SENATORS Goodman, Blessing, Hottinger, Harris, Jacobson, Randy Gardner, Coughlin, Carey, Prentiss, Spada, Herington

To amend sections 2953.21 and 2953.23 and to enact

1

sections 2953.71 to 2953.81 of the Revised Code to

2

establish a mechanism for the DNA testing of

3

certain inmates serving a prison term for a felony

4

or under a sentence of death.

5

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

Section 1. That sections 2953.21 and 2953.23 be amended and	6
sections 2953.71, 2953.72, 2953.73, 2953.74, 2953.75, 2953.76,	7
2953.77, 2953.78, 2953.79, 2953.80, and 2953.81 of the Revised	8
Code be enacted to read as follows:	9

Sec. 2953.21.  (A)(1) Any person who has been convicted of a	10
criminal offense or adjudicated a delinquent child and who claims	11
that there was such a denial or infringement of the person's	12
rights as to render the judgment void or voidable under the Ohio	13
Constitution or the Constitution of the United States, and any	14
person who has been convicted of a criminal offense that is a	15
felony, who is an eligible inmate, and for whom DNA testing that	16
was performed under sections 2953.71 to 2953.81 of the Revised	17
Code provided results that clearly establish that the person is	18
actually innocent of that felony offense or, if the person was	19
sentenced to death, clearly establish that the person is actually	20
innocent of the aggravating circumstance the person was found	21
guilty of committing and that is the basis of that sentence of	22
death, may file a petition in the court that imposed sentence,	23
stating the grounds for relief relied upon, and asking the court	24
to vacate or set aside the judgment or sentence or to grant other	25
appropriate relief. The petitioner may file a supporting affidavit	26
and other documentary evidence in support of the claim for relief.	27

As used in this division, "eligible inmate" has the same	28
meaning as in section 2953.71 of the Revised Code.	29

(2) AExcept as otherwise provided in section 2953.23 of the	30
Revised Code, a petition under division (A)(1) of this section	31
shall be filed no later than one hundred eighty days after the	32
date on which the trial transcript is filed in the court of	33
appeals in the direct appeal of the judgment of conviction or	34
adjudication or, if the direct appeal involves a sentence of	35
death, the date on which the trial transcript is filed in the	36
supreme court. If no appeal is taken, except as otherwise provided	37
in section 2953.23 of the Revised Code, the petition shall be	38
filed no later than one hundred eighty days after the expiration	39
of the time for filing the appeal.	40

(3) In a petition filed under division (A) of this section, a	41
person upon whom a sentence ofwho has been sentenced to death has	42
been imposed may ask the court to render void or voidable the	43
judgment with respect to the conviction of aggravated murder or	44
the specification of an aggravating circumstance or the sentence	45
of death.	46

(4) A petitioner shall state in the original or amended	47
petition filed under division (A) of this section all grounds for	48
relief claimed by the petitioner. Except as provided in section	49
2953.23 of the Revised Code, any ground for relief that is not so	50
stated in the petition is waived.	51

(5) If the petitioner in a petition filed under division (A)	52
of this section was convicted of or pleaded guilty to a felony,	53
the petition may include a claim that the petitioner was denied	54
the equal protection of the laws in violation of the Ohio	55
Constitution or the United States Constitution because the	56
sentence imposed upon the petitioner for the felony was part of a	57
consistent pattern of disparity in sentencing by the judge who	58
imposed the sentence, with regard to the petitioner's race,	59
gender, ethnic background, or religion. If the supreme court	60
adopts a rule requiring a court of common pleas to maintain	61
information with regard to an offender's race, gender, ethnic	62
background, or religion, the supporting evidence for the petition	63
shall include, but shall not be limited to, a copy of that type of	64
information relative to the petitioner's sentence and copies of	65
that type of information relative to sentences that the same judge	66
imposed upon other persons.	67

(B) The clerk of the court in which the petition is filed	68
shall docket the petition and bring it promptly to the attention	69
of the court. The petitioner need not serve a copy of the petition	70
on the prosecuting attorney. The clerk of the court in which the	71
petition is filed immediately shall forward a copy of the petition	72
to the prosecuting attorney of that county.	73

(C) The court shall consider a petition that is timely filed	74
under division (A)(2) of this section even if a direct appeal of	75
the judgment is pending. Before granting a hearing on a petition	76
filed under division (A) of this section, the court shall	77
determine whether there are substantive grounds for relief. In	78
making such a determination, the court shall consider, in addition	79
to the petition, the supporting affidavits, and the documentary	80
evidence, all the files and records pertaining to the proceedings	81
against the petitioner, including, but not limited to, the	82
indictment, the court's journal entries, the journalized records	83
of the clerk of the court, and the court reporter's transcript.	84
The court reporter's transcript, if ordered and certified by the	85
court, shall be taxed as court costs. If the court dismisses the	86
petition, it shall make and file findings of fact and conclusions	87
of law with respect to such dismissal.	88

(D) Within ten days after the docketing of the petition, or	89
within any further time that the court may fix for good cause	90
shown, the prosecuting attorney shall respond by answer or motion.	91
Within twenty days from the date the issues are made upraised,	92
either party may move for summary judgment. The right to summary	93
judgment shall appear on the face of the record.	94

(E) Unless the petition and the files and records of the case	95
show the petitioner is not entitled to relief, the court shall	96
proceed to a prompt hearing on the issues even if a direct appeal	97
of the case is pending. If the court notifies the parties that it	98
has found grounds for granting relief, either party may request an	99
appellate court in which a direct appeal of the judgment is	100
pending to remand the pending case to the court.	101

(F) At any time before the answer or motion is filed, the	102
petitioner may amend the petition with or without leave or	103
prejudice to the proceedings. The petitioner may amend the	104
petition with leave of court at any time thereafter.	105

(G) If the court does not find grounds for granting relief,	106
it shall make and file findings of fact and conclusions of law and	107
shall enter judgment denying relief on the petition. If no direct	108
appeal of the case is pending and the court finds grounds for	109
relief or if a pending direct appeal of the case has been remanded	110
to the court pursuant to a request made pursuant to division (E)	111
of this section and the court finds grounds for granting relief,	112
it shall make and file findings of fact and conclusions of law and	113
shall enter a judgment that vacates and sets aside the judgment in	114
question, and, in the case of a petitioner who is a prisoner in	115
custody, shall discharge or resentence the petitioner or grant a	116
new trial as the court determines appropriate. The court also may	117
make supplementary orders to the relief granted, concerning such	118
matters as rearraignment, retrial, custody, and bail. If the trial	119
court's order granting the petition is reversed on appeal and if	120
the direct appeal of the case has been remanded from an appellate	121
court pursuant to a request under division (E) of this section,	122
the appellate court reversing the order granting the petition	123
shall notify the appellate court in which the direct appeal of the	124
case was pending at the time of the remand of the reversal and	125
remand of the trial court's order. Upon the reversal and remand of	126
the trial court's order granting the petition, regardless of	127
whether notice is sent or received, the direct appeal of the case	128
that was remanded is reinstated.	129

(H)(1) Upon the filing of a petition pursuant to division (A)	130
of this section by a prisoner in a state correctional institution	131
who has received the death penaltyperson sentenced to death that	132
is based upon a claimed denial or infringement of the person's	133
rights that renders the judgment void or voidable under the Ohio	134
Constitution or the Constitution of the United States, the court	135
that set the date for the execution of the sentence of death may	136
stay execution of the judgment challenged by the petition.	137

(2) Upon the filing of a petition pursuant to division (A) of	138
this section by a person sentenced to death that is based upon	139
results of DNA testing performed under sections 2953.71 to 2953.81	140
of the Revised Code as described in that division, execution of	141
the sentence of death may be suspended only upon an order of the	142
supreme court.	143

(I)(1) If a person who has received the death penalty	144
sentenced to death intends to file a petition under this section,	145
the court shall appoint counsel to represent the person upon a	146
finding that the person is indigent and that the person either	147
accepts the appointment of counsel or is unable to make a	148
competent decision whether to accept or reject the appointment of	149
counsel. The court may decline to appoint counsel for the person	150
only upon a finding, after a hearing if necessary, that the person	151
rejects the appointment of counsel and understands the legal	152
consequences of that decision or upon a finding that the person is	153
not indigent.	154

(2) The court shall not appoint as counsel under division	155
(I)(1) of this section an attorney who represented the petitioner	156
at trial in the case to which the petition relates unless the	157
person and the attorney expressly request the appointment. The	158
court shall appoint as counsel under division (I)(1) of this	159
section only an attorney who is certified under Rule 20 of the	160
Rules of Superintendence for the Courts of Ohio to represent	161
indigent defendants charged with or convicted of an offense for	162
which the death penalty can be or has been imposed. The	163
ineffectiveness or incompetence of counsel during proceedings	164
under this section does not constitute grounds for relief in a	165
proceeding under this section, in an appeal of any action under	166
this section, or in an application to reopen a direct appeal.	167

(3) Division (I) of this section does not preclude attorneys	168
who represent the state of Ohio from invoking the provisions of 28	169
U.S.C. 154 with respect to capital cases that were pending in	170
federal habeas corpus proceedings prior to the effective date of	171
this amendment insofar as the petitioners in those cases were	172
represented in proceedings under this section by one or more	173
counsel appointed by the court under this section or section	174
120.06, 120.16, 120.26, or 120.33 of the Revised Code and those	175
appointed counsel meet the requirements of division (I)(2) of this	176
section.	177

(J) Subject to the appeal of a sentence for a felony that is	178
authorized by section 2953.08 of the Revised Code, the remedy set	179
forth in this section is the exclusive remedy by which a person	180
may bring a collateral challenge to the validity of a conviction	181
or sentence in a criminal case or to the validity of an	182
adjudication of a child as a delinquent child for the commission	183
of an act that would be a criminal offense if committed by an	184
adult or the validity of a related order of disposition.	185

Sec. 2953.23.  (A) Whether a hearing is or is not held on a	186
petition filed pursuant to section 2953.21 of the Revised Code, a	187
court may not entertain a petition filed after the expiration of	188
the period prescribed in division (A) of that section or a second	189
petition or successive petitions for similar relief on behalf of a	190
petitioner unless bothdivision (A)(1) or (2) of this section	191
applies:	192

(1) Both of the following apply:

193

(1) Either of the following applies:

194

(a) TheEither the petitioner shows that the petitioner was	195
unavoidably prevented from discovery of the facts upon which the	196
petitioner must rely to present the claim for relief.	197

(b) Subsequent, or, subsequent to the period prescribed in	198
division (A)(2) of section 2953.21 of the Revised Code or to the	199
filing of an earlier petition, the United States Supreme Court	200
recognized a new federal or state right that applies retroactively	201
to persons in the petitioner's situation, and the petition asserts	202
a claim based on that right.	203

(2)(b) The petitioner shows by clear and convincing evidence	204
that, but for constitutional error at trial, no reasonable	205
factfinder would have found the petitioner guilty of the offense	206
of which the petitioner was convicted or, if the claim challenges	207
a sentence of death that, but for constitutional error at the	208
sentencing hearing, no reasonable factfinder would have found the	209
petitioner eligible for the death sentence.	210

(2) The petitioner was convicted of a felony, the petitioner	211
is an eligible inmate, as defined in section 2953.71 of the	212
Revised Code, for whom DNA testing was performed under sections	213
2953.71 to 2953.81 of the Revised Code, and the results of the DNA	214
testing clearly establish that the person is actually innocent of	215
that felony offense or, if the person was sentenced to death,	216
clearly establish that the person is actually innocent of the	217
aggravating circumstance the person was found guilty of committing	218
and that is the basis of that sentence of death.	219

(B) An order awarding or denying relief sought in a petition	220
filed pursuant to section 2953.21 of the Revised Code is a final	221
judgment and may be appealed pursuant to Chapter 2953. of the	222
Revised Code.	223

Sec. 2953.71. As used in sections 2953.71 to 2953.81 of the	224
Revised Code:	225

(A) "Application" or "application for DNA testing" means the	226
form by which an eligible inmate requests the state to do DNA	227
testing on biological material from the case in which the inmate	228
was convicted of the offense for which the inmate is an eligible	229
inmate and is requesting the DNA testing under sections 2953.71 to	230
2953.81 of the Revised Code.	231

(B) "Biological material" means blood, white blood cells,	232
skin, tissue, sperm, saliva, vaginal swabs, mouth swabs, mouth	233
scrapings, bones, hair, and any other biological substance of a	234
similar nature.	235

(C) "Chain of custody" means a record that tracks a subject	236
sample of biological material from the time the biological	237
material was first obtained until the time it currently exists in	238
its place of storage and, in relation to a DNA sample, a record	239
that tracks the DNA sample from the time it was first obtained	240
until it currently exists in its place of storage. For purposes of	241
this division, examples of when biological material or a DNA	242
sample is first obtained include, but are not limited to,	243
obtaining the material or sample at the scene of a crime, from a	244
victim, from an inmate, or in any other manner or time as is	245
appropriate in the facts and circumstances present.	246

(D) "Custodial agency" means the group or entity that has the	247
responsibility to maintain biological material in question.	248

(E) "Custodian" means the person who is the primary	249
representative of a custodial agency.	250

(F) "Eligible inmate" means an inmate who is eligible under	251
division (C) of section 2953.72 of the Revised Code to request DNA	252
testing to be conducted under sections 2953.71 to 2953.81 of the	253
Revised Code.	254

(G) "Exclusion" or "exclusion result" means a result of DNA	255
testing that scientifically precludes or forecloses the subject	256
inmate as a contributor of biological material recovered from the	257
crime scene or victim in question, in relation to the offense for	258
which the inmate is an eligible inmate and for which the sentence	259
of death or prison term was imposed upon the inmate.	260

(H) "Extracting personnel" means medically approved personnel	261
who are employed to physically obtain an inmate DNA specimen for	262
purposes of DNA testing under sections 2953.71 to 2953.81 of the	263
Revised Code.	264

(I) "Inclusion" or "inclusion result" means a result of DNA	265
testing that scientifically cannot exclude, or that holds	266
accountable, the subject inmate as a contributor of biological	267
material recovered from the crime scene or victim in question, in	268
relation to the offense for which the inmate is an eligible inmate	269
and for which the sentence of death or prison term was imposed	270
upon the inmate.	271

(J) "Inconclusive" or "inconclusive result" means a result of	272
DNA testing that is rendered when a scientifically appropriate and	273
definitive DNA analysis or result, or both, cannot be determined.	274

(K) "Inmate" means an inmate in a prison who was sentenced by	275
a court, or by a jury and a court, of this state.	276

(L) "Offer" means the opportunity provided under sections	277
2953.71 to 2953.81 of the Revised Code for an eligible inmate to	278
request DNA testing from the state.	279

(M) "Outcome determinative" means that had the results of DNA	280
testing been presented at the subject eligible inmate's trial and	281
been found relevant and admissible with respect to the felony	282
offense for which the subject inmate is an eligible inmate and is	283
requesting the DNA testing, no reasonable factfinder would have	284
found the inmate guilty of that offense or, if the inmate was	285
sentenced to death relative to that offense, would have found the	286
inmate guilty of the aggravating circumstance the inmate was found	287
guilty of committing and that is the basis of that sentence of	288
death.	289

(N) "Parent sample" means the biological material first	290
obtained from a crime scene or a victim of an offense for which an	291
inmate is an eligible inmate and from which a sample will be	292
presently taken to do a DNA comparison to the DNA of the subject	293
inmate under sections 2953.71 to 2953.81 of the Revised Code.	294

(O) "Prison" has the same meaning as in section 2929.01 of	295
the Revised Code.	296

(P) "Prosecuting attorney" means the prosecuting attorney	297
who, or whose office, prosecuted the case in which the subject	298
inmate was convicted of the offense for which the inmate is an	299
eligible inmate and is requesting the DNA testing.	300

(Q) "Prosecuting authority" means the prosecuting attorney or	301
the attorney general.	302

(R) "Reasonable diligence" means a degree of diligence that	303
is comparable to the diligence a reasonable person would employ in	304
searching for information regarding an important matter in the	305
person's own life.	306

(S) "Testing authority" means a laboratory at which DNA	307
testing will be conducted under sections 2953.71 to 2953.81 of the	308
Revised Code.	309

Sec. 2953.72. (A) Any eligible inmate who wishes to request	310
DNA testing under sections 2953.71 to 2953.81 of the Revised Code	311
shall submit an application for the testing to the court of common	312
pleas specified in section 2953.73 of the Revised Code, on a form	313
prescribed by the attorney general for this purpose. The eligible	314
inmate shall submit the application within the period of time, and	315
in accordance with the procedures, set forth in section 2953.73 of	316
the Revised Code. The eligible inmate shall specify on the	317
application the offense or offenses for which the inmate is an	318
eligible inmate and is requesting the DNA testing. Along with the	319
application, the eligible inmate shall submit an acknowledgment	320
that is on a form prescribed by the attorney general for this	321
purpose and that is signed by the inmate. The acknowledgment shall	322
set forth all of the following:	323

(1) That sections 2953.71 to 2953.81 of the Revised Code	324
contemplate only offers for DNA testing of eligible inmates at a	325
stage of a prosecution or case after the inmate has been sentenced	326
to a prison term or a sentence of death, that any exclusion or	327
inclusion result of DNA testing rendered pursuant to those	328
sections may be used by a party in a postconviction proceeding	329
under sections 2953.21 to 2953.23 of the Revised Code as described	330
in section 2953.81 of the Revised Code, and that all requests for	331
any DNA testing made at trial will continue to be handled by the	332
prosecuting attorney in the case;	333

(2) That the process of conducting postconviction DNA testing	334
for an eligible inmate under sections 2953.71 to 2953.81 of the	335
Revised Code begins when the inmate submits an application under	336
section 2953.73 of the Revised Code and the acknowledgment	337
described in this section;	338

(3) That the eligible inmate must submit the application and	339
acknowledgment to the court of common pleas that heard the case in	340
which the inmate was convicted of the offense for which the inmate	341
is an eligible offender and is requesting the DNA testing;	342

(4) That the state has established a set of criteria set	343
forth in section 2953.74 of the Revised Code by which eligible	344
inmate applications for DNA testing will be screened and that a	345
judge of a court of common pleas upon receipt of a properly filed	346
application and accompanying acknowledgment will apply those	347
criteria to determine whether to accept or reject the application;	348

(5) That the results of DNA testing conducted under sections	349
2953.71 to 2953.81 of the Revised Code will be provided as	350
described in section 2953.81 of the Revised Code to all parties in	351
the postconviction proceedings and will be reported to various	352
courts;	353

(6) That, if DNA testing is conducted with respect to an	354
inmate under sections 2953.71 to 2953.81 of the Revised Code, the	355
state will not offer the inmate a retest if an inclusion result is	356
achieved relative to the testing and that, if the state were to	357
offer a retest after an inclusion result, the policy would create	358
an atmosphere in which endless testing could occur and in which	359
postconviction proceedings could be stalled for many years;	360

(7) That, if the court rejects an eligible inmate's	361
application for DNA testing because the inmate does not satisfy	362
the acceptance criteria described in division (A)(4) of this	363
section, the state will not accept or consider subsequent	364
applications;	365

(8) That the acknowledgment memorializes the provisions of	366
sections 2953.71 to 2953.81 of the Revised Code with respect to	367
the offering of postconviction DNA testing to inmates, that those	368
provisions do not give any inmate any additional constitutional	369
right that the inmate did not have prior to the effective date of	370
those provisions, that the state has no duty or obligation to	371
offer postconviction DNA testing to inmates, that the court of	372
common pleas has the sole discretion to determine whether an	373
inmate is an eligible inmate and whether an eligible inmate's	374
application for DNA testing satisfies the acceptance criteria	375
described in division (A)(4) of this section and whether the	376
application should be accepted or rejected, that the judgment of	377
the court of common pleas is final and is not appealable by any	378
person to any court, and that no determination otherwise made by	379
the state in the exercise of its discretion regarding the	380
eligibility of an inmate or regarding postconviction DNA testing	381
under those provisions is reviewable by or appealable to any	382
court;	383

(9) That the manner in which sections 2953.71 to 2953.81 of	384
the Revised Code with respect to the offering of postconviction	385
DNA testing to inmates are carried out does not confer any	386
constitutional right upon any inmate, that the state has	387
established guidelines and procedures relative to those provisions	388
to ensure that they are carried out with both justice and	389
efficiency in mind, and that an inmate who participates in any	390
phase of the mechanism contained in those provisions, including,	391
but not limited to, applying for DNA testing and being rejected,	392
having an application for DNA testing accepted and not receiving	393
the test, or having DNA testing conducted and receiving	394
unfavorable results, does not gain as a result of the	395
participation any constitutional right to challenge, or any right	396
to any review or appeal of, the manner in which those provisions	397
are carried out;	398

(10) That the most basic aspect of sections 2953.71 to	399
2953.81 of the Revised Code is that, in order for DNA testing to	400
occur, there must be an inmate sample against which other evidence	401
may be compared, that, if an eligible inmate's application is	402
accepted but the inmate subsequently refuses to submit to the	403
collection of the sample of biological material from the inmate or	404
hinders the state from obtaining a sample of biological material	405
from the inmate, the goal of those provisions will be frustrated,	406
and that an inmate's refusal or hindrance constitutes a rejection	407
by the inmate of the state's offer to conduct or facilitate DNA	408
testing for the inmate, results in the state's offer to conduct or	409
facilitate DNA testing for the inmate automatically being	410
withdrawn as a matter of law, and releases the state from any	411
agreement to conduct or facilitate DNA testing for the inmate.	412

(B) The attorney general shall prescribe a form to be used to	413
make an application for DNA testing under division (A) of this	414
section and section 2953.73 of the Revised Code and a form to be	415
used to provide the acknowledgment described in division (A) of	416
this section. The forms shall include all information described in	417
division (A) of this section, spaces for an inmate to insert all	418
information necessary to complete the forms, including, but not	419
limited to, specifying the offense or offenses for which the	420
inmate is an eligible inmate and is requesting the DNA testing,	421
and any other information or material the attorney general	422
determines is necessary or relevant, and instructions informing	423
the clerk of the court of common pleas of the clerk's duties	424
regarding the application after it is submitted to the court and	425
the manner of fulfilling those duties. The attorney general shall	426
distribute copies of the prescribed forms to the department of	427
rehabilitation and correction, the department shall ensure that	428
each prison in which inmates are housed has a supply of copies of	429
the forms, and the department shall ensure that copies of the	430
forms are provided free of charge to any inmate who requests them.	431

(C)(1) An inmate is eligible to request DNA testing to be	432
conducted under sections 2953.71 to 2953.81 of the Revised Code	433
only if all of the following apply:	434

(a) The offense for which the inmate claims to be an eligible	435
inmate is a felony that was committed prior to the effective date	436
of this section, and the inmate was convicted by a judge or jury	437
of that offense.	438

(b) The inmate was sentenced to a prison term or sentence of	439
death for the felony described in division (C)(1)(a) of this	440
section and, on the effective date of this section, is in prison	441
serving that prison term or under that sentence of death.	442

(c) On the effective date of this section, the inmate has at	443
least one year remaining on the prison term described in division	444
(C)(1)(b) of this section, or the inmate is in prison under a	445
sentence of death as described in that division.	446

(2) An inmate is not an eligible inmate under division (C)(1)	447
of this section regarding any offense to which the inmate pleaded	448
guilty or no contest.	449

(D) The fact that an inmate is an eligible inmate does not,	450
in and of itself, mean that a request for DNA testing that the	451
inmate makes will be granted or that DNA testing will be conducted	452
for the inmate. The decisions as to whether the request for DNA	453
testing will be granted or denied and as to whether DNA testing	454
will be conducted shall be made under sections 2953.72 to 2953.81	455
of the Revised Code.	456

Sec. 2953.73. (A)(1) An eligible inmate who wishes to request	457
DNA testing to be conducted under sections 2953.71 to 2953.81 of	458
the Revised Code shall submit an application for DNA testing on a	459
form prescribed by the attorney general for this purpose and shall	460
submit the form to the court of common pleas that heard the case	461
in which the inmate was convicted of the offense for which the	462
inmate is an eligible offender and is requesting DNA testing. The	463
eligible inmate shall submit the application to that court of	464
common pleas within whichever of the following periods applies:	465

(a) Except as provided in division (A)(1)(b) of this section,	466
the eligible inmate shall submit the application not later than	467
one year after the effective date of this section.	468

(b) If the eligible inmate has submitted a notice of an	469
intention to request DNA testing pursuant to division (A)(3) of	470
this section within the one-year period specified in that	471
division, the eligible inmate shall submit the application not	472
later than one year after the effective date of this section or	473
not later than thirty days after the submission of the notice,	474
whichever is later.	475

(2) No court of common pleas shall accept an application	476
under this section after the expiration of the period of time	477
specified in division (A)(1)(a) or (b) of this section that is	478
applicable to the eligible inmate to whom the application	479
pertains.	480

(3) An eligible inmate who wishes to request DNA testing to	481
be conducted under sections 2953.71 to 2953.81 of the Revised Code	482
may submit a notice of an intention to request DNA testing to the	483
court of common pleas that heard the case in which the inmate was	484
convicted of the offense for which the inmate is an eligible	485
inmate and is requesting DNA testing. The notice may be in any	486
form and contain any language that clearly indicates that the	487
inmate wishes to request, and will be submitting an application	488
for, DNA testing, and it is not required to be on the form	489
prescribed by the attorney general for applications for DNA	490
testing. The eligible inmate shall submit the notice of an	491
intention to request DNA testing not later than one year after the	492
effective date of this section.	493

Upon receipt of a notice of an intention to request DNA	494
testing as described in this division, the clerk of the court of	495
common pleas to which the notice is submitted promptly shall	496
provide the eligible inmate with a copy of the application and	497
acknowledgment forms prescribed by the attorney general under	498
division (B) of section 2953.72 of the Revised Code. An eligible	499
inmate who has submitted a notice of an intention to request DNA	500
testing pursuant to this division may submit an application for	501
DNA testing within the time specified in division (A)(1)(b) of	502
this section.	503

(4) If a judge of a court of common pleas who was the trial	504
judge in a case in which an inmate was convicted of an offense for	505
which the inmate is an eligible inmate, or a judge of a court of	506
common pleas who is the successor in office to a judge of a court	507
of common pleas who was the trial judge in a case in which an	508
inmate was convicted of an offense for which the inmate is an	509
eligible inmate, believes that the eligible inmate's case	510
satisfies the criteria set forth in section 2953.74 of the Revised	511
Code, the judge on the judge's own motion may request DNA testing	512
by filing within one year after the effective date of this section	513
an application as described in this section. The judge is not	514
required to file an acknowledgment with that application. Upon the	515
judge's filing of an application under this division, the	516
application shall be considered as if it had been filed by the	517
eligible inmate.	518

(B) If an eligible inmate submits an application for DNA	519
testing under division (A) of this section, upon the submission of	520
the application, all of the following apply:	521

(1) The clerk of the court of common pleas in which it is	522
submitted promptly shall notify the prosecuting attorney and the	523
attorney general, in writing, that the application has been	524
submitted. The notice shall include the name of the eligible	525
inmate who submitted the application, the date on which it was	526
submitted, and the offense or offenses for which the inmate is an	527
eligible inmate and is requesting the DNA testing, and shall	528
inform the prosecuting attorney and attorney general that the	529
prosecuting attorney or attorney general has a duty or right to	530
file a response to the application, as determined under division	531
(D) of this section, and of the date, set by the court, by which	532
that response must be filed.	533

(2) The application shall be assigned to the judge of that	534
court of common pleas who was the trial judge in the case in which	535
the inmate was convicted of the offense for which the inmate is an	536
eligible offender and is requesting DNA testing, or to the	537
successor in office of that judge, and the judge to whom it is	538
assigned shall decide the application.	539

(C) If an eligible inmate submits an application for DNA	540
testing under division (A) of this section and the clerk of the	541
court of common pleas in which it is submitted does not promptly	542
provide the notices to the prosecuting attorney and attorney	543
general as required under division (B)(1) of this section, both of	544
the following apply:	545

(1) Except as provided in division (C)(2) of this section,	546
the jurisdiction of the court of common pleas to decide the	547
application terminates, and the court shall not proceed in	548
deciding the application.	549

(2) In the discretion of the court, if the clerk thereafter	550
provides the notices to the prosecuting attorney and attorney	551
general required under division (B)(1) of this section, the court	552
may decide the application in the same manner as if the clerk had	553
promptly provided the required notices.	554

(D)(1) If an eligible inmate submits an application for DNA	555
testing under division (A) of this section and the inmate has not	556
yet commenced any federal habeas corpus proceeding relative to the	557
case in which the inmate was convicted of the offense for which	558
the inmate is an eligible inmate and is requesting DNA testing,	559
the prosecuting attorney shall file a response to the application	560
by the date specified in the notice provided under division (B)(1)	561
of this section. In the circumstances described in this division,	562
the attorney general may, but is not required to, file a response	563
to the application. If the attorney general files a response under	564
this division, the attorney general shall file it by the date	565
specified in the notice provided under division (B)(1) of this	566
section.	567

(2) If an eligible inmate submits an application for DNA	568
testing under division (A) of this section and the inmate has	569
commenced a federal habeas corpus proceeding relative to the case	570
in which the inmate was convicted of the offense for which the	571
inmate is an eligible inmate and is requesting DNA testing, the	572
attorney general shall file a response to the application by the	573
date specified in the notice provided under division (B)(1) of	574
this section. In the circumstances described in this division, the	575
prosecuting attorney may, but is not required to, file a response	576
to the application. If the prosecuting attorney files a response	577
under this division, the prosecuting attorney shall file it by the	578
date specified in the notice provided under division (B)(1) of	579
this section.	580

(3) A response to an application that a prosecuting attorney	581
or the attorney general files under division (D)(1) or (2) of this	582
section shall state whether the prosecuting attorney or attorney	583
general agrees or disagrees that the application should be	584
accepted and, if the prosecuting attorney or attorney general	585
disagrees that the application should be accepted, a statement of	586
the reasons for that disagreement.	587

(E) If an eligible inmate submits an application for DNA	588
testing under division (A) of this section, the court shall make	589
the determination as to whether the application should be accepted	590
or rejected. The court shall expedite its decision-making process	591
as to whether the application should be accepted or rejected. The	592
court shall make the determination in accordance with the criteria	593
and procedures set forth in sections 2953.74 to 2953.81 of the	594
Revised Code and, in making the determination, shall consider the	595
application and all responses to the application filed under	596
division (D) of this section by a prosecuting attorney or the	597
attorney general. Upon making its determination, the court shall	598
enter a judgment that either accepts or rejects the application.	599
If the judgment rejects the application, the court shall include	600
within the judgment the reasons for the rejection. Upon entering	601
its judgment, the court immediately shall send a copy of the	602
judgment to the eligible inmate who filed it, the prosecuting	603
attorney, and the attorney general.	604

(F) A judgment of a court entered under division (E) of this	605
section is final and is not appealable by any person to any court.	606

(G) Notwithstanding any provision of law regarding fees and	607
costs, no filing fee shall be required of, and no court costs	608
shall be assessed against, an eligible offender who is indigent	609
and who submits an application under this section.	610

Sec. 2953.74. (A) If an eligible inmate submits an	611
application for DNA testing under section 2953.73 of the Revised	612
Code, all of the following apply:	613

(1) The court and the testing authority that will be used	614
shall screen the application in accordance with the criteria set	615
forth in divisions (B) to (D) of this section.	616

(2) The court shall use those criteria in determining whether	617
to accept or reject the application.	618

(3) The court shall make its determination as to whether to	619
accept or reject the application, and shall enter its judgment, as	620
described in section 2953.73 of the Revised Code.	621

(B) If an eligible inmate submits an application for DNA	622
testing under section 2953.73 of the Revised Code and a prior	623
definitive DNA test has been conducted regarding the same	624
biological evidence that the inmate seeks to have tested, the	625
court shall reject the inmate's application. If an eligible inmate	626
files an application for DNA testing and a prior inconclusive DNA	627
test has been conducted regarding the same biological evidence	628
that the inmate seeks to have tested, the court shall review the	629
application and has the discretion, on a case-by-case basis, to	630
either accept or reject the application. The court may consult	631
with a testing authority in determining whether prior DNA test	632
results were definitive or inconclusive and whether to accept or	633
reject an application in relation to which there were prior	634
inconclusive DNA test results.	635

(C) If an eligible inmate submits an application for DNA	636
testing under section 2953.73 of the Revised Code, the court may	637
accept the application only if one of the following applies:	638

(1) The inmate did not have a DNA test taken at the trial	639
stage in the case in which the inmate was convicted of the offense	640
for which the inmate is an eligible inmate and is requesting the	641
DNA testing regarding the same biological evidence that the inmate	642
seeks to have tested, the inmate shows that DNA exclusion would	643
have been outcome determinative at that trial stage in that case,	644
and, at the time of the trial stage in that case, DNA testing was	645
not generally accepted, the results of DNA testing were not	646
generally admissible in evidence, or DNA testing was not yet	647
available.	648

(2) The inmate had a DNA test taken at the trial stage in the	649
case in which the inmate was convicted of the offense for which	650
the inmate is an eligible inmate and is requesting the DNA testing	651
regarding the same biological evidence that the inmate seeks to	652
have tested, the test was not a prior definitive DNA test that is	653
subject to division (B) of this section, and the inmate shows that	654
DNA exclusion would have been outcome determinative at the trial	655
stage in that case.	656

(D) If an eligible inmate submits an application for DNA	657
testing under section 2953.73 of the Revised Code, the court may	658
accept the application only if all of the following apply:	659

(1) The court determines pursuant to section 2953.75 of the	660
Revised Code that biological material was collected from the crime	661
scene or the victim of the offense for which the inmate is an	662
eligible inmate and is requesting the DNA testing and that the	663
parent sample of that biological material against which a sample	664
from the inmate can be compared still exists at that point in	665
time.	666

(2) The testing authority determines all of the following	667
pursuant to section 2953.76 of the Revised Code regarding the	668
parent sample of the biological material described in division	669
(D)(1) of this section:	670

(a) The parent sample of the biological material so collected	671
contains scientifically sufficient material to extract a test	672
sample.	673

(b) The parent sample of the biological material so collected	674
is not so minute or fragile as to risk destruction of the parent	675
sample by the extraction described in division (D)(2)(a) of this	676
section; provided that the court may determine in its discretion,	677
on a case-by-case basis, that, even if the parent sample of the	678
biological material so collected is so minute or fragile as to	679
risk destruction of the parent sample by the extraction, the	680
application should not be rejected solely on the basis of that	681
risk.	682

(c) The parent sample of the biological material so collected	683
has not degraded or been contaminated to the extent that it has	684
become scientifically unsuitable for testing, and the parent	685
sample otherwise has been preserved, and remains, in a condition	686
that is scientifically suitable for testing.	687

(3) The court determines that, at the trial stage in the case	688
in which the inmate was convicted of the offense for which the	689
inmate is an eligible inmate and is requesting the DNA testing,	690
the identity of the person who committed the offense was an issue.	691

(4) The court determines that one or more of the defense	692
theories asserted by the inmate at the trial stage in the case	693
described in division (D)(3) of this section or in a retrial of	694
that case in a court of this state was of such a nature that, if	695
DNA testing is conducted and an exclusion result is obtained, the	696
exclusion result will be outcome determinative.	697

(5) The court determines that, if DNA testing is conducted	698
and an exclusion result is obtained, the results of the testing	699
will be outcome determinative regarding that inmate.	700

(6) The court determines pursuant to section 2953.76 of the	701
Revised Code from the written chain of custody of the parent	702
sample of the biological material to be tested and of any test	703
sample extracted from the parent sample, and from the totality of	704
circumstances involved, that the parent sample and the extracted	705
test sample are the same sample as collected and that there is no	706
reason to believe that they have been out of state custody or have	707
been tampered with or contaminated since they were collected.	708

Sec. 2953.75. If an eligible inmate submits an application	709
for DNA testing under section 2953.73 of the Revised Code, the	710
court shall use reasonable diligence to determine whether	711
biological material was collected from the crime scene or victim	712
of the offense for which the inmate is an eligible inmate and is	713
requesting the DNA testing against which a sample from the inmate	714
can be compared and whether the parent sample of that biological	715
material still exists at that point in time. In using reasonable	716
diligence to make those determinations, the court shall rely upon	717
all relevant sources, including, but not limited to, all of the	718
following:	719

(A) All prosecuting authorities in the case in which the	720
inmate was convicted of the offense for which the inmate is an	721
eligible inmate and is requesting the DNA testing and in the	722
appeals of, and postconviction proceedings related to, that case;	723

(B) All law enforcement authorities involved in the	724
investigation of the offense for which the inmate is an eligible	725
offender and is requesting the DNA testing;	726

(C) All custodial agencies involved at any time with the	727
biological material in question;	728

(D) The custodian of all custodial agencies described in	729
division (C) of this section;	730

(E) All crime laboratories involved at any time with the	731
biological material in question;	732

(F) All other reasonable sources.

733

Sec. 2953.76. If an eligible inmate submits an application	734
for DNA testing under section 2953.73 of the Revised Code, the	735
court and the testing authority shall make determinations	736
regarding the quantity and quality of the parent sample of the	737
biological material collected from the crime scene or victim of	738
the offense for which the inmate is an eligible inmate and is	739
requesting the DNA testing and that is to be tested, and of the	740
chain of custody and reliability regarding that parent sample, as	741
follows:	742

(A) The testing authority shall determine whether there is a	743
scientifically sufficient quantity of the parent sample to test	744
and whether the parent sample is so minute or fragile that there	745
is a substantial risk that the parent sample could be destroyed in	746
testing. The testing authority may determine that there is not a	747
sufficient quantity to test in order to preserve the state's	748
ability to present in the future the original evidence presented	749
at trial, if another trial is required. Upon making its	750
determination under this division, the testing authority shall	751
prepare and provide to the court, a written document that contains	752
its determination and the reasoning and rationale for that	753
determination. The court may determine in its discretion, on a	754
case-by-case basis, that, even if the parent sample of the	755
biological material so collected is so minute or fragile as to	756
risk destruction of the parent sample by the extraction, the	757
application should not be rejected solely on the basis of that	758
risk.	759

(B) The testing authority shall determine whether the parent	760
sample has degraded or been contaminated to the extent that it has	761
become scientifically unsuitable for testing and whether the	762
parent sample otherwise has been preserved, and remains, in a	763
condition that is suitable for testing. Upon making its	764
determination under this division, the testing authority shall	765
prepare and provide to the court, a written document that contains	766
its determination and the reasoning and rationale for that	767
determination.	768

(C) The court shall determine, from the written chain of	769
custody of the parent sample of the biological material to be	770
tested and of any test sample extracted from the parent sample and	771
from the totality of circumstances involved, whether the parent	772
sample and the extracted test sample are the same sample as	773
collected and whether there is any reason to believe that they	774
have been out of state custody or have been tampered with or	775
contaminated since they were collected. Upon making its	776
determination under this division, the court shall prepare and	777
retain a written document that contains its determination and the	778
reasoning and rationale for that determination.	779

Sec. 2953.77.  (A) If an eligible inmate submits an	780
application for DNA testing under section 2953.73 of the Revised	781
Code and if the application is accepted and DNA testing is to be	782
performed, the specified person or entity shall satisfy all of the	783
applicable following precautions to ensure that the parent sample	784
of the biological material collected from the crime scene or the	785
victim of the offense for which the inmate is an eligible inmate	786
and requested the DNA testing, and the test sample of the parent	787
sample that is extracted and actually is to be tested, are not	788
contaminated during transport or the testing process:	789

(1) The court and the testing authority shall maintain and	790
document the chain of custody of the parent sample and the test	791
sample actually to be tested between the time they are removed	792
from their place of storage or the time of their extraction to the	793
time at which the DNA testing will be performed.	794

(2) The court, the testing authority, and the law enforcement	795
and prosecutorial personnel involved in the process, or any	796
combination of those entities and persons, shall coordinate the	797
transport of the parent sample and the test sample actually to be	798
tested between their place of storage and the place where the DNA	799
testing will be performed, and the court and testing authority	800
shall document the transport procedures so used.	801

(3) The testing authority shall determine and document the	802
custodian of the parent sample and the test sample actually to be	803
tested after they are in the possession of the testing authority.	804

(4) The testing authority shall maintain and preserve the	805
parent sample and the test sample actually to be tested after they	806
are in the possession of the testing authority and shall document	807
the maintenance and preservation procedures used.	808

(5) After the DNA testing, the court, the testing authority,	809
and the original custodial agency of the parent sample, or any	810
combination of those entities, shall coordinate the return of the	811
remaining parent sample back to its place of storage with the	812
original custodial agency or to any other place determined in	813
accordance with this division and section 2953.81 of the Revised	814
Code. The court and testing authority shall be responsible for	815
determining the custodial agency to maintain any newly created,	816
extracted, or collected DNA material resulting from the testing.	817
The court and testing authority shall document the return	818
procedures for original materials and for any newly created,	819
extracted, or collected DNA material resulting from the testing,	820
and also the custodial agency to which those materials should be	821
taken.	822

(B) A court or testing authority shall provide the	823
documentation required under division (A) of this section in	824
writing and shall maintain that documentation.	825

Sec. 2953.78.  (A) If an eligible inmate submits an	826
application for DNA testing under section 2953.73 of the Revised	827
Code and if the application is accepted and DNA testing is to be	828
performed, the court shall select the testing authority to be used	829
for the testing. A court shall not select or use a testing	830
authority for DNA testing unless the attorney general approves or	831
designates the testing authority pursuant to division (C) of this	832
section and unless the testing authority satisfies the criteria	833
set forth in section 2953.80 of the Revised Code.	834

(B) If a court selects a testing authority pursuant to	835
division (A) of this section and the eligible inmate for whom the	836
test is to be performed objects to the use of the selected testing	837
authority, the objection constitutes a rejection by the inmate of	838
the state's offer to conduct or facilitate DNA testing for the	839
inmate, the state's offer to conduct or facilitate DNA testing for	840
the inmate automatically is withdrawn as a matter of law, and the	841
state is released from any obligation to conduct or facilitate DNA	842
testing for the inmate. An objection as described in this	843
division, and the resulting rejection, withdrawal, and release, do	844
not preclude a court from accepting in the court's discretion, a	845
subsequent application by the same eligible inmate requesting DNA	846
testing.	847

(C) The attorney general shall approve or designate testing	848
authorities that may be selected and used for the conduct of DNA	849
testing, shall prepare a list of the approved or designated	850
testing authorities, and shall provide copies of the list to all	851
courts of common pleas. The attorney general shall update the list	852
as appropriate to reflect changes in the approved or designated	853
testing authorities and shall provide copies of the updated list	854
to all courts of common pleas. The attorney general shall not	855
approve or designate a testing authority under this division	856
unless the testing authority satisfies the criteria set forth in	857
section 2953.80 of the Revised Code.	858

(D) The attorney general's approval or designation of testing	859
authorities under division (C) of this section, and the selection	860
and use of any approved or designated testing authority, do not	861
afford an inmate any right to subsequently challenge the approval,	862
designation, selection, or use, and an inmate may not appeal to	863
any court the approval, designation, selection, or use of a	864
testing authority.	865

Sec. 2953.79.  (A) If an eligible inmate submits an	866
application for DNA testing under section 2953.73 of the Revised	867
Code and if the application is accepted and DNA testing is to be	868
performed, a sample of biological material shall be obtained from	869
the inmate in accordance with this section, to be compared with	870
the parent sample of biological material collected from the crime	871
scene or the victim of the offense for which the inmate is an	872
eligible inmate and requested the DNA testing. The inmate's filing	873
of the application constitutes the inmate's consent to the	874
obtaining of the sample of biological material from the inmate.	875
The testing authority shall obtain the sample of biological	876
material from the inmate in accordance with medically accepted	877
procedures.	878

(B) If DNA testing is to be performed for an inmate as	879
described in division (A) of this section, the court shall contact	880
the department of rehabilitation and correction and coordinate	881
with the department the date on which, and the time and place at	882
which, the sample of biological material will be obtained from the	883
inmate. The department shall provide the facility at which the	884
sample will be obtained and shall make the inmate available at	885
that facility at the specified time. The court shall provide	886
notice to the inmate and to the inmate's counsel of the date on	887
which, and the time and place at which, the sample will be so	888
obtained.	889

The court also shall coordinate with the testing authority	890
regarding the obtaining of the sample from the inmate.	891

(C)(1) If DNA testing is to be performed for an inmate as	892
described in division (A) of this section, and the inmate refuses	893
to submit to the collection of the sample of biological material	894
from the inmate or hinders the state from obtaining a sample of	895
biological material from the inmate, the inmate's refusal or	896
hindrance constitutes a rejection by the inmate of the state's	897
offer to conduct or facilitate DNA testing for the inmate, the	898
state's offer to conduct or facilitate DNA testing for the inmate	899
automatically is withdrawn as a matter of law, and the state is	900
released from any obligation to conduct or facilitate DNA testing	901
for the inmate.	902

(2) For purposes of division (C)(1) of this section:

903

(a) An inmate's "refusal to submit to the collection of a	904
sample of biological material from the inmate" includes, but is	905
not limited to, the inmate's rejection of the physical manner in	906
which a sample of the inmate's biological material is to be taken.	907

(b) An inmate's "hindrance of the state in obtaining a sample	908
of biological material from the inmate" includes, but is not	909
limited to, the inmate being physically or verbally uncooperative	910
or antagonistic in the taking of a sample of the inmate's	911
biological material.	912

(D) The extracting personnel shall make the determination as	913
to whether an eligible inmate for whom DNA testing is to be	914
performed is refusing to submit to the collection of a sample of	915
biological material from the inmate or is hindering the state from	916
obtaining a sample of biological material from the inmate at the	917
time and date of the scheduled collection of the sample. If the	918
extracting personnel determine that an inmate is refusing to	919
submit to the collection of a sample or is hindering the state	920
from obtaining a sample, the extracting personnel shall document	921
in writing the conditions that constitute the refusal or hindrance	922
and shall maintain the documentation.	923

Sec. 2953.80.  (A) The attorney general shall not approve or	924
designate a testing authority for conducting DNA testing under	925
section 2953.78 of the Revised Code, and a court shall not select	926
or use a testing authority for DNA testing under that section,	927
unless the testing authority satisfies all of the following	928
criteria:	929

(1) It is in compliance with nationally accepted quality	930
assurance standards for forensic DNA testing, as published in the	931
quality assurance standards for forensic DNA testing laboratories	932
issued by the director of the federal bureau of investigation.	933

(2) It undergoes an annual internal or external audit for	934
quality assurance in conformity with the standards identified in	935
division (A)(1) of this section.	936

(3) At least once in the preceding two-year period, and at	937
least once each two-year period thereafter, it undergoes an	938
external audit for quality assurance in conformity with the	939
standards identified in division (A)(1) of this section.	940

(B) As used in division (A) of this section:

941

(1) "External audit" means a quality assurance review of a	942
testing authority that is conducted by a forensic DNA testing	943
agency outside of, and not affiliated with, the testing authority.	944

(2) "Internal audit" means an internal review of a testing	945
authority that is conducted by the testing authority itself.	946

Sec. 2953.81. If an eligible inmate submits an application	947
for DNA testing under section 2953.73 of the Revised Code and if	948
DNA testing is performed based on that application, upon	949
completion of the testing, all of the following apply:	950

(A) The court or a designee of the court shall maintain the	951
results of the testing and shall maintain and preserve both the	952
parent sample of the biological material used and the inmate	953
sample of the biological material used. The testing authority may	954
be designated as the person to maintain the results of the testing	955
or to maintain and preserve some or all of the samples, or both.	956
The results of the testing remain state's evidence. The samples	957
shall be preserved during the entire period of time for which the	958
inmate is imprisoned relative to the prison term or sentence of	959
death in question and, if that prison term expires or the inmate	960
is executed under that sentence of death, for a reasonable period	961
of time of not less than twenty-four months after the term expires	962
or the inmate is executed. The court shall determine the period of	963
time that is reasonable for purposes of this division, provided	964
that the period shall not be less than twenty-four months after	965
the term expires or the inmate is executed.	966

(B) The results of the testing are a public record.

967

(C) The court or the testing authority shall provide a copy	968
of the results of the testing to the prosecuting attorney, the	969
attorney general, and the subject inmate.	970

(D) If the postconviction proceeding in question is pending	971
at that time in a court of this state, the court of common pleas	972
that decided the DNA application or the testing authority shall	973
provide a copy of the results of the testing to that court of this	974
state, and, if it is pending in a federal court, the court of	975
common pleas that decided the DNA application or the testing	976
authority shall provide a copy of the results of the testing to	977
that federal court.	978

(E) The testing authority shall provide a copy of the results	979
of the testing to the court of common pleas that decided the DNA	980
application.	981

(F) The inmate or the state may enter the results of the	982
testing into a postconviction proceeding under sections 2953.21 to	983
2953.23 of the Revised Code only if the results of the testing are	984
an exclusion result or an inclusion result and subject to the	985
limitations otherwise set forth in divisions (G) to (J) of this	986
section.	987

(G) The inmate may enter an exclusion result for the purpose	988
of establishing substantive grounds for a postconviction hearing	989
under division (C) of section 2953.21 of the Revised Code.	990

(H) The state may use an inclusion result for the purpose of	991
foreclosing and discrediting claims of "actual innocence" in any	992
current or subsequent proceeding in a court of this state or a	993
federal court.	994

(I) By making the application for DNA testing, and by	995
accepting and agreeing to the testing, the inmate agrees that	996
appropriate exclusion or inclusion results, as described in	997
divisions (F) to (H) of this section, may be used in	998
postconviction proceedings in support of a second petition or	999
successive petition pursuant to, and in satisfaction of, the	1000
requirements set forth in section 2953.23 of the Revised Code.	1001

(J) A result of testing that is an inconclusive result or a	1002
"no result" shall not be entered into or offered for use in any	1003
proceeding under sections 2953.21 to 2953.23 of the Revised Code	1004
or in any other postconviction proceeding.	1005

Section 2. That existing sections 2953.21 and 2953.23 of the	1006
Revised Code are hereby repealed.	1007