As Reported by the Senate Judiciary Committee 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- 15
SENATORS OELSLAGER-LATTA-HERINGTON-CUPP
_________________________________________________________________ 17
A B I L L
To amend sections 2903.07 and 4511.196 of the 19
Revised Code to provide that a judge may impose a 20
pretrial suspension of the driver's or commercial 21
driver's license of a person who is charged with
the offense of aggravated vehicular homicide, 22
vehicular homicide that is a felony, or 23
aggravated vehicular assault if the judge 24
determines that the person's continued driving 25
will be a threat to public safety, and to enhance 26
the penalty for vehicular homicide if the 27
offender was under license suspension or 28
revocation at the time of the offense. 29
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 31
Section 1. That sections 2903.07 and 4511.196 of the 33
Revised Code be amended to read as follows: 34
Sec. 2903.07. (A) No person, while operating or 43
participating in the operation of a motor vehicle, motorcycle, 44
snowmobile, locomotive, watercraft, or aircraft, shall 45
negligently cause the death of another or the unlawful 46
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termination of another's pregnancy. 47
(B) Whoever violates this section is guilty of vehicular 49
homicide, a misdemeanor of the first degree. If the offender 50
previously has been convicted of an offense under this section, 51
section 2903.06 or 2903.08 of the Revised Code, or section 52
2903.04 of the Revised Code in a case in which the offender was 53
subject to the sanctions described in division (D) of that 54
section, OR IF AT THE TIME OF THE COMMISSION OF THE OFFENSE THE 55
OFFENDER'S DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OR PERMIT OR 57
NONRESIDENT OPERATING PRIVILEGE WAS SUSPENDED OR REVOKED PURSUANT
TO ANY SECTION OF THE REVISED CODE, vehicular homicide is a 58
felony of the fourth degree. 59
If the jury or judge as trier of fact finds that the 61
offender was under the influence of alcohol, a drug of abuse, or 62
alcohol and a drug of abuse, at the time of the commission of the 63
offense, then the offender's driver's or commercial driver's 64
license or permit or nonresident operating privileges PRIVILEGE 65
shall be permanently revoked pursuant to section 4507.16 of the 66
Revised Code.
When the trier of fact determines whether the offender was 68
under the influence of alcohol, a drug of abuse, or alcohol and a 69
drug of abuse, the concentration of alcohol in the offender's 70
blood, breath, or urine as shown by a chemical test taken 71
pursuant to section 1547.111 or 4511.191 of the Revised Code may 72
be considered as competent evidence, and the offender shall be 73
presumed to have been under the influence of alcohol if there was 74
at the time the bodily substance was withdrawn for the chemical 75
test a concentration of ten-hundredths of one per cent or more by 76
weight of alcohol in the offender's blood, ten-hundredths of one 77
gram or more by weight of alcohol per two hundred ten liters of 78
the offender's breath, or fourteen-hundredths of one gram or more 79
by weight of alcohol per one hundred milliliters of the 80
offender's urine.
(C) If the offender previously has been convicted of or 82
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pleaded guilty to a violation of this section, section 2903.04 of 83
the Revised Code in a case in which the offender was subject to 84
the sanctions described in division (D) of that section, section 85
1547.11, 2903.06, 2903.08, 4511.19, or 4511.192 of the Revised 86
Code, division (B) or (D) of section 4507.02 of the Revised Code, 87
section 4507.38 or 4507.39 of the Revised Code as those sections 88
existed prior to September 24, 1986, a municipal ordinance that 89
is substantially similar to this section, section 2903.08, 90
4511.19, or 4511.192 of the Revised Code, a municipal ordinance 91
that is substantially similar to section 4507.38 or 4507.39 of 92
the Revised Code as those sections existed prior to September 24, 93
1986, or a municipal ordinance that is substantially similar to 94
section 2903.04 of the Revised Code in a case in which the 95
offender would have been subject to the sanctions described in 96
division (D) of that section had the offender been convicted of a 97
violation of that section, if the offender has accumulated twelve 98
points pursuant to section 4507.021 of the Revised Code within 99
one year of the offense, or if in the commission of the offense 100
the offender was driving under suspension or operating a motor 101
vehicle while under the influence of alcohol, a drug of abuse, or 102
alcohol and a drug of abuse, the offender shall be sentenced to a 103
mandatory prison term and shall not be eligible for a sentence to 104
a community control sanction, pursuant to section 2929.13 of the 105
Revised Code, for judicial release pursuant to section 2929.20 of 106
the Revised Code, or for a reduction of a stated prison term or a 107
release pursuant to section 2967.193 of the Revised Code or any 108
other provision of Chapter 2967. or Chapter 5120. of the Revised
Code. 109
(D) As used in this section, "mandatory prison term" and 111
"community control sanction" have the same meanings as in section 112
2929.01 of the Revised Code.
Sec. 4511.196. (A) If a person is arrested for operating 121
a vehicle while under the influence of alcohol, a drug of abuse, 122
or alcohol and a drug of abuse or for operating a vehicle with a 123
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prohibited concentration of alcohol in the blood, breath, or 124
urine and regardless of whether the person's driver's or 125
commercial driver's license or permit or nonresident operating 126
privilege is or is not suspended under division (E) or (F) of 127
section 4511.191 of the Revised Code, the person's initial 128
appearance on the charge resulting from the arrest shall be held 129
within five days of the person's arrest or the issuance of the 130
citation to the person. 131
(B)(1) If a person is arrested as described in division 133
(A) of this section, if the person's driver's or commercial 134
driver's license or permit or nonresident operating privilege has 135
been suspended under division (E) or (F) of section 4511.191 of 136
the Revised Code in relation to that arrest, if the person 137
appeals the suspension in accordance with division (H)(1) of that 138
section, and if the judge, magistrate, or mayor terminates the 139
suspension in accordance with division (H)(2) of that section, 142
the judge, magistrate, or mayor may impose a new suspension of 143
the person's license, permit, or nonresident operating privilege, 144
notwithstanding the termination of the suspension imposed under 145
division (E) or (F) of section 4511.191 of the Revised Code, if 146
the judge, magistrate, or mayor determines that the person's 147
continued driving will be a threat to public safety. 149
(2) If a person is arrested as described in division (A) 151
of this section and if the person's driver's or commercial 152
driver's license or permit or nonresident operating privilege has 153
not been suspended under division (E) or (F) of section 4511.191 154
of the Revised Code in relation to that arrest, the judge, 155
magistrate, or mayor may impose a suspension of the person's 157
license, permit, or nonresident operating privilege if the judge, 158
referee MAGISTRATE, or mayor determines that the person's 159
continued driving will be a threat to public safety.
(C) A suspension of a person's driver's or commercial 161
driver's license or permit or nonresident operating privilege 162
under division (B)(1) or (2) of this section shall continue until 163
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the complaint on the charge resulting from the arrest is 166
adjudicated on the merits. A court that imposes a suspension 167
under division (B)(2) of this section shall send the person's 168
driver's license or permit to the registrar OF MOTOR VEHICLES. 169
If the court possesses the driver's or commercial driver's 170
license or permit of a person in the category described in 171
division (B)(2) of this section and the court does not impose a 172
suspension under division (B)(2) of this section, the court shall 173
return the license or permit to the person if the license or 174
permit has not otherwise been suspended or revoked.
Any time during which the person serves a suspension of the 176
person's driver's or commercial driver's license or permit or 178
nonresident operating privilege that is imposed pursuant to 179
division (B)(1) or (2) of this section shall be credited against 180
any judicial suspension of the person's license, permit, or 181
nonresident operating privilege that is imposed pursuant to 182
division (B) of section 4507.16 of the Revised Code. 183
(D) IF A PERSON IS ARRESTED AND CHARGED WITH A VIOLATION 186
OF SECTION 2903.06 OR 2903.08 OF THE REVISED CODE OR A VIOLATION 189
OF SECTION 2903.07 OF THE REVISED CODE THAT IS A FELONY OFFENSE, 191
THE JUDGE AT THE PERSON'S INITIAL APPEARANCE, PRELIMINARY 192
HEARING, OR ARRAIGNMENT MAY SUSPEND THE PERSON'S DRIVER'S OR 193
COMMERCIAL DRIVER'S LICENSE OR PERMIT OR NONRESIDENT OPERATING 194
PRIVILEGE IF THE JUDGE DETERMINES AT ANY OF THOSE PROCEEDINGS 195
THAT THE PERSON'S CONTINUED DRIVING WILL BE A THREAT TO PUBLIC 196
SAFETY. 197
THE SUSPENSION THAT MAY BE IMPOSED PURSUANT TO THIS 199
DIVISION SHALL CONTINUE UNTIL THE INDICTMENT OR INFORMATION 200
ALLEGING THE VIOLATION SPECIFIED IN THIS DIVISION IS ADJUDICATED 201
ON THE MERITS. A COURT THAT IMPOSES A SUSPENSION UNDER THIS 202
DIVISION SHALL SEND THE PERSON'S DRIVER'S OR COMMERCIAL DRIVER'S 203
LICENSE OR PERMIT TO THE REGISTRAR. 204
Section 2. That existing sections 2903.07 and 4511.196 of 206
the Revised Code are hereby repealed. 207
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Section 3. Section 2903.07 of the Revised Code is 209
presented in this act as a composite of the section as amended by 210
both Am. Sub. S.B. 239 and Am. Sub. S.B. 269 of the 121st General 211
Assembly, with the new language of neither of the acts shown in 213
capital letters. This is in recognition of the principle stated 214
in division (B) of section 1.52 of the Revised Code that such 215
amendments are to be harmonized where not substantively 216
irreconcilable and constitutes a legislative finding that such is 217
the resulting version in effect prior to the effective date of 218
this act.