As Passed by the House 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-SULZER- 13
BOYD-BRITTON-EVANS-ALLEN-CATES-MYERS-VESPER 14
_________________________________________________________________ 15
A B I L L
To amend sections 2903.07 and 4511.196 of the 17
Revised Code to provide that a judge may impose a 18
pretrial suspension of the driver's or commercial 19
driver's license of a person who is charged with
the offense of aggravated vehicular homicide, 20
vehicular homicide that is a felony, or 21
aggravated vehicular assault if the judge 22
determines that the person's continued driving 23
will be a threat to public safety, and to enhance 24
the penalty for vehicular homicide if the 25
offender was under license suspension or 26
revocation at the time of the offense. 27
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 29
Section 1. That sections 2903.07 and 4511.196 of the 31
Revised Code be amended to read as follows: 32
Sec. 2903.07. (A) No person, while operating or 41
participating in the operation of a motor vehicle, motorcycle, 42
snowmobile, locomotive, watercraft, or aircraft, shall 43
negligently cause the death of another or the unlawful 44
termination of another's pregnancy. 45
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(B) Whoever violates this section is guilty of vehicular 47
homicide, a misdemeanor of the first degree. If the offender 48
previously has been convicted of an offense under this section, 49
section 2903.06 or 2903.08 of the Revised Code, or section 50
2903.04 of the Revised Code in a case in which the offender was 51
subject to the sanctions described in division (D) of that 52
section, OR IF AT THE TIME OF THE COMMISSION OF THE OFFENSE THE 53
OFFENDER'S DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OR PERMIT OR 55
NONRESIDENT OPERATING PRIVILEGE WAS SUSPENDED OR REVOKED PURSUANT
TO ANY SECTION OF THE REVISED CODE, vehicular homicide is a 56
felony of the fourth degree. 57
If the jury or judge as trier of fact finds that the 59
offender was under the influence of alcohol, a drug of abuse, or 60
alcohol and a drug of abuse, at the time of the commission of the 61
offense, then the offender's driver's or commercial driver's 62
license or permit or nonresident operating privileges PRIVILEGE 63
shall be permanently revoked pursuant to section 4507.16 of the 64
Revised Code.
When the trier of fact determines whether the offender was 66
under the influence of alcohol, a drug of abuse, or alcohol and a 67
drug of abuse, the concentration of alcohol in the offender's 68
blood, breath, or urine as shown by a chemical test taken 69
pursuant to section 1547.111 or 4511.191 of the Revised Code may 70
be considered as competent evidence, and the offender shall be 71
presumed to have been under the influence of alcohol if there was 72
at the time the bodily substance was withdrawn for the chemical 73
test a concentration of ten-hundredths of one per cent or more by 74
weight of alcohol in the offender's blood, ten-hundredths of one 75
gram or more by weight of alcohol per two hundred ten liters of 76
the offender's breath, or fourteen-hundredths of one gram or more 77
by weight of alcohol per one hundred milliliters of the 78
offender's urine.
(C) If the offender previously has been convicted of or 80
pleaded guilty to a violation of this section, section 2903.04 of 81
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the Revised Code in a case in which the offender was subject to 82
the sanctions described in division (D) of that section, section 83
1547.11, 2903.06, 2903.08, 4511.19, or 4511.192 of the Revised 84
Code, division (B) or (D) of section 4507.02 of the Revised Code, 85
section 4507.38 or 4507.39 of the Revised Code as those sections 86
existed prior to September 24, 1986, a municipal ordinance that 87
is substantially similar to this section, section 2903.08, 88
4511.19, or 4511.192 of the Revised Code, a municipal ordinance 89
that is substantially similar to section 4507.38 or 4507.39 of 90
the Revised Code as those sections existed prior to September 24, 91
1986, or a municipal ordinance that is substantially similar to 92
section 2903.04 of the Revised Code in a case in which the 93
offender would have been subject to the sanctions described in 94
division (D) of that section had the offender been convicted of a 95
violation of that section, if the offender has accumulated twelve 96
points pursuant to section 4507.021 of the Revised Code within 97
one year of the offense, or if in the commission of the offense 98
the offender was driving under suspension or operating a motor 99
vehicle while under the influence of alcohol, a drug of abuse, or 100
alcohol and a drug of abuse, the offender shall be sentenced to a 101
mandatory prison term and shall not be eligible for a sentence to 102
a community control sanction, pursuant to section 2929.13 of the 103
Revised Code, for judicial release pursuant to section 2929.20 of 104
the Revised Code, or for a reduction of a stated prison term or a 105
release pursuant to section 2967.193 of the Revised Code or any 106
other provision of Chapter 2967. or Chapter 5120. of the Revised
Code. 107
(D) As used in this section, "mandatory prison term" and 109
"community control sanction" have the same meanings as in section 110
2929.01 of the Revised Code.
Sec. 4511.196. (A) If a person is arrested for operating 119
a vehicle while under the influence of alcohol, a drug of abuse, 120
or alcohol and a drug of abuse or for operating a vehicle with a 121
prohibited concentration of alcohol in the blood, breath, or 122
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urine and regardless of whether the person's driver's or 123
commercial driver's license or permit or nonresident operating 124
privilege is or is not suspended under division (E) or (F) of 125
section 4511.191 of the Revised Code, the person's initial 126
appearance on the charge resulting from the arrest shall be held 127
within five days of the person's arrest or the issuance of the 128
citation to the person. 129
(B)(1) If a person is arrested as described in division 131
(A) of this section, if the person's driver's or commercial 132
driver's license or permit or nonresident operating privilege has 133
been suspended under division (E) or (F) of section 4511.191 of 134
the Revised Code in relation to that arrest, if the person 135
appeals the suspension in accordance with division (H)(1) of that 136
section, and if the judge, magistrate, or mayor terminates the 137
suspension in accordance with division (H)(2) of that section, 140
the judge, magistrate, or mayor may impose a new suspension of 141
the person's license, permit, or nonresident operating privilege, 142
notwithstanding the termination of the suspension imposed under 143
division (E) or (F) of section 4511.191 of the Revised Code, if 144
the judge, magistrate, or mayor determines that the person's 145
continued driving will be a threat to public safety. 147
(2) If a person is arrested as described in division (A) 149
of this section and if the person's driver's or commercial 150
driver's license or permit or nonresident operating privilege has 151
not been suspended under division (E) or (F) of section 4511.191 152
of the Revised Code in relation to that arrest, the judge, 153
magistrate, or mayor may impose a suspension of the person's 155
license, permit, or nonresident operating privilege if the judge, 156
referee MAGISTRATE, or mayor determines that the person's 157
continued driving will be a threat to public safety.
(C) A suspension of a person's driver's or commercial 159
driver's license or permit or nonresident operating privilege 160
under division (B)(1) or (2) of this section shall continue until 161
the complaint on the charge resulting from the arrest is 164
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adjudicated on the merits. A court that imposes a suspension 165
under division (B)(2) of this section shall send the person's 166
driver's license or permit to the registrar OF MOTOR VEHICLES. 167
If the court possesses the driver's or commercial driver's 168
license or permit of a person in the category described in 169
division (B)(2) of this section and the court does not impose a 170
suspension under division (B)(2) of this section, the court shall 171
return the license or permit to the person if the license or 172
permit has not otherwise been suspended or revoked.
Any time during which the person serves a suspension of the 174
person's driver's or commercial driver's license or permit or 176
nonresident operating privilege that is imposed pursuant to 177
division (B)(1) or (2) of this section shall be credited against 178
any judicial suspension of the person's license, permit, or 179
nonresident operating privilege that is imposed pursuant to 180
division (B) of section 4507.16 of the Revised Code. 181
(D) IF A PERSON IS ARRESTED AND CHARGED WITH A VIOLATION 184
OF SECTION 2903.06 OR 2903.08 OF THE REVISED CODE OR A VIOLATION 187
OF SECTION 2903.07 OF THE REVISED CODE THAT IS A FELONY OFFENSE, 189
THE JUDGE AT THE PERSON'S INITIAL APPEARANCE, PRELIMINARY 190
HEARING, OR ARRAIGNMENT MAY SUSPEND THE PERSON'S DRIVER'S OR 191
COMMERCIAL DRIVER'S LICENSE OR PERMIT OR NONRESIDENT OPERATING 192
PRIVILEGE IF THE JUDGE DETERMINES AT ANY OF THOSE PROCEEDINGS 193
THAT THE PERSON'S CONTINUED DRIVING WILL BE A THREAT TO PUBLIC 194
SAFETY. 195
THE SUSPENSION THAT MAY BE IMPOSED PURSUANT TO THIS 197
DIVISION SHALL CONTINUE UNTIL THE INDICTMENT OR INFORMATION 198
ALLEGING THE VIOLATION SPECIFIED IN THIS DIVISION IS ADJUDICATED 199
ON THE MERITS. A COURT THAT IMPOSES A SUSPENSION UNDER THIS 200
DIVISION SHALL SEND THE PERSON'S DRIVER'S OR COMMERCIAL DRIVER'S 201
LICENSE OR PERMIT TO THE REGISTRAR. 202
Section 2. That existing sections 2903.07 and 4511.196 of 204
the Revised Code are hereby repealed. 205
Section 3. Section 2903.07 of the Revised Code is 207
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presented in this act as a composite of the section as amended by 208
both Am. Sub. S.B. 239 and Am. Sub. S.B. 269 of the 121st General 209
Assembly, with the new language of neither of the acts shown in 211
capital letters. This is in recognition of the principle stated 212
in division (B) of section 1.52 of the Revised Code that such 213
amendments are to be harmonized where not substantively 214
irreconcilable and constitutes a legislative finding that such is 215
the resulting version in effect prior to the effective date of 216
this act.