To enact sections 109.97 and 120.36 of the Revised Code to require the Attorney General to annually prepare and file with specified individuals a capital case status report and to provide that an attorney who is found to have provided ineffective assistance of counsel in a capital case or in an appeal of a capital case in which a sentence of death was imposed thereafter cannot be appointed to represent an indigent defendant in a similar type of case or appeal.

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

Sec. 109.97. (A) AS USED IN THIS SECTION:

(1) "COMMUTATION," "PARDON," "PRISONER," AND "STATE CORRECTIONAL INSTITUTION" HAVE THE SAME MEANINGS AS IN SECTION 2967.01 OF THE REVISED CODE.

(2) "INDIVIDUAL'S PRESENT LEGAL STATUS" MEANS WHICHEVER OF THE FOLLOWING CIRCUMSTANCES APPLY ON THE THIRTY-FIRST DAY OF DECEMBER OF THE CALENDAR YEAR COVERED BY A CAPITAL CASE STATUS REPORT DESCRIBED IN DIVISIONS (B) AND (C) OF THIS SECTION TO AN INDIVIDUAL WHO WAS SENTENCED TO DEATH PURSUANT TO SECTIONS 2929.02 TO 2929.04 OR SECTION 2929.06 of the Revised Code FOR AN AGGRAVATED MURDER COMMITTED ON OR AFTER OCTOBER 19, 1981:

(a) THE INDIVIDUAL WAS EXECUTED IN ACCORDANCE WITH SECTION 2949.22 of the Revised Code FOR THE AGGRAVATED MURDER, OR THE INDIVIDUAL OTHERWISE IS DECEASED.

(b) THE INDIVIDUAL CONTINUES TO BE CONFINED IN A STATE CORRECTIONAL INSTITUTION WAITING FOR THE EXECUTION OF THE SENTENCE OF DEATH.

(c) THE INDIVIDUAL HAS BEEN RELEASED FROM CONFINEMENT IN A STATE CORRECTIONAL INSTITUTION PURSUANT TO A PARDON GRANTED IN CONNECTION WITH THE AGGRAVATED MURDER, OR THE INDIVIDUAL HAS BEEN GRANTED A COMMUTATION IN CONNECTION WITH THE AGGRAVATED MURDER AND HAS BEEN RELEASED FROM CONFINEMENT OR IS SERVING A PRISON TERM OR SENTENCE OF IMPRISONMENT PURSUANT TO THE COMMUTATION.

(d) THE INDIVIDUAL HAS HAD THE SENTENCE OF DEATH VACATED OR REVERSED ON APPEAL OR PURSUANT TO DIVISION (C) OF SECTION 2929.05 of the Revised Code OR OTHERWISE HAS BEEN RELIEVED OF THE SENTENCE OF DEATH BY A COURT OF THIS STATE OR THE UNITED STATES.

(e) THE INDIVIDUAL HAS HAD THE SENTENCE OF DEATH VACATED AS DESCRIBED IN SECTION 2929.06 OF THE REVISED CODE OR OTHERWISE, THE INDIVIDUAL HAS BEEN RESENTENCED PURSUANT TO THAT SECTION OR OTHERWISE TO A SENTENCE OTHER THAN A SENTENCE OF DEATH, AND THE INDIVIDUAL IS A PRISONER SERVING A PRISON TERM OR SENTENCE OF IMPRISONMENT IN A STATE CORRECTIONAL INSTITUTION.

(f) THE INDIVIDUAL IS CONFINED IN A CORRECTIONAL INSTITUTION OF ANOTHER STATE OR THE UNITED STATES FOR THE COMMISSION OF ANOTHER OFFENSE OR HAS BEEN EXECUTED IN ACCORDANCE WITH A SENTENCE OF DEATH IMPOSED BY A COURT OF ANOTHER STATE OR THE UNITED STATES FOR THE COMMISSION OF ANOTHER OFFENSE.

(g) THE INDIVIDUAL HAS ESCAPED FROM CONFINEMENT IN A STATE CORRECTIONAL INSTITUTION OR A CORRECTIONAL INSTITUTION OF ANOTHER STATE OR THE UNITED STATES AND CURRENTLY IS AT-LARGE.

(B) THE ATTORNEY GENERAL ANNUALLY SHALL PREPARE OR CAUSE TO BE PREPARED A CAPITAL CASE STATUS REPORT THAT PERTAINS TO ALL INDIVIDUALS WHO WERE SENTENCED TO DEATH PURSUANT TO SECTIONS 2929.02 TO 2929.04 OR SECTION 2929.06 of the Revised Code FOR AN AGGRAVATED MURDER COMMITTED ON OR AFTER OCTOBER 19, 1981, AND THAT CONTAINS FOR EACH OF THOSE INDIVIDUALS THE INFORMATION DESCRIBED IN DIVISION (C)(1) OF THIS SECTION. THE ATTORNEY GENERAL SHALL FILE A COPY OF EACH ANNUAL CAPITAL CASE STATUS REPORT WITH THE GOVERNOR, THE CHIEF JUSTICE OF THE SUPREME COURT, THE PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES NO LATER THAN THE FIRST DAY OF APRIL OF THE CALENDAR YEAR FOLLOWING THE CALENDAR YEAR COVERED BY THE REPORT. EACH ANNUAL CAPITAL CASE STATUS REPORT SHALL BE A PUBLIC RECORD SUBJECT TO INSPECTION AND COPYING IN ACCORDANCE WITH SECTION 149.43 OF THE REVISED CODE.

(C)(1) AN ANNUAL CAPITAL CASE STATUS REPORT PREPARED PURSUANT TO DIVISION (B) OF THIS SECTION SHALL CONTAIN ALL OF THE FOLLOWING INFORMATION THAT PERTAINS AS OF THE THIRTY-FIRST DAY OF DECEMBER OF THE CALENDAR YEAR COVERED BY THE REPORT TO EACH INDIVIDUAL WHO WAS SENTENCED TO DEATH PURSUANT TO SECTIONS 2929.02 TO 2929.04 OR 2929.06 OF THE REVISED CODE FOR AN AGGRAVATED MURDER COMMITTED ON OR AFTER OCTOBER 19, 1981:

(a) A CITATION TO AND BRIEF SUMMARY OF THE FACTS OF EACH CASE IN WHICH THE INDIVIDUAL WAS SENTENCED TO DEATH PURSUANT TO SECTIONS 2929.02 TO 2929.04 OR SECTION 2929.06 OF THE REVISED CODE FOR AN AGGRAVATED MURDER COMMITTED ON OR AFTER OCTOBER 19, 1981;

(b) A STATEMENT AS TO THE INDIVIDUAL'S PRESENT LEGAL STATUS;

(c) A SUMMARY HISTORY OF THE INDIVIDUAL'S LEGAL ACTIONS TO VACATE, REVERSE, OR OTHERWISE BE RELIEVED FROM THE SENTENCE OF DEATH DESCRIBED IN DIVISION (C)(1)(a) OF THIS SECTION, INCLUDING, BUT NOT LIMITED TO, MOTIONS TO VACATE THE SENTENCE OF DEATH, APPEALS, PETITIONS FOR POSTCONVICTION RELIEF, AND PETITIONS FOR HABEAS CORPUS RELIEF FILED WITH A COURT OF THIS STATE OR A COURT OF THE UNITED STATES UNDER SECTION 2929.05, 2953.21, OR ANOTHER SECTION OF THE REVISED CODE, THE OHIO CONSTITUTION, FEDERAL STATUTES, OR THE UNITED STATES CONSTITUTION;

(d) ANY OTHER INFORMATION THAT THE ATTORNEY GENERAL DETERMINES IS RELEVANT, INCLUDING, BUT NOT LIMITED TO, A TENTATIVELY SCHEDULED DATE FOR THE EXECUTION OF THE INDIVIDUAL'S SENTENCE OF DEATH IN ACCORDANCE WITH SECTION 2949.22 OF THE REVISED CODE.

(2) IN EACH ANNUAL CAPITAL CASE STATUS REPORT PREPARED PURSUANT TO DIVISION (B) OF THIS SECTION, THE ATTORNEY GENERAL SHALL SET FORTH OR CAUSE TO BE SET FORTH THE INFORMATION DESCRIBED IN DIVISION (C)(1) OF THIS SECTION IN THE FORM THAT THE ATTORNEY GENERAL CONSIDERS MOST APPROPRIATE TO PRESENT THAT INFORMATION, INCLUDING, BUT NOT LIMITED TO, CHARTS, TABLES, GRAPHS, AND NARRATIVE SUMMARIES.

(D) ALL OFFICERS AND EMPLOYEES OF THE GOVERNMENT OF THIS STATE AND ITS POLITICAL SUBDIVISIONS SHALL COOPERATE, UPON REQUEST OF THE ATTORNEY GENERAL, IN PROVIDING INFORMATION THAT FACILITATES THE ATTORNEY GENERAL IN THE PERFORMANCE OF THE ATTORNEY GENERAL'S RESPONSIBILITIES UNDER THIS SECTION.

Sec. 120.36. (A) THE GENERAL ASSEMBLY HEREBY DECLARES THAT IT RECOGNIZES THAT, WHEN AN INDIGENT DEFENDANT WHO IS CHARGED WITH A CAPITAL OFFENSE IS ENTITLED TO THE APPOINTMENT OF COUNSEL AND WHEN AN INDIGENT DEFENDANT WHO HAS BEEN SENTENCED TO DEATH IS ENTITLED TO THE APPOINTMENT OF APPELLATE COUNSEL, THE RIGHT INCLUDES AS A COMPONENT THAT THE DEFENDANT BE PROVIDED THE EFFECTIVE ASSISTANCE OF THE APPOINTED COUNSEL OR THE APPOINTED APPELLATE COUNSEL AND THE RIGHT IS A SUBSTANTIVE RIGHT OF THE DEFENDANT. THE PROVISIONS OF DIVISION (B) OF THIS SECTION APPLY TO PROTECT THE SUBSTANTIVE RIGHT OF AN INDIGENT DEFENDANT THAT IS DESCRIBED IN THIS DIVISION.

(B) IF AN ATTORNEY SERVES AS COUNSEL FOR A DEFENDANT WHO IS CHARGED WITH A CAPITAL OFFENSE AND WHO IS SENTENCED TO DEATH FOR THAT OFFENSE OR SERVES AS APPELLATE COUNSEL FOR A DEFENDANT WHO WAS SENTENCED TO DEATH FOR A CAPITAL OFFENSE, IF ANY COURT OF THIS STATE OR OF THE UNITED STATES SUBSEQUENTLY FINDS THAT IN THE ACTION OR PROCEEDING IN WHICH THE ATTORNEY SERVED AS COUNSEL OR APPELLATE COUNSEL FOR THE DEFENDANT THE ATTORNEY PROVIDED INEFFECTIVE ASSISTANCE OF COUNSEL TO THE DEFENDANT, AND IF THE FINDING OF THE COURT OF THIS STATE OR OF THE UNITED STATES REGARDING THE INEFFECTIVE ASSISTANCE OF COUNSEL IS NOT SUBSEQUENTLY REVERSED OR OVERTURNED ON APPEAL, THEREAFTER, NOTWITHSTANDING ANY LAW PERTAINING TO THE APPOINTMENT OF COUNSEL FOR INDIGENT DEFENDANTS IN A CAPITAL CASE OR IN AN APPEAL OF A CAPITAL CASE AND NOTWITHSTANDING ANY CERTIFICATION OF THE ATTORNEY PURSUANT TO ANY LAW OF THAT NATURE AS ELIGIBLE TRIAL COUNSEL FOR INDIGENT DEFENDANTS IN CAPITAL CASES OR AS ELIGIBLE APPELLATE COUNSEL FOR INDIGENT DEFENDANTS IN APPEALS OF CAPITAL CASES, IN NO CASE SHALL THE ATTORNEY BE APPOINTED AS COUNSEL FOR AN INDIGENT DEFENDANT WHO IS CHARGED WITH A CAPITAL OFFENSE OR AS APPELLATE COUNSEL FOR AN INDIGENT DEFENDANT WHO HAS BEEN SENTENCED TO DEATH FOR A CAPITAL OFFENSE. THE PROHIBITION SET FORTH IN THIS DIVISION IS PERMANENT, AND NO COURT SHALL TERMINATE OR MODIFY THE PROHIBITION.

(C) THE SUPREME COURT SHALL DO ALL OF THE FOLLOWING:

(1) MAINTAIN, OR PROVIDE FOR THE MAINTENANCE OF, A LIST OF ALL ATTORNEYS WHO HAVE BEEN FOUND TO HAVE PROVIDED THE INEFFECTIVE ASSISTANCE OF COUNSEL IN A CAPITAL CASE OR IN AN APPEAL OF A CAPITAL CASE, AS DESCRIBED IN DIVISION (B) OF THIS SECTION;

(2) PERIODICALLY UPDATE, OR PROVIDE FOR THE PERIODIC UPDATING OF, THE LIST DESCRIBED IN DIVISION (C)(1) OF THIS SECTION;

(3) PERIODICALLY PROVIDE, OR PROVIDE FOR THE PERIODIC PROVISION OF, COPIES OF THE LIST DESCRIBED IN DIVISION (C)(1) OF THIS SECTION, AS UPDATED IN ACCORDANCE WITH DIVISION (C)(2) OF THIS SECTION, TO ALL JUDGES OF A COURT OF COMMON PLEAS, ALL COURTS OF APPEALS, THE SUPREME COURT, AND THE STATE PUBLIC DEFENDER;

(4) UPON THE REQUEST OF ANY PERSON, INFORM THE PERSON WHETHER A SPECIFIED ATTORNEY IS ON THE LIST DESCRIBED IN DIVISION (C)(1) OF THIS SECTION, AS UPDATED IN ACCORDANCE WITH DIVISION (C)(2) OF THIS SECTION.

(D) AS USED IN THIS SECTION:

(1) "APPELLATE COUNSEL" MEANS COUNSEL IN ANY APPEAL OF A CAPITAL CASE.

(2) "APPEAL OF A CAPITAL CASE" MEANS ANY DIRECT APPEAL OF A CAPITAL CASE OR ANY COLLATERAL CHALLENGE OR APPEAL REGARDING A CAPITAL CASE, INCLUDING, BUT NOT LIMITED TO, ANY POSTCONVICTION RELIEF PROCEEDING, ANY STATE OR FEDERAL HABEAS CORPUS PROCEEDING, OR ANY APPEAL OF THE JUDGMENT IN ANY POSTCONVICTION RELIEF PROCEEDING OR IN ANY STATE OR FEDERAL HABEAS CORPUS PROCEEDING.

(3) "LAW PERTAINING TO THE APPOINTMENT OF COUNSEL FOR INDIGENT DEFENDANTS IN A CAPITAL CASE OR IN AN APPEAL OF A CAPITAL CASE" MEANS RULE 65 OF THE RULES OF SUPERINTENDENCE FOR THE COURTS OF COMMON PLEAS, RULE 6 OF THE RULES OF SUPERINTENDENCE FOR THE COURTS OF APPEALS, CRIMINAL RULE 44, THE SECTIONS CONTAINED IN THIS CHAPTER, SECTION 2941.51 OF THE REVISED CODE, AND ANY OTHER PROVISION OF LAW THAT PERTAINS TO THE APPOINTMENT OF COUNSEL FOR AN INDIGENT DEFENDANT WHO IS CHARGED WITH A CAPITAL OFFENSE OR TO THE APPOINTMENT OF APPELLATE COUNSEL FOR AN INDIGENT DEFENDANT WHO HAS BEEN SENTENCED TO DEATH FOR A CAPITAL OFFENSE.