Bill > HB490

This bill expands postconviction relief options for individuals convicted of felonies or death penalty cases by modifying the rules around DNA testing and actual innocence claims. Specifically, the bill broadens the definition of "qualifying DNA testing" to include tests performed at the request of the state or county prosecutor, in addition to previously defined testing protocols. The bill allows individuals convicted of a felony to file a petition for postconviction relief if DNA testing provides clear and convincing evidence of actual innocence, even if the petition is filed after the standard time limitations. "Actual innocence" is defined as DNA evidence that, if presented at the original trial, would have led a reasonable factfinder to find the person not guilty. The bill also maintains existing provisions for death penalty cases, including special procedural considerations and the ability to challenge sentences based on serious mental illness. Additionally, the bill removes some technical language about how DNA testing must be analyzed and expands the circumstances under which a person can seek postconviction relief based on new DNA evidence, making it easier for potentially wrongfully convicted individuals to challenge their convictions.

Justice

https://www.legislature.ohio.gov/legislation/136/hb490