To amend sections 2953.21 and 2953.23 of the Revised Code to expand the availability of postconviction relief based on DNA testing showing actual innocence.
Summary
HB490 would amend Ohio’s postconviction relief statutes to expand access to relief for people who claim they are actually innocent based on DNA testing. The bill adds a new category of petitioners under section 2953.21 for felony convictions supported by “qualifying DNA testing” that, when considered with all admissible evidence, establishes actual innocence by clear and convincing evidence. It also defines qualifying DNA testing to include testing done under Ohio’s DNA-testing statutes or testing performed at the request of the state or county prosecutor on or after the bill’s effective date.
The bill also revises section 2953.23, which governs untimely and successive postconviction petitions, so that DNA-based actual-innocence claims can be brought even after the normal filing deadline or in a second or successive petition if the statutory DNA and innocence requirements are met. In addition to the DNA-related changes, the bill preserves and reorganizes existing postconviction procedures, including discovery rules, appointment of counsel in capital cases, hearing procedures, and appeal rights, while making conforming changes to terminology and references throughout the sections it amends.
Impact
If enacted, HB490 would change Ohio law by creating a broader statutory pathway for postconviction relief based on DNA evidence of actual innocence, including for otherwise time-barred or successive petitions. It would affect convicted persons seeking to challenge felony convictions, and in capital cases it would also apply to claims involving aggravating circumstances supporting a death sentence. The bill amends Revised Code sections 2953.21 and 2953.23 and repeals the existing versions of those sections, thereby updating the state’s postconviction framework and expanding the circumstances under which courts may consider DNA-based innocence claims.
Sentiment
The available context shows the bill was introduced and referred to the House Judiciary Committee, with no recorded votes or committee testimony in the provided materials. Based on the bill’s purpose and structure, the measure appears to be framed as a criminal-justice reform and wrongful-conviction remedy bill, with an emphasis on allowing courts to hear DNA-based innocence claims that might otherwise be procedurally barred. Because there is no recorded debate in the supplied context, there is no documented public split or consensus to characterize beyond the bill’s reform-oriented intent.
Contention
The main points of potential contention are likely to be the expansion of postconviction litigation and the reopening of final convictions, especially through untimely or successive petitions. Opponents could object that the bill increases burdens on prosecutors and courts, extends litigation in cases that have already been adjudicated, and may weaken finality interests. Supporters would likely emphasize that DNA testing can conclusively identify wrongful convictions and that the bill appropriately prioritizes actual innocence over procedural barriers. In capital cases, additional sensitivity may arise from the bill’s effect on death-sentence challenges and the related discovery and resentencing procedures.
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