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(123rd General Assembly)(House Bill Number 61)
AN ACT
To amend sections 2903.07 and 4511.196 of the Revised Code to provide that a
judge may impose a pretrial suspension of the driver's or
commercial driver's license of a person who is charged with the
offense of aggravated vehicular homicide, vehicular homicide
that is a felony, or aggravated vehicular assault
if the judge
determines that the person's continued driving will be a threat
to public safety, and to enhance the penalty
for vehicular homicide if the offender was under
license suspension or
revocation at the time of the offense.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 2903.07 and 4511.196 of the Revised Code be amended
to read as follows:
Sec. 2903.07. (A) No person, while operating or
participating in the operation of a motor vehicle, motorcycle,
snowmobile, locomotive, watercraft, or aircraft, shall
negligently cause the death of another or the unlawful termination of
another's pregnancy. (B) Whoever violates this section is guilty of vehicular
homicide, a misdemeanor of the first degree. If the offender
previously has been convicted of an offense under this section,
section 2903.06 or 2903.08 of the Revised Code, or section
2903.04 of the Revised Code in a case in which the offender was
subject to the sanctions described in division (D) of that
section, or if at the time of the commission of the offense the offender's
driver's or commercial driver's license
or permit or nonresident operating privilege was suspended or revoked pursuant
to any section of the Revised Code, vehicular homicide is a felony of the fourth
degree. If the jury or judge as trier of fact finds that the
offender was under the influence of alcohol, a drug of abuse, or
alcohol and a drug of abuse, at the time of the commission of the
offense, then the offender's driver's or commercial driver's
license or permit or nonresident operating privileges privilege
shall be permanently revoked pursuant to section 4507.16 of the Revised Code. When the trier of fact determines whether the offender was
under the influence of alcohol, a drug of abuse, or alcohol and a
drug of abuse, the concentration of alcohol in the offender's
blood, breath, or urine as shown by a chemical test taken
pursuant to section 1547.111 or 4511.191 of the Revised Code may
be considered as competent evidence, and the offender shall be
presumed to have been under the influence of alcohol if there was
at the time the bodily substance was withdrawn for the chemical
test a concentration of ten-hundredths of one per cent or more by
weight of alcohol in the offender's blood, ten-hundredths of one
gram or more by weight of alcohol per two hundred ten liters of
the offender's breath, or fourteen-hundredths of one gram or more by weight
of alcohol per one hundred milliliters of the offender's urine. (C) If the offender previously has been convicted of or
pleaded guilty to a violation of this section, section 2903.04 of
the Revised Code in a case in which the offender was subject to
the sanctions described in division (D) of that section, section
1547.11, 2903.06, 2903.08, 4511.19, or 4511.192 of the Revised
Code, division (B) or (D) of section 4507.02 of the Revised Code,
section 4507.38 or 4507.39 of the Revised Code as those sections
existed prior to September 24, 1986, a municipal ordinance that
is substantially similar to this section, section 2903.08,
4511.19, or 4511.192 of the Revised Code, a municipal ordinance
that is substantially similar to section 4507.38 or 4507.39 of
the Revised Code as those sections existed prior to September 24,
1986, or a municipal ordinance that is substantially similar to
section 2903.04 of the Revised Code in a case in which the
offender would have been subject to the sanctions described in
division (D) of that section had the offender been convicted of a violation
of that section, if the offender has accumulated twelve points
pursuant to section 4507.021 of the Revised Code within one year
of the offense, or if in the commission of the offense the
offender was driving under suspension or operating a motor
vehicle while under the influence of alcohol, a drug of abuse, or
alcohol and a drug of abuse, the offender shall be sentenced to a mandatory
prison term and shall not be eligible for a sentence to a community control
sanction, pursuant to section 2929.13 of the Revised Code, for judicial
release pursuant to section 2929.20 of the Revised Code, or for a reduction of
a stated prison term or a release pursuant to section 2967.193 of the Revised
Code or any other provision of Chapter 2967. or Chapter 5120. of the Revised
Code. (D) As used in this section, "mandatory prison term" and "community control
sanction" have the same meanings as in section 2929.01 of the Revised Code. Sec. 4511.196. (A) If a person is arrested for operating
a vehicle while under the influence of alcohol, a drug of abuse,
or alcohol and a drug of abuse or for operating a vehicle with a
prohibited concentration of alcohol in the blood, breath, or
urine and regardless of whether the person's driver's or
commercial driver's license or permit or nonresident operating
privilege is or is not suspended under division (E) or (F) of
section 4511.191 of the Revised Code, the person's initial
appearance on the charge resulting from the arrest shall be held
within five days of the person's arrest or the issuance of the
citation to the person. (B)(1) If a person is arrested as described in division
(A) of this section, if the person's driver's or commercial
driver's license or permit or nonresident operating privilege has
been suspended under division (E) or (F) of section 4511.191 of
the Revised Code in relation to that arrest, if the person
appeals the suspension in accordance with division (H)(1) of that
section, and if the judge, magistrate, or mayor terminates the suspension
in accordance with
division
(H)(2) of that section, the judge, magistrate, or mayor
may impose a new suspension of the person's
license, permit, or nonresident operating privilege,
notwithstanding the termination of the suspension imposed under
division (E) or (F) of section 4511.191 of the Revised Code, if
the judge, magistrate, or mayor determines that the person's continued
driving will be a threat to
public safety. (2) If a person is arrested as described in division (A)
of this section and if the person's driver's or commercial
driver's license or permit or nonresident operating privilege has
not been suspended under division (E) or (F) of section 4511.191
of the Revised Code in relation to that arrest, the judge,
magistrate, or mayor may impose a suspension of
the person's license, permit, or nonresident operating privilege
if the judge, referee magistrate, or mayor determines that the
person's continued driving will be a threat to public safety. (C) A suspension of a person's driver's or commercial
driver's license or permit or nonresident operating privilege
under division (B)(1) or (2) of this section shall continue until the
complaint
on the charge
resulting from the arrest is adjudicated on the merits. A court that imposes
a suspension under division (B)(2)
of this section shall send the person's driver's license or
permit to the registrar of motor vehicles. If the court possesses the
driver's or commercial driver's license or permit of a person in the category
described in division (B)(2) of this section and the court does
not impose a suspension under division (B)(2) of this section,
the court shall return the license or permit to the person if the license
or permit has not otherwise been suspended or revoked. Any time during which the person serves a suspension of the
person's
driver's or commercial driver's license or permit or nonresident
operating privilege that is imposed pursuant to division (B)(1)
or (2) of this section shall be credited against any judicial
suspension of the person's license, permit, or nonresident
operating privilege that is imposed pursuant to division (B) of section
4507.16 of the Revised Code. (D) If a
person is arrested and charged with a violation of section
2903.06 or 2903.08 of the
Revised
Code or a violation of section
2903.07 of the Revised
Code that is a felony offense,
the judge at the person's initial appearance, preliminary
hearing, or arraignment may suspend the person's driver's or
commercial driver's license or permit or nonresident operating
privilege if the judge determines at any of those proceedings
that the person's continued driving will be a threat to public
safety. The suspension that may be imposed pursuant to this
division shall continue until the indictment or information
alleging the violation specified in this division is adjudicated
on the merits. A court that imposes a suspension under this
division shall send the person's driver's or commercial driver's
license or permit to the registrar. SECTION 2 . That existing sections 2903.07 and 4511.196 of the Revised Code
are hereby repealed.
SECTION 3 . Section 2903.07 of the Revised Code is presented in this act
as a composite of the section as amended by both
Am. Sub. S.B. 239 and Am. Sub. S.B. 269 of the 121st General Assembly, with
the new language of
neither of the acts shown in capital letters. This is in
recognition of the principle stated in division (B) of section
1.52 of the Revised Code that such amendments are to be
harmonized where not substantively irreconcilable and constitutes
a legislative finding that such is the resulting version in
effect prior to the effective date of this act.
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