorney who represented the ..... 404 petitioner at trial in the case to which the petition relates ..... 405 unless the person and the attorney expressly request the ..... 406 appointment. The court shall appoint as counsel under division ..... 407 (J) (1) of this section only an attorney who is certified under ..... 408 Rule 20 of the Rules of Superintendence for the Courts of Ohio ..... 409 to represent indigent defendants charged with or convicted of an offense for which the death penalty can be or has been imposed. The ineffectiveness or incompetence of counsel during proceedings under this section does not constitute grounds for relief in a proceeding under this section, in an appeal of any action under this section, or in an application to reopen a direct appeal.
(3) Division (J) 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) of this section.
(K) Subject to the appeal of a sentence for a felony that is authorized by section 2953.08 of the Revised Code, the remedy set forth in this section is the exclusive remedy by which a person may bring a collateral challenge to the validity of a conviction or sentence in a criminal case or to the validity of an adjudication of a child as a delinquent child for the commission of an act that would be a criminal offense if committed by an adult or the validity of a related order of 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) of that section or a ..... 439 second petition or successive petitions for similar relief on ..... 440 behalf of a petitioner unless division (A) (1) or (2) of this ..... 441 section applies:
(1) Both of the following apply:
(a) Either the petitioner shows that the petitioner was ..... 444 unavoidably prevented from discovery of the facts upon which the ..... 445 petitioner must rely to present the claim for relief, or, ..... 446 subsequent to the period prescribed in division (A) (2) of ..... 447 section 2953.21 of the Revised Code or to the filing of an ..... 448 earlier petition, the United States Supreme Court recognized a ..... 449 new federal or state right that applies retroactively to persons ..... 450 in the petitioner's situation, and the petition asserts a claim ..... 451 based on that right. ..... 452
(b) The petitioner shows by clear and convincing evidence ..... 453 that, but for constitutional error at trial, no reasonable ..... 454 factfinder would have found the petitioner guilty of the offense ..... 455 of which the petitioner was convicted or, if the claim ..... 456 challenges a sentence of death that, but for constitutional ..... 457 error at the sentencing hearing, no reasonable factfinder would ..... 458 have found the petitioner eligible for the death sentence. ..... 459
(2) All of the following apply:
(a) The petitioner was convicted of a felony, the ..... 461 petitioner is an offender for whom. ..... 462
(b) The petitioner's petition is based on qualifying DNA ..... 463 testing was performed under sections 2953.71 to 2953.81 of the ..... 464 Revised Code or under former section 2953.82 of the Revised Code ..... 465 and analyzed in the context of and upon consideration of all- ..... 466 available admissible evidence related to the inmate's case as- ..... 467 described in division (D) of section 2953.74 of the Revised 468 Code, and the.
(c) The results of the qualifying DNA testing establish, 470 by clear and convincing evidence, actual innocence of that 471 felony offense or, if the person was sentenced to death, 472 establish, by clear and convincing evidence, actual innocence of 473 the aggravating circumstance or circumstances the person was 474 found guilty of committing and that is or are the basis of that 475 sentence of death.
As used in this division, "actual innocence" has the same 477 meaning as in division (A) (1) (c) of section 2953.21 of the 478 Revised Code, and "former section 2953.82 of the Revised Code" 479 has the same meaning as in division (A) (1) (d) of section 2953.21 480 of the Revised Code.
H. B. No. 490 Page 17
As Introduced
(B) An order awarding or denying relief sought in a 482 petition filed pursuant to section 2953.21 of the Revised Code 483 is a final judgment and may be appealed pursuant to Chapter 484 2953. of the Revised Code.
If a petition filed pursuant to section 2953.21 of the 486 Revised Code by a person who has been sentenced to death is 487 denied and the person appeals the judgment, notwithstanding any 488 law or court rule to the contrary, there is no limit on the 489 number of pages in, or on the length of, a notice of appeal or 490 briefs related to an appeal filed by the person. If any court 491 rule specifies a limit on the number of pages in, or on the 492 length of, a notice of appeal or briefs described in this 493 division or on a prosecuting attorney's response or briefs with 494 respect to such an appeal and a person who has been sentenced to 495 death files a notice of appeal or briefs that exceed the limit 496 specified for the petition, the prosecuting attorney may file a 497 response or briefs that exceed the limit specified for the ..... 498 answer or briefs. ..... 499
(C) As used in division (A) (2) of this section, "actual ..... 500 innocence" and "qualifying DNA testing" have the same meanings ..... 501 as in division (A) (1) (c) of section 2953.21 of the Revised Code. ..... 502
Section 2. That existing sections 2953.21 and 2953.23 of ..... 503 the Revised Code are hereby repealed. ..... 504