(b) As the proximate result of committing, while operating or | 31 |
participating in the operation of a motor vehicle or motorcycle in | 32 |
a construction zone, a reckless operation offense, provided that | 33 |
this division applies only if the person whose death is caused or | 34 |
whose pregnancy is unlawfully terminated is in the construction | 35 |
zone at the time of the offender's commission of the reckless | 36 |
operation offense in the construction zone and does not apply as | 37 |
described in division (F) of this section. | 38 |
(b) As the proximate result of committing, while operating or | 41 |
participating in the operation of a motor vehicle or motorcycle in | 42 |
a construction zone, a speeding offense, provided that this | 43 |
division applies only if the person whose death is caused or whose | 44 |
pregnancy is unlawfully terminated is in the construction zone at | 45 |
the time of the offender's commission of the speeding offense in | 46 |
the construction zone and does not apply as described in division | 47 |
(F) of this section. | 48 |
(i) At the
time of the offense, the offender was
driving | 69 |
under a suspension or cancellation
imposed under Chapter
4510.
or | 70 |
any other
provision of the
Revised
Code or was operating a motor | 71 |
vehicle or motorcycle, did not have a
valid driver's license, | 72 |
commercial driver's license, temporary
instruction permit, | 73 |
probationary license, or nonresident operating
privilege, and was | 74 |
not eligible for renewal of the offender's driver's license or | 75 |
commercial driver's license without examination under section | 76 |
4507.10 of the Revised Code. | 77 |
(d) In addition to any other sanctions imposed pursuant to | 120 |
division (B)(2)(a), (b), or (c) of this section for aggravated | 121 |
vehicular homicide committed in violation of division (A)(1) of | 122 |
this section, the court shall
impose upon the offender a class one | 123 |
suspension
of the offender's
driver's license, commercial driver's | 124 |
license,
temporary
instruction permit, probationary license, or | 125 |
nonresident
operating
privilege
as specified in division (A)(1) of | 126 |
section
4510.02 of
the Revised Code. | 127 |
(3) Except as otherwise provided in this division,
aggravated | 128 |
vehicular homicide committed in violation of division
(A)(2) of | 129 |
this section is a felony of the third degree.
Aggravated
vehicular | 130 |
homicide
committed in violation
of division
(A)(2) of
this section | 131 |
is a felony of the second
degree if, at the
time of
the offense, | 132 |
the offender was driving under a
suspension or cancellation | 133 |
imposed
under Chapter
4510. or any
other
provision
of the Revised | 134 |
Code or was operating a motor vehicle or motorcycle, did not have | 135 |
a valid driver's license, commercial
driver's license, temporary | 136 |
instruction permit, probationary
license, or nonresident | 137 |
operating privilege, and was not eligible for renewal of the | 138 |
offender's driver's license or commercial driver's license without | 139 |
examination under section 4507.10 of the Revised Code
or if the | 140 |
offender
previously
has
been convicted of or
pleaded
guilty to
a | 141 |
violation
of this
section
or any traffic-related
homicide, | 142 |
manslaughter, or
assault
offense. The court shall impose a | 143 |
mandatory prison term on
the offender when required by division | 144 |
(E) of this section. | 145 |
In addition to any other sanctions imposed pursuant to this | 146 |
division for a violation of division (A)(2) of this section, the | 147 |
court shall
impose upon the offender a class two suspension of the | 148 |
offender's
driver's license, commercial driver's license, | 149 |
temporary
instruction permit, probationary license, or nonresident | 150 |
operating
privilege
from the
range specified in division (A)(2) of | 151 |
section
4510.02 of the Revised Code or, if the offender previously | 152 |
has been convicted of or pleaded guilty to a traffic-related | 153 |
murder, felonious assault, or attempted murder offense, a class | 154 |
one suspension of the offender's driver's license, commercial | 155 |
driver's license, temporary instruction permit, probationary | 156 |
license, or nonresident operating privilege as specified in | 157 |
division (A)(1) of that section. | 158 |
(C) Whoever violates division (A)(3) of this section is | 159 |
guilty of
vehicular homicide. Except as otherwise provided in
this | 160 |
division,
vehicular homicide is a misdemeanor of the first
degree. | 161 |
Vehicular homicide committed in violation of division (A)(3) of | 162 |
this section is a felony of the fourth degree if,
at the
time of | 163 |
the offense, the offender was driving under a
suspension
or | 164 |
revocationcancellation imposed under Chapter 4507.4510. or any | 165 |
other
provision of the
Revised Code or was operating a motor | 166 |
vehicle or motorcycle, did not have a valid
driver's license, | 167 |
commercial driver's license, temporary
instruction permit, | 168 |
probationary license, or nonresident operating
privilege, and was | 169 |
not eligible for renewal of the offender's driver's license or | 170 |
commercial driver's license without examination under section | 171 |
4507.10 of the Revised Code
or if the
offender
previously has
been | 172 |
convicted of or
pleaded guilty to a violation of this
section
or | 173 |
any
traffic-related homicide, manslaughter, or assault
offense. | 174 |
The
court shall impose a mandatory jail term or a mandatory | 175 |
prison
term on the offender when required by division (E) of this | 176 |
section. | 177 |
In addition to any other sanctions imposed pursuant to this | 178 |
division, the court shall
impose upon the offender a class four | 179 |
suspension of the
offender's
driver's license, commercial driver's | 180 |
license,
temporary
instruction permit, probationary license, or | 181 |
nonresident
operating
privilege
from the
range specified in | 182 |
division (A)(4) of section
4510.02 of the Revised Code,
or, if the | 183 |
offender previously
has
been convicted of or pleaded
guilty to a | 184 |
violation of this
section
or any traffic-related
homicide, | 185 |
manslaughter, or assault
offense,
a
class three
suspension of the | 186 |
offender's driver's license,
commercial driver's license, | 187 |
temporary instruction permit,
probationary license, or nonresident | 188 |
operating
privilege from the
range specified in division (A)(3) of | 189 |
that section, or, if the offender previously has been convicted of | 190 |
or pleaded guilty to a traffic-related murder, felonious assault, | 191 |
or attempted murder offense, a class two suspension of the | 192 |
offender's driver's license, commercial driver's license, | 193 |
temporary instruction permit, probationary license, or nonresident | 194 |
operating privilege as specified in division (A)(2) of that | 195 |
section. | 196 |
(D) Whoever violates division (A)(4) of this section is | 197 |
guilty of
vehicular manslaughter. Except as otherwise provided in | 198 |
this division,
vehicular manslaughter is a misdemeanor of the | 199 |
second
degree. Vehicular manslaughter is a misdemeanor of the | 200 |
first
degree if, at the time of the offense, the offender was | 201 |
driving
under a suspension or cancellation imposed under Chapter
| 202 |
4510.
or
any
other provision of the Revised Code
or was operating | 203 |
a motor vehicle or motorcycle, did not have a valid driver's | 204 |
license, commercial driver's license,
temporary instruction | 205 |
permit, probationary license, or nonresident
operating privilege, | 206 |
and was not eligible for renewal of the offender's driver's | 207 |
license or commercial driver's license without examination under | 208 |
section 4507.10 of the Revised Code or if the offender
previously | 209 |
has been
convicted of or pleaded guilty to a
violation
of this | 210 |
section or
any traffic-related homicide, manslaughter, or
assault | 211 |
offense. | 212 |
In addition to any other sanctions imposed pursuant to this | 213 |
division, the court shall
impose upon the offender a class six | 214 |
suspension of the
offender's
driver's license, commercial driver's | 215 |
license,
temporary
instruction permit, probationary license, or | 216 |
nonresident
operating
privilege
from
the range specified in | 217 |
division (A)(6) of
section
4510.02
of the Revised Code
or, if the | 218 |
offender
previously has
been convicted of or pleaded guilty to a | 219 |
violation
of this
section, any traffic-related homicide, | 220 |
manslaughter, or
assault
offense,
or a traffic-related murder, | 221 |
felonious assault, or attempted murder offense, a
class four | 222 |
suspension of the offender's driver's
license,
commercial driver's | 223 |
license, temporary instruction
permit,
probationary license, or | 224 |
nonresident
operating privilege
from the
range specified in | 225 |
division (A)(4)
of
that section. | 226 |
(E) The court shall impose a mandatory prison term on an | 227 |
offender who
is convicted of or pleads guilty to a violation of | 228 |
division (A)(1)
of this section. If division (B)(2)(c)(i), (ii), | 229 |
(iii), (iv), (v), (vi), (vii), or (viii) of this section applies | 230 |
to an offender who is convicted of or pleads guilty to the | 231 |
violation of division (A)(1) of this section, the court shall | 232 |
impose the mandatory prison term pursuant to section 2929.142 of | 233 |
the Revised Code. The court shall impose a mandatory jail term of | 234 |
at least fifteen days on an offender who is convicted of or pleads | 235 |
guilty to a misdemeanor violation of division (A)(3)(b) of this | 236 |
section and may impose upon the offender a longer jail term as | 237 |
authorized pursuant to section 2929.24 of the Revised Code. The | 238 |
court shall impose a
mandatory prison term on an
offender who is | 239 |
convicted of or pleads
guilty to a
violation of division (A)(2) or | 240 |
(3)(a) of this section or a felony violation of division (A)(3)(b) | 241 |
of this section if
either of
the following applies: | 242 |
(2) At the time of the offense, the
offender was driving | 246 |
under suspension or cancellation under Chapter
4510.
or any other | 247 |
provision
of
the
Revised
Code or was operating a motor vehicle or | 248 |
motorcycle, did not have a valid
driver's license, commercial | 249 |
driver's license, temporary
instruction permit, probationary | 250 |
license, or nonresident operating
privilege, and was not eligible | 251 |
for renewal of the offender's driver's license or commercial | 252 |
driver's license without examination under section 4507.10 of the | 253 |
Revised Code. | 254 |
(F) Divisions (A)(2)(b) and (3)(b) of this section do not | 255 |
apply in a particular construction zone unless signs of the type | 256 |
described in section 2903.081 of the Revised Code are erected in | 257 |
that construction zone in accordance with the guidelines and | 258 |
design specifications established by the director of | 259 |
transportation under section 5501.27 of the Revised Code. The | 260 |
failure to erect signs of the type described in section 2903.081 | 261 |
of the Revised Code in a particular construction zone in | 262 |
accordance with those guidelines and design specifications does | 263 |
not limit or affect the application of division (A)(1), (A)(2)(a), | 264 |
(A)(3)(a), or (A)(4) of this section in that construction zone or | 265 |
the prosecution of any person who violates any of those divisions | 266 |
in that construction zone. | 267 |
(b)
"Traffic-related homicide,
manslaughter, or assault | 271 |
offense"
means a violation of section 2903.04 of the Revised Code | 272 |
in
circumstances in which division (D) of that section applies, a | 273 |
violation of section 2903.06 or 2903.08 of the Revised Code, or a | 274 |
violation of section 2903.06, 2903.07, or 2903.08 of the Revised | 275 |
Code as they
existed prior
to
March
23,
2000. | 276 |
(f) "Traffic-related murder, felonious assault, or attempted | 284 |
murder offense" means a violation of section 2903.01 or 2903.02 of | 285 |
the Revised Code in circumstances in which the offender used a | 286 |
motor vehicle as the means to commit the violation, a violation of | 287 |
division (A)(2) of section 2903.11 of the Revised Code in | 288 |
circumstances in which the deadly weapon used in the commission of | 289 |
the violation is a motor vehicle, or an attempt to commit | 290 |
aggravated murder or murder in violation of section 2923.02 of the | 291 |
Revised Code in circumstances in which the offender used a motor | 292 |
vehicle as the means to attempt to commit the aggravated murder or | 293 |
murder. | 294 |
(2) For the purposes of this section, when a penalty or | 297 |
suspension is enhanced because of a prior or current violation of | 298 |
a specified law or a prior or current specified offense, the | 299 |
reference to the violation of the specified law or the specified | 300 |
offense includes any violation of any substantially equivalent | 301 |
municipal ordinance, former law of this state, or current or | 302 |
former law of another state or the United States. | 303 |