HB 490

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.  4
 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:  6
     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:  11
     (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;  16
     (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
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As Introduced
altered verdict;  21
       (iii) Any person who has been convicted of a criminal  22
offense that is a felony and who is an offender for whom whose  23
petition is based on qualifying DNA testing that was performed  24
under sections 2953.71 to 2953.81 of the Revised Code or under  25
former section 2953.82 of the Revised Code and analyzed in the  26
context of and upon consideration of all available admissible  27
evidence related to the person's case as described in division  28
(D) of section 2953.74 of the Revised Code that provided results  29
that establish, by clear and convincing evidence, actual  30
innocence of that felony offense or, if the person was sentenced  31
to death, establish, by clear and convincing evidence, actual  32
innocence of the aggravating circumstance or circumstances the  33
person was found guilty of committing and that is or are the  34
basis of that sentence of death;  35
       (iv) Any person who has been convicted of aggravated  36
murder and sentenced to death for the offense and who claims  37
that the person had a serious mental illness at the time of the  38
commission of the offense and that as a result the court should  39
render void the sentence of death, with the filing of the  40
petition constituting the waiver described in division (A)(3)(b)  41
of this section.  42
       (b) A petitioner under division (A)(1)(a) of this section  43
may file a supporting affidavit and other documentary evidence  44
in support of the claim for relief.  45
       (c) As used in division (A)(1)(a) of this section:  46
       (i) "Qualifying DNA testing" means either of the  47
following:  48
       (I) DNA testing that was performed under sections 2953.71  49
H. B. No. 490  Page 3
As Introduced
to 2953.81 of the Revised Code or under former section 2953.82  50
of the Revised Code;  51
       (II) DNA testing that was performed on or after the  52
effective date of this amendment at the request or on behalf of  53
the state or the prosecuting attorney of the county in which the  54
offender was convicted.  55
       (ii) "Actual innocence" means that, had the results of the  56
DNA testing conducted under sections 2953.71 to 2953.81 of the  57
Revised Code or under former section 2953.82 of the Revised Code  58
in a context described in division (A)(1)(c)(i) of this section  59
been presented at trial, and had those results been analyzed in  60
the context of and upon consideration of all available  61
admissible evidence related to the person's case as described in  62
division (D) of section 2953.74 of the Revised Code, no  63
reasonable factfinder would have found the petitioner guilty of  64
the offense of which the petitioner was convicted, or, if the  65
person was sentenced to death, no reasonable factfinder would  66
have found the petitioner guilty of the aggravating circumstance  67
or circumstances the petitioner was found guilty of committing  68
and that is or are the basis of that sentence of death.  69
       (ii)(iii) "Serious mental illness" has the same meaning as  70
in section 2929.025 of the Revised Code.  71
       (d) As used in divisions (A)(1)(a) and (c) of this  72
section, "former section 2953.82 of the Revised Code" means  73
section 2953.82 of the Revised Code as it existed prior to July  74
6, 2010.  75
       (e) At any time in conjunction with the filing of a  76
petition for postconviction relief under division (A) of this  77
section by a person who has been sentenced to death, or with the  78
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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
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substantiate or refute the petitioner's claim that there is a  110
reasonable probability of an altered verdict.  111
       (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  115
attorney of the county served by the court requests  116
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  119
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.  122
       (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  126
attorney of the county served by the court requests  127
postconviction discovery as described in that division, upon  128
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.  139
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       (h) If a petitioner, prosecuting attorney, or person from  140
whom discovery is sought makes a motion for an order under  141
division (A)(1)(g) of this section and the order is denied in  142
whole or in part, the court, on terms and conditions as are  143
just, may order that any party or person provide or permit  144
discovery as described in division (A)(1)(e) of this section.  145
The provisions of Civil Rule 37(A)(4) apply to the award of  146
expenses incurred in relation to the motion, except that in no  147
case shall a court require a petitioner who is indigent to pay  148
expenses under those provisions.  149
       Before any person moves for an order under division (A)(1)  150
(g) of this section, that person shall make a reasonable effort  151
to resolve the matter through discussion with the petitioner or  152
prosecuting attorney seeking discovery. A motion for an order  153
under division (A)(1)(g) of this section shall be accompanied by  154
a statement reciting the effort made to resolve the matter in  155
accordance with this paragraph.  156
       The orders that may be made under division (A)(1)(g) of  157
this section include, but are not limited to, any of the  158
following:  159
       (i) That the discovery not be had;  160
       (ii) That the discovery may be had only on specified terms  161
and conditions, including a designation of the time or place;  162
       (iii) That the discovery may be had only by a method of  163
discovery other than that selected by the party seeking  164
discovery;  165
       (iv) That certain matters not be inquired into or that the  166
scope of the discovery be limited to certain matters;  167
       (v) That discovery be conducted with no one present except  168
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persons designated by the court;  169
       (vi) That a deposition after being sealed be opened only  170
by order of the court;  171
       (vii) That a trade secret or other confidential research,  172
development, or commercial information not be disclosed or be  173
disclosed only in a designated way;  174
       (viii) That the parties simultaneously file specified  175
documents or information enclosed in sealed envelopes to be  176
opened as directed by the court.  177
       (i) Any postconviction discovery authorized under division  178
(A)(1)(e) of this section shall be completed not later than  179
eighteen months after the start of the discovery proceedings  180
unless, for good cause shown, the court extends that period for  181
completing the discovery.  182
       (j) Nothing in division (A)(1)(e) of this section  183
authorizes, or shall be construed as authorizing, the  184
relitigation, or discovery in support of relitigation, of any  185
matter barred by the doctrine of res judicata.  186
       (k) Division (A)(1) of this section does not apply to any  187
person who has been convicted of a criminal offense and  188
sentenced to death and who has unsuccessfully raised the same  189
claims in a petition for postconviction relief, provided that  190
this division does not limit or preclude a person from filing a  191
second or successive petition for postconviction relief when  192
authorized under section 2953.23 of the Revised Code.  193
       (2)(a) Except as otherwise provided in section 2953.23 of  194
the Revised Code, a petition under division (A)(1)(a)(i), (ii),  195
or (iii) of this section shall be filed no later than three  196
hundred sixty-five days after the date on which the trial  197
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transcript is filed in the court of appeals in the direct appeal  198
of the judgment of conviction or adjudication or, if the direct  199
appeal involves a sentence of death, the date on which the trial  200
transcript is filed in the supreme court. If no appeal is taken,  201
except as otherwise provided in section 2953.23 of the Revised  202
Code, the petition shall be filed no later than three hundred  203
sixty-five days after the expiration of the time for filing the  204
appeal.  205
       (b) Except as otherwise provided in section 2953.23 of the  206
Revised Code, a petition under division (A)(1)(a)(iv) of this  207
section shall be filed not later than three hundred sixty-five  208
days after the effective date of this amendment April 12, 2021.  209
       (3)(a) In a petition filed under division (A)(1)(a)(i),  210
(ii), or (iii) of this section, a person who has been sentenced  211
to death may ask the court to render void or voidable the  212
judgment with respect to the conviction of aggravated murder or  213
the specification of an aggravating circumstance or the sentence  214
of death.  215
       (b) A person sentenced to death who files a petition under  216
division (A)(1)(a)(iv) of this section may ask the court to  217
render void the sentence of death and to order the resentencing  218
of the person under division (A) of section 2929.06 of the  219
Revised Code. If a person sentenced to death files such a  220
petition and asks the court to render void the sentence of death  221
and to order the resentencing of the person under division (A)  222
of section 2929.06 of the Revised Code, the act of filing the  223
petition constitutes a waiver of any right to be sentenced under  224
the law that existed at the time the offense was committed and  225
constitutes consent to be sentenced to life imprisonment without  226
parole under division (A) of section 2929.06 of the Revised  227
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Code.  228
        (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
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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
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       (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.  307
       (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.  315
       (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
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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.  335
       (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:  338
       (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.  343
       (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
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       (3) The petitioner may amend the petition with leave of  348
court at any time after the expiration of the applicable period  349
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
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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.  388
       (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.  392
       (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.  402
       (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
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Rule 20 of the Rules of Superintendence for the Courts of Ohio  409
to represent indigent defendants charged with or convicted of an  410
offense for which the death penalty can be or has been imposed.  411
The ineffectiveness or incompetence of counsel during  412
proceedings under this section does not constitute grounds for  413
relief in a proceeding under this section, in an appeal of any  414
action under this section, or in an application to reopen a  415
direct appeal.  416
       (3) Division (J) of this section does not preclude  417
attorneys who represent the state of Ohio from invoking the  418
provisions of 28 U.S.C. 154 with respect to capital cases that  419
were pending in federal habeas corpus proceedings prior to July  420
1, 1996, insofar as the petitioners in those cases were  421
represented in proceedings under this section by one or more  422
counsel appointed by the court under this section or section  423
120.06, 120.16, 120.26, or 120.33 of the Revised Code and those  424
appointed counsel meet the requirements of division (J)(2) of  425
this section.  426
       (K) Subject to the appeal of a sentence for a felony that  427
is authorized by section 2953.08 of the Revised Code, the remedy  428
set forth in this section is the exclusive remedy by which a  429
person may bring a collateral challenge to the validity of a  430
conviction or sentence in a criminal case or to the validity of  431
an adjudication of a child as a delinquent child for the  432
commission of an act that would be a criminal offense if  433
committed by an adult or the validity of a related order of  434
disposition.  435
       Sec. 2953.23. (A) Whether a hearing is or is not held on a  436
petition filed pursuant to section 2953.21 of the Revised Code,  437
a court may not entertain a petition filed after the expiration  438
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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:  442
       (1) Both of the following apply:  443
       (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:  460
       (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
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described in division (D) of section 2953.74 of the Revised  468
Code, and the.  469
       (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.  476
       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.  481
       (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.  485
       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
H. B. No. 490  Page 18
As Introduced
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