As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 61 5
1999-2000 6
REPRESENTATIVES WOMER BENJAMIN-MEAD-COUGHLIN- 8
TERWILLEGER-THOMAS-CLANCY-GARDNER-JACOBSON- 9
HARRIS-CORBIN-TAYLOR-JERSE-MOTTLEY-DAMSCHRODER- 10
CAREY-JONES-O'BRIEN-HAINES-BRADING-SALERNO-MAIER- 11
OPFER-WINKLER-METZGER-PATTON-HARTNETT-GRENDELL- 12
LOGAN-OLMAN-PRINGLE-FLANNERY-DePIERO-FORD 13
14
A B I L L
To amend sections 2903.07 and 4511.196 of the 16
Revised Code to provide that a judge may impose a 17
pretrial suspension of the driver's or commercial 18
driver's license of a person who is charged with
the offense of aggravated vehicular homicide, 19
vehicular homicide that is a felony, or 20
aggravated vehicular assault if the judge 21
determines that the person's continued driving 22
will be a threat to public safety, and to enhance 23
the penalty for vehicular homicide if the 24
offender was under license suspension or 25
revocation at the time of the offense. 26
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 28
Section 1. That sections 2903.07 and 4511.196 of the 30
Revised Code be amended to read as follows: 31
Sec. 2903.07. (A) No person, while operating or 40
participating in the operation of a motor vehicle, motorcycle, 41
snowmobile, locomotive, watercraft, or aircraft, shall 42
negligently cause the death of another or the unlawful 43
termination of another's pregnancy. 44
(B) Whoever violates this section is guilty of vehicular 46
2
homicide, a misdemeanor of the first degree. If the offender 47
previously has been convicted of an offense under this section, 48
section 2903.06 or 2903.08 of the Revised Code, or section 49
2903.04 of the Revised Code in a case in which the offender was 50
subject to the sanctions described in division (D) of that 51
section, OR IF AT THE TIME OF THE COMMISSION OF THE OFFENSE THE 52
OFFENDER'S DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OR PERMIT OR 54
NONRESIDENT OPERATING PRIVILEGE WAS SUSPENDED OR REVOKED PURSUANT
TO ANY SECTION OF THE REVISED CODE, vehicular homicide is a 55
felony of the fourth degree. 56
If the jury or judge as trier of fact finds that the 58
offender was under the influence of alcohol, a drug of abuse, or 59
alcohol and a drug of abuse, at the time of the commission of the 60
offense, then the offender's driver's or commercial driver's 61
license or permit or nonresident operating privileges PRIVILEGE 62
shall be permanently revoked pursuant to section 4507.16 of the 63
Revised Code.
When the trier of fact determines whether the offender was 65
under the influence of alcohol, a drug of abuse, or alcohol and a 66
drug of abuse, the concentration of alcohol in the offender's 67
blood, breath, or urine as shown by a chemical test taken 68
pursuant to section 1547.111 or 4511.191 of the Revised Code may 69
be considered as competent evidence, and the offender shall be 70
presumed to have been under the influence of alcohol if there was 71
at the time the bodily substance was withdrawn for the chemical 72
test a concentration of ten-hundredths of one per cent or more by 73
weight of alcohol in the offender's blood, ten-hundredths of one 74
gram or more by weight of alcohol per two hundred ten liters of 75
the offender's breath, or fourteen-hundredths of one gram or more 76
by weight of alcohol per one hundred milliliters of the 77
offender's urine.
(C) If the offender previously has been convicted of or 79
pleaded guilty to a violation of this section, section 2903.04 of 80
the Revised Code in a case in which the offender was subject to 81
3
the sanctions described in division (D) of that section, section 82
1547.11, 2903.06, 2903.08, 4511.19, or 4511.192 of the Revised 83
Code, division (B) or (D) of section 4507.02 of the Revised Code, 84
section 4507.38 or 4507.39 of the Revised Code as those sections 85
existed prior to September 24, 1986, a municipal ordinance that 86
is substantially similar to this section, section 2903.08, 87
4511.19, or 4511.192 of the Revised Code, a municipal ordinance 88
that is substantially similar to section 4507.38 or 4507.39 of 89
the Revised Code as those sections existed prior to September 24, 90
1986, or a municipal ordinance that is substantially similar to 91
section 2903.04 of the Revised Code in a case in which the 92
offender would have been subject to the sanctions described in 93
division (D) of that section had the offender been convicted of a 94
violation of that section, if the offender has accumulated twelve 95
points pursuant to section 4507.021 of the Revised Code within 96
one year of the offense, or if in the commission of the offense 97
the offender was driving under suspension or operating a motor 98
vehicle while under the influence of alcohol, a drug of abuse, or 99
alcohol and a drug of abuse, the offender shall be sentenced to a 100
mandatory prison term and shall not be eligible for a sentence to 101
a community control sanction, pursuant to section 2929.13 of the 102
Revised Code, for judicial release pursuant to section 2929.20 of 103
the Revised Code, or for a reduction of a stated prison term or a 104
release pursuant to section 2967.193 of the Revised Code or any 105
other provision of Chapter 2967. or Chapter 5120. of the Revised
Code. 106
(D) As used in this section, "mandatory prison term" and 108
"community control sanction" have the same meanings as in section 109
2929.01 of the Revised Code.
Sec. 4511.196. (A) If a person is arrested for operating 118
a vehicle while under the influence of alcohol, a drug of abuse, 119
or alcohol and a drug of abuse or for operating a vehicle with a 120
prohibited concentration of alcohol in the blood, breath, or 121
urine and regardless of whether the person's driver's or 122
4
commercial driver's license or permit or nonresident operating 123
privilege is or is not suspended under division (E) or (F) of 124
section 4511.191 of the Revised Code, the person's initial 125
appearance on the charge resulting from the arrest shall be held 126
within five days of the person's arrest or the issuance of the 127
citation to the person. 128
(B)(1) If a person is arrested as described in division 130
(A) of this section, if the person's driver's or commercial 131
driver's license or permit or nonresident operating privilege has 132
been suspended under division (E) or (F) of section 4511.191 of 133
the Revised Code in relation to that arrest, if the person 134
appeals the suspension in accordance with division (H)(1) of that 135
section, and if the judge, magistrate, or mayor terminates the 136
suspension in accordance with division (H)(2) of that section, 139
the judge, magistrate, or mayor may impose a new suspension of 140
the person's license, permit, or nonresident operating privilege, 141
notwithstanding the termination of the suspension imposed under 142
division (E) or (F) of section 4511.191 of the Revised Code, if 143
the judge, magistrate, or mayor determines that the person's 144
continued driving will be a threat to public safety. 146
(2) If a person is arrested as described in division (A) 148
of this section and if the person's driver's or commercial 149
driver's license or permit or nonresident operating privilege has 150
not been suspended under division (E) or (F) of section 4511.191 151
of the Revised Code in relation to that arrest, the judge, 152
magistrate, or mayor may impose a suspension of the person's 154
license, permit, or nonresident operating privilege if the judge, 155
referee MAGISTRATE, or mayor determines that the person's 156
continued driving will be a threat to public safety.
(C) A suspension of a person's driver's or commercial 158
driver's license or permit or nonresident operating privilege 159
under division (B)(1) or (2) of this section shall continue until 160
the complaint on the charge resulting from the arrest is 163
adjudicated on the merits. A court that imposes a suspension 164
5
under division (B)(2) of this section shall send the person's 165
driver's license or permit to the registrar OF MOTOR VEHICLES. 166
If the court possesses the driver's or commercial driver's 167
license or permit of a person in the category described in 168
division (B)(2) of this section and the court does not impose a 169
suspension under division (B)(2) of this section, the court shall 170
return the license or permit to the person if the license or 171
permit has not otherwise been suspended or revoked.
Any time during which the person serves a suspension of the 173
person's driver's or commercial driver's license or permit or 175
nonresident operating privilege that is imposed pursuant to 176
division (B)(1) or (2) of this section shall be credited against 177
any judicial suspension of the person's license, permit, or 178
nonresident operating privilege that is imposed pursuant to 179
division (B) of section 4507.16 of the Revised Code. 180
(D) IF A PERSON IS ARRESTED AND CHARGED WITH A VIOLATION 183
OF SECTION 2903.06 OR 2903.08 OF THE REVISED CODE OR A VIOLATION 186
OF SECTION 2903.07 OF THE REVISED CODE THAT IS A FELONY OFFENSE, 188
THE JUDGE AT THE PERSON'S INITIAL APPEARANCE, PRELIMINARY 189
HEARING, OR ARRAIGNMENT MAY SUSPEND THE PERSON'S DRIVER'S OR 190
COMMERCIAL DRIVER'S LICENSE OR PERMIT OR NONRESIDENT OPERATING 191
PRIVILEGE IF THE JUDGE DETERMINES AT ANY OF THOSE PROCEEDINGS 192
THAT THE PERSON'S CONTINUED DRIVING WILL BE A THREAT TO PUBLIC 193
SAFETY. 194
THE SUSPENSION THAT MAY BE IMPOSED PURSUANT TO THIS 196
DIVISION SHALL CONTINUE UNTIL THE INDICTMENT OR INFORMATION 197
ALLEGING THE VIOLATION SPECIFIED IN THIS DIVISION IS ADJUDICATED 198
ON THE MERITS. A COURT THAT IMPOSES A SUSPENSION UNDER THIS 199
DIVISION SHALL SEND THE PERSON'S DRIVER'S OR COMMERCIAL DRIVER'S 200
LICENSE OR PERMIT TO THE REGISTRAR. 201
Section 2. That existing sections 2903.07 and 4511.196 of 203
the Revised Code are hereby repealed. 204
Section 3. Section 2903.07 of the Revised Code is 206
presented in this act as a composite of the section as amended by 207
6
both Am. Sub. S.B. 239 and Am. Sub. S.B. 269 of the 121st General 208
Assembly, with the new language of neither of the acts shown in 210
capital letters. This is in recognition of the principle stated 211
in division (B) of section 1.52 of the Revised Code that such 212
amendments are to be harmonized where not substantively 213
irreconcilable and constitutes a legislative finding that such is 214
the resulting version in effect prior to the effective date of 215
this act.