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Sub. H. B. No. 50As Reported by the Senate Judiciary--Criminal Justice CommitteeAs Reported by the Senate Judiciary--Criminal Justice Committee
125th General Assembly | Regular Session | 2003-2004 |
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REPRESENTATIVES Hughes, Latta, Flowers, J. Stewart, Gilb, McGregor, DePiero, Redfern, Allen, Seaver, Schaffer, Barrett, Young, Schmidt, Grendell, Mason, S. Smith, Brown, Jerse, Oelslager, D. Evans, Beatty, Book, Calvert, Carmichael, Cates, Chandler, Cirelli, Clancy, Daniels, DeBose, Distel, Fessler, Harwood, Hollister, Hoops, Jolivette, Kilbane, Niehaus, Olman, Otterman, S. Patton, T. Patton, Perry, Price, Reidelbach, Schlichter, Schneider, Sferra, G. Smith, D. Stewart, Strahorn, Wagner, Walcher, Webster, Widener, Wilson, Wolpert
A BILL
To amend sections 2903.06, 2903.08, 4507.16, and 4549.99 of the Revised Code to
increase the penalty for failure to stop after an
accident if the violation caused the death of a
person, to modify the offenses of aggravated vehicular homicide and aggravated vehicular assault, and to amend the versions of sections 2903.06, 2903.08,
4549.02, and 4549.021 of the Revised Code that are
scheduled to take effect January 1, 2004, to
continue the provisions of this act on and after
that effective date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2903.06, 2903.08, 4507.16, and 4549.99 of the Revised Code be
amended to read as follows:
Sec. 2903.06. (A) No person, while operating or
participating in the operation of a motor vehicle, motorcycle,
snowmobile, locomotive, watercraft, or aircraft, shall
cause the
death of another or the unlawful termination of another's
pregnancy
in any of the following ways: (1)(a) As the proximate result of committing a violation of
division
(A) of section 4511.19 of the Revised Code or of a
substantially
equivalent municipal ordinance;
(b) As the proximate result of committing a violation of
division (A) of section 1547.11 of the Revised Code or of a
substantially equivalent municipal ordinance;
(c) As the proximate result of committing a violation of
division (A)(3) of section 4561.15 of the Revised Code or of a
substantially equivalent municipal ordinance. (4) As the proximate result of committing a violation of any
provision of any section contained in Title XLV of the Revised
Code that is
a minor misdemeanor or of a municipal ordinance that,
regardless of the
penalty
set by ordinance for the violation, is
substantially equivalent to any
provision of any section contained
in Title XLV of the Revised Code that is
a minor
misdemeanor. (B)(1) Whoever violates division (A)(1) or (2) of
this
section is guilty of aggravated
vehicular homicide and shall be
punished as provided in
divisions
(B)(1)(a)(2) and
(b)(3) of this
section. (2)(a) Except as otherwise provided in this
division,
aggravated
vehicular homicide committed in violation of
division
(A)(1) of this
section is a felony of the second degree.
Aggravated vehicular homicide committed in violation of division
(A)(1) of this section is a
felony of the first degree if, at any of the following apply: (i) At the
time of the offense,
the offender was
driving under a suspension
imposed under
Chapter 4507. or any other
provision of the Revised
Code
or if
the. (ii) The offender previously has been convicted of or
pleaded
guilty
to a violation of this section;. (iii) The offender previously has been convicted of or pleaded
guilty to any traffic-related
homicide, manslaughter, or
assault
offense;. (iv) The offender previously has been convicted of or pleaded
guilty to
three or more prior violations
of section 4511.19 of the Revised
Code or
of a substantially
equivalent municipal ordinance within
the previous six
years; or.
(v) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A) of section 1547.11 of the Revised Code or of a substantially equivalent municipal ordinance within the previous six years.
(vi) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A)(3) of section 4561.15 of the Revised Code or of a substantially equivalent municipal ordinance within the previous six years.
(vii) The offender previously has been convicted of or pleaded guilty to three or more violations of any combination of the offenses listed in division (B)(2)(a)(iv), (v), or (vi) of this section. (viii) The offender previously has been convicted of or pleaded
guilty to a
second or subsequent felony violation of
division (A)
of section
4511.19 of the Revised Code. (b) In addition to any other sanctions imposed
pursuant to
division (B)(2)(a) of this section for aggravated vehicular homicide committed in violation of division (A)(1) of this section, the court shall
permanently revoke
the offender's driver's license, commercial
driver's
license,
temporary
instruction permit, probationary
license, or nonresident
operating privilege
pursuant to section
4507.16 of the Revised
Code. (b)(3) Except as otherwise provided in this division,
aggravated
vehicular homicide committed in violation of division
(A)(2) of
this section is a felony of the third degree.
Aggravated
vehicular homicide
committed in violation
of division
(A)(2) of
this section is a felony of the second
degree if, at the
time of
the offense, the offender was driving under a
suspension
imposed
under Chapter 4507. of the Revised Code or any other
provision
of
the Revised Code or if the offender previously has
been convicted
of or pleaded guilty to
a
violation of this section
or any
traffic-related homicide, manslaughter, or
assault
offense.
In addition to any other sanctions imposed
pursuant to this
division, the court shall
suspend the offender's driver's license,
commercial driver's
license,
temporary
instruction permit,
probationary license, or
nonresident operating privilege
for a
definite period of three
years to life pursuant to section 4507.16
of the Revised Code. (2)(C) Whoever violates division (A)(3) of this section is
guilty of
vehicular homicide. Except as otherwise provided in
this division,
vehicular homicide is a misdemeanor of the first
degree.
Vehicular homicide is a felony of the fourth degree if,
at the
time of the offense, the offender was driving under a
suspension
or revocation imposed under Chapter 4507. or any other
provision of the Revised Code
or if the
offender
previously has
been convicted of or pleaded guilty to a violation of this
section
or any traffic-related homicide, manslaughter, or assault
offense.
In addition to any other sanctions imposed
pursuant to this
division, the court shall
suspend the offender's driver's license,
commercial driver's
license,
temporary
instruction permit,
probationary license, or
nonresident operating privilege
for a
definite period of one to
five years pursuant to section 4507.16
of the Revised Code
or, if
the offender previously has been
convicted of or pleaded
guilty to
a violation of this section or
any traffic-related
homicide,
manslaughter, or assault offense,
for a definite period of two to
ten years pursuant to that
section. (3)(D) Whoever violates division (A)(4) of this section is
guilty of
vehicular manslaughter. Except as otherwise provided in
this division,
vehicular manslaughter is a misdemeanor of the
second
degree. Vehicular manslaughter is a misdemeanor of the
first
degree if, at the time of the offense, the offender was
driving
under a suspension imposed under Chapter 4507. of the
Revised Code
or if the offender previously has been convicted of
or pleaded guilty to a
violation of this section or any
traffic-related homicide, manslaughter, or
assault offense.
In addition to any other sanctions imposed
pursuant to this
division, the court shall
suspend the offender's driver's license,
commercial driver's
license,
temporary
instruction permit,
probationary license, or
nonresident operating privilege
for a
definite period of three
months to two years pursuant to section
4507.16
of the Revised
Code
or, if the offender previously has
been convicted of or
pleaded guilty to a
violation of this
section
or any
traffic-related homicide, manslaughter, or assault
offense,
for a
definite period of one to five years pursuant to that
section. (C)(E) The court shall impose a mandatory prison term on an
offender who
is convicted of or pleads guilty to a violation of
division (A)(1)
of this section. The court shall impose a
mandatory prison term on an
offender who is convicted of or pleads
guilty to a
violation of division (A)(2) or (3) of this section if
either of
the following applies:
(1) The
offender previously has been convicted of or
pleaded
guilty to a violation of this section or section
2903.08 of the
Revised
Code. (2) At the time of the offense, the
offender was driving
under suspension under Chapter
4507. of the
Revised
Code. (D)(F)(1) As used in this section:
(a)
"Mandatory prison term" has the same
meaning as in
section 2929.01 of the Revised Code. (b)
"Traffic-related homicide,
manslaughter, or assault
offense"
means a violation of section 2903.04 of the Revised Code
in
circumstances in which division (D) of that section applies, a
violation of section 2903.06 or 2903.08 of the Revised Code, or a
violation of section 2903.06, 2903.07, or 2903.08 of the Revised
Code as they existed prior
to the effective date of this
amendment March 23, 2000. (2) For the purposes of this section, when a penalty or
suspension is enhanced because of a prior or current violation of
a specified law or a prior or current specified offense, the
reference to the violation of the specified law or the specified
offense includes any violation of any substantially equivalent
municipal ordinance, former law of this state, or current or
former law of another state or the United States.
Sec. 2903.08. (A) No person, while operating or
participating in the operation of a motor vehicle, motorcycle,
snowmobile, locomotive, watercraft, or aircraft, shall
cause
serious physical harm to another person or another's unborn
in
either of the following ways: (1)(a) As the proximate result of committing a violation of
division
(A) of section 4511.19 of the Revised Code or of a
substantially
equivalent municipal ordinance;
(b) As the proximate result of committing a violation of
division (A) of section 1547.11 of the Revised Code or of a
substantially equivalent municipal ordinance;
(c) As the proximate result of committing a violation of
division (A)(3) of section 4561.15 of the Revised Code or of a
substantially equivalent municipal ordinance. (B)(1) Whoever violates division (A)(1) of this
section is
guilty of aggravated
vehicular assault. Except as otherwise
provided in this
division, aggravated vehicular assault is a
felony of the
third degree.
Aggravated vehicular assault is a
felony of the second degree if,
at any of the following apply: (a) At the time of the offense,
the offender was driving under a suspension
imposed under
Chapter 4507. or any other provision of the Revised Code
or if
the. (b) The offender previously has been convicted of or
pleaded
guilty to a violation of this
section;. (c) The offender previously has been convicted of or pleaded
guilty to
any traffic-related homicide, manslaughter, or assault
offense;. (d) The offender previously has been convicted of or pleaded
guilty to
three or more prior violations of section 4511.19 of the Revised
Code or a
substantially equivalent municipal ordinance within the
previous
six years; or. (e) The offender previously has been convicted of or pleaded
guilty to three or more prior violations of division (A) of section
1547.11 of the Revised Code or of a substantially equivalent
municipal ordinance within the previous six years.
(f) The offender previously has been convicted of or
pleaded guilty to three or more prior violations of division (A)(3) of
section 4561.15 of the Revised Code or of a substantially
equivalent municipal ordinance within the previous six years.
(g) The offender previously has been convicted of or
pleaded guilty to three or more prior violations of any combination of the offenses listed
in division (B)(1)(d), (e), or (f) of this section.
(h) The offender previously has been convicted of or
pleaded guilty to a second or subsequent felony violation of
division (A)
of section 4511.19 of the Revised Code. (2) In addition to any other sanctions imposed
pursuant to
division (B)(1) of this section, the court shall
suspend the
offender's driver's license,
commercial driver's license,
temporary instruction permit, probationary
license, or nonresident
operating privilege
for a definite period of two to ten years
pursuant to section 4507.16 of the Revised Code or,
if the
offender
previously has been convicted of or pleaded guilty to a
violation of this
section or any traffic-related homicide,
manslaughter, or assault
offense, for a definite period of three
years to life pursuant to that
section. (2)(C) Whoever violates division (A)(2) of this section is
guilty of
vehicular assault. Except as otherwise provided in this
division, vehicular
assault is a felony of the fourth degree.
Vehicular assault is a felony of the third degree if, at the time
of the offense, the offender was driving under a suspension
imposed under Chapter 4507. of the Revised Code or if the offender
previously has been convicted of or pleaded guilty to a violation
of this section or any traffic-related homicide, manslaughter, or
assault offense.
In addition to any other sanctions imposed, the court shall
suspend the offender's driver's license,
commercial driver's
license, temporary instruction permit, probationary
license, or
nonresident operating privilege
for a definite period of one to
five years pursuant to section 4507.16 of the
Revised Code
or, if
the offender
previously has been convicted of or pleaded guilty to
a violation of this
section or any traffic-related homicide,
manslaughter, or assault
offense, for a definite period of two to
ten years pursuant to that
section. (C)(D) The court shall impose a mandatory prison term on an
offender who
is convicted of or pleads guilty to a violation of
division (A)(1)
of this section. The court shall impose a
mandatory prison term on an
offender who is convicted of or pleads
guilty to a
violation of division (A)(2) of this section if either
of the
following applies:
(1) The
offender previously has been convicted of or
pleaded
guilty to a violation of this section or section
2903.06 of the
Revised
Code. (2) At the time of the offense, the
offender was driving
under suspension under Chapter
4507. or any other provision of the
Revised Code. (D)(E) As used in this section:
(1) "Mandatory prison term" has the same
meaning as in
section 2929.01 of the Revised Code. (2) "Traffic-related homicide, manslaughter, or assault
offense"
has the same meaning as in section 2903.06 of the Revised
Code. (E)(F) For the purposes of this section, when a penalty or
suspension is enhanced because of a prior or current violation of
a
specified law or a prior or current specified offense, the
reference to
the violation of the specified law or the specified
offense
includes any violation of any substantially equivalent
municipal
ordinance, former law of this state, or current or
former law of
another state or the United States.
Sec. 4507.16. (A)(1) The trial judge of any court of
record,
in addition to or independent of all other penalties
provided by
law or by ordinance, shall suspend for not less than
thirty days
or more than three years or shall revoke the driver's
or commercial
driver's license or permit or nonresident operating
privilege of
any person who is convicted of or pleads guilty to
any of the
following: (a) Perjury or the making of a false affidavit under this
chapter, or any other law of this state requiring the
registration
of motor vehicles or regulating their operation on
the highway; (b) Any crime punishable as a felony under the motor
vehicle
laws of this state or any other felony in the commission
of which
a motor vehicle is used; (c) Failing to stop and disclose identity at the scene of
the accident when required by law or ordinance to do so; (d) Street racing as defined in section
4511.251 of the
Revised Code or any substantially similar
municipal ordinance; (e) Willfully eluding or fleeing a police officer; (f) Trafficking in cigarettes with the intent to avoid
payment of the cigarette tax under division (A) of section
5743.112 of the Revised Code. (2) Subject to division (D)(1) of this
section, the trial
judge of any court of record, in addition to or independent
of all
other penalties provided by law or by ordinance, shall suspend the
driver's or commercial driver's license or permit or nonresident
operating
privilege of any person
who is convicted of or pleads
guilty to a violation of section 2903.06 or
2903.08 of
the Revised
Code. The suspension
shall be for the period of time specified in
section 2903.06 or 2903.08 of the
Revised Code,
whichever is
applicable. (3) If a person is convicted of or pleads guilty to a
violation of
section
2907.24 of the Revised Code, an attempt to
commit a violation of that
section, or a violation of or an
attempt to commit a violation of a municipal
ordinance that is
substantially equivalent to that section and if the person,
in
committing or attempting to commit the violation, was in, was on,
or used a
motor vehicle, the trial judge of a court of record, in
addition to or
independent of all other penalties provided by law
or ordinance, shall suspend
for thirty days the person's driver's
or commercial driver's license or
permit. The trial judge of any court of record, in addition to
suspensions or revocations of licenses, permits, or privileges
pursuant to this division and in addition to or independent of
all
other penalties provided by law or by ordinance, shall impose
a
suspended jail sentence not to exceed six months, if
imprisonment
was not imposed for the offense for which the person
was
convicted. (4) If the trial judge of any court of record
suspends or
revokes the driver's or commercial driver's license or permit or
nonresident operating privilege of a person who is convicted of or
pleads
guilty to any offense for which such suspension or
revocation is provided by
law or ordinance, in addition to all
other penalties provided by law or
ordinance, the judge may issue
an order prohibiting the offender from
registering, renewing, or
transferring the registration of any vehicle during
the period
that the offender's license, permit, or privilege is suspended or
revoked. The court promptly shall send a copy of the order to the
registrar
of motor vehicles. Upon receipt of such an order, neither the registrar nor any
deputy
registrar shall accept any application for the
registration, registration
renewal, or transfer of registration of
any motor vehicle owned or leased by
the person named in the order
during the period that the person's license,
permit, or privilege
is suspended or revoked, unless the registrar is properly
notified
by the court that the order of suspension or revocation has been
canceled. When the period of suspension or revocation expires or
the order is
canceled, the registrar or deputy registrar shall
accept the application for
registration, registration renewal, or
transfer of registration of the person
named in the order. (B) Except as otherwise provided in this section, the
trial
judge of any court of record and the mayor of a mayor's
court, in
addition to or independent of all other penalties
provided by law
or by ordinance, shall revoke the driver's or
commercial driver's
license or permit or nonresident operating
privilege of any person
who is convicted of or pleads guilty to a
violation of division
(A) of section 4511.19 of the Revised Code,
of a municipal
ordinance relating to operating a vehicle while
under the
influence of alcohol, a drug of abuse, or alcohol and a
drug of
abuse, or of a municipal ordinance that is substantially
equivalent to division (A) of section 4511.19 of the Revised Code
relating to operating a vehicle with a prohibited concentration
of
alcohol in the blood, breath, or urine or suspend the license,
permit, or privilege as follows: (1) Except when division (B)(2), (3), or (4) of this
section
applies and the judge or mayor is required to suspend or revoke
the
offender's license or permit pursuant to that division, the
judge or mayor
shall suspend the offender's
driver's or commercial
driver's license or permit or nonresident
operating privilege for
not less than six months nor more than
three years. (2) Subject to division (B)(4) of this section, if, within
six years of the
offense, the offender has
been convicted of or
pleaded guilty to one violation of division
(A) or (B) of section
4511.19 of the Revised Code, a municipal
ordinance relating to
operating a vehicle while under the
influence of alcohol, a drug
of abuse, or alcohol and a drug of
abuse, a municipal ordinance
relating to operating a motor
vehicle with a prohibited
concentration of alcohol in the blood,
breath, or urine, 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 2903.06 or
2903.08 of the Revised Code, former
section 2903.07 of the Revised Code,
or a municipal ordinance that
is
substantially similar to former section 2903.07 of the Revised
Code in
a
case in which the jury or judge found that the offender
was under
the influence of alcohol, a drug of abuse, or alcohol
and a drug
of abuse, or a statute of the United States or of any
other state or a municipal ordinance of a municipal
corporation
located in any other state that is substantially similar to
division (A) or (B) of section 4511.19 of the Revised Code,
the
judge shall suspend the offender's driver's or
commercial driver's
license or permit or nonresident operating
privilege for not less
than one year nor more than five years. (3) Subject to division (B)(4) of this section, if, within
six years of the
offense, the offender has been convicted of or
pleaded guilty to two
violations described in division (B)(2) of
this section, or a statute of
the United States or of any other
state or a
municipal ordinance of a municipal
corporation located
in any other state that is substantially similar to
division (A)
or (B) of section 4511.19 of the Revised Code,
the judge shall
suspend the offender's driver's or
commercial driver's license or
permit or nonresident operating
privilege for not less than one
year nor more than ten years. (4) If, within six years of the offense, the offender has
been convicted of or pleaded guilty to three or more violations
described in division (B)(2) of this section, a
statute of the
United States or of any other state or
a municipal ordinance of a
municipal corporation located in any other state
that is
substantially similar to division (A) or (B) of section 4511.19 of
the
Revised Code,
or if the offender previously has been convicted
of or pleaded guilty to a
violation of division (A) of section
4511.19 of the Revised Code under
circumstances in which the
violation was a felony and regardless of when the
violation and
the conviction or guilty plea occurred, the judge shall suspend
the offender's driver's or
commercial driver's license or permit
or nonresident operating
privilege for a period of time set by the
court but not less than
three years, and the judge may permanently
revoke the offender's
driver's or commercial driver's license or
permit or nonresident
operating privilege. (5) The filing of an appeal by a person whose driver's or
commercial driver's license is suspended or revoked under
division
(B)(1), (2), (3), or (4) of this section regarding any
aspect of
the person's trial or sentence does not stay the
operation of
the
suspension or revocation. (C) The trial judge of any court of record or the mayor of
a
mayor's court, in addition to or independent of all other
penalties provided by law or by ordinance, may suspend the
driver's or commercial driver's license or permit or nonresident
operating privilege of any person who violates a requirement or
prohibition of the court imposed under division (F) of this
section or division (G)(1) of section 2951.02 of the
Revised Code
as follows: (1) For not more than one year, upon conviction for a
first
violation of the requirement or prohibition; (2) For not more than five years, upon conviction for a
second or subsequent violation of the requirement or prohibition
during the same period of required use of an ignition interlock
device that is certified pursuant to section 4511.83 of the
Revised Code. (D)(1) The trial judge of any court of record, in addition
to or independent of all other penalties provided by law or by
ordinance, shall permanently revoke the driver's or commercial
driver's license or permit or nonresident operating privilege of
any person who is convicted of or pleads guilty to a violation of
section 2903.04 or 2903.06 of the Revised Code in a case in
which
division (D) of
section 2903.04 or division
(B)(D)
of section
2903.06
of
the Revised Code requires the judge
to permanently
revoke the
license, permit, or privilege. (2) In addition to any prison term authorized or required by
the section
that
establishes the offense and sections 2929.13 and
2929.14 of the
Revised Code, and in addition to any other sanction
imposed
for the offense under the section that establishes the
offense or sections
2929.11 to 2929.182 of the Revised Code, the
court that
sentences an offender who is convicted of or pleads
guilty to a violation of
section 2925.02, 2925.03, 2925.04,
2925.041, 2925.05, 2925.06, 2925.11, 2925.12,
2925.13, 2925.14,
2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 of
the
Revised Code either shall revoke or,
if it
does not revoke,
shall
suspend for not less than six months or more than five
years, as
specified in the section that establishes the
offense, the
person's driver's or
commercial driver's license or permit. If
the
person's driver's or commercial driver's license or permit is
under
suspension on the date the court imposes sentence upon the
person, any revocation imposed upon the person that is
referred to
in
division (D)(2) of this section shall take effect immediately.
If the person's driver's or commercial driver's license or permit
is
under suspension on the date the court imposes sentence upon
the
person, any period of suspension imposed upon the person that
is referred to in division (D)(2) of this section shall take
effect
on the next day immediately following the end of that
period of
suspension. If the person is sixteen years of age or
older and
is a resident of this state but does not have a current,
valid
Ohio driver's or commercial driver's license or permit, the
court shall
order the registrar to deny to the person the
issuance
of a driver's or commercial driver's license or permit
for six
months beginning on the date the court imposes a sentence
upon the
person. If the person has not attained the age of
sixteen years
on the date the court
sentences the person for the violation, the
period of denial shall
commence on the date
the person attains the
age of sixteen years. (E) Except as otherwise provided in this section, the
trial
judge of any court of record and the mayor of a mayor's
court, in
addition to or independent of all other penalties
provided by law
or ordinance, shall suspend for not less than
sixty days nor more
than two years the driver's or commercial
driver's license or
permit or nonresident operating privilege of
any person who is
convicted of or pleads guilty to a violation of
division (B) of
section 4511.19 of the Revised Code or of a
municipal ordinance
substantially equivalent to that division
relating to operating a
vehicle with a prohibited concentration
of alcohol in the blood,
breath, or urine. (F)(1) A person is not entitled to request, and a judge or
mayor
shall not grant to the person, occupational driving
privileges under
division (F) of this section if
a person's
driver's or commercial driver's license
or permit or nonresident
operating privilege has been suspended
pursuant to division (B) or
(C) of this section or pursuant to
division (F) of section
4511.191 of the Revised Code, and the
person, within the preceding
seven years, has been convicted of
or pleaded guilty to three or
more violations of one or
more of the following: (a) Division (A) or
(B) of section 4511.19 of the Revised
Code; (b) A municipal ordinance
relating to operating a vehicle
while under the influence of
alcohol, a drug of abuse, or alcohol
and a drug of abuse; (c) A
municipal ordinance relating to operating a vehicle
with a
prohibited concentration of alcohol in the blood, breath,
or
urine; (d) Section 2903.04 of the Revised Code in a case in which
the person was subject to the sanctions described in division (D)
of
that section; (e) Division (A)(1) of section 2903.06 or division
(A)(1) of
section 2903.08 of the Revised Code or a municipal ordinance
that
is substantially similar to either of those divisions; (f) Division (A)(2), (3), or (4) of section
2903.06,
division (A)(2) of section
2903.08, or former section 2903.07 of
the
Revised Code, or a municipal ordinance that is substantially
similar to any of those
divisions or that former
section, in a
case in which
the jury or judge found that the person was under
the influence
of alcohol, a drug of abuse, or alcohol and a drug
of abuse; (g) A statute of the United States or of any other state or
a
municipal ordinance of a municipal corporation located in any
other state that
is substantially similar to division (A) or (B)
of section 4511.19 of the
Revised Code. (2) Any other person who is not described in division
(F)(1)
of this section and whose driver's or commercial
driver's license
or nonresident operating privilege has been
suspended under any of
those divisions may file a petition that
alleges that the
suspension would seriously affect the person's
ability to continue
the person's employment. The petition
of a person
whose license,
permit, or privilege was suspended pursuant to
division (F) of
section 4511.191 of the Revised Code shall be
filed in the court
specified in division (I)(4) of that section,
and the petition of
a person whose license, permit, or privilege
was suspended under
division (B) or (C) of this section shall be
filed in the
municipal, county, mayor's, or in the case of a
minor, juvenile
court that has jurisdiction over the place of
arrest. Upon
satisfactory proof that there is reasonable cause
to believe that
the suspension would seriously affect the
person's ability to
continue the person's employment, the
judge of the
court or mayor
of the mayor's court may grant the person
occupational driving
privileges during the period during which
the suspension otherwise
would be imposed, except that the judge
or mayor shall not grant
occupational driving privileges for employment as
a driver of
commercial motor vehicles to any person who is
disqualified from
operating a commercial motor vehicle under
section 3123.611 or
4506.16 of the Revised Code or
whose commercial driver's license
or commercial driver's temporary intruction
instruction permit has been
suspended under section 3123.58 of the Revised Code, and shall not
grant
occupational driving privileges during any of the following
periods of time: (a) The first fifteen days of suspension imposed upon an
offender whose license, permit, or privilege is suspended
pursuant
to division (B)(1) of this section or division (F)(1) of
section
4511.191 of the Revised Code. On or after the sixteenth
day of
suspension, the court may grant the offender occupational
driving
privileges, but the court may provide that the offender
shall not
exercise the occupational driving privileges
unless the vehicles
the offender operates are equipped with
ignition interlock
devices. (b) The first thirty days of suspension imposed upon an
offender whose license, permit, or privilege is suspended
pursuant
to division (B)(2) of this section or division (F)(2) of
section
4511.191 of the Revised Code. On or after the
thirty-first day of
suspension, the court may grant the offender
occupational driving
privileges, but the court may provide that
the offender shall not
exercise the occupational driving
privileges unless the vehicles
the offender operates are
equipped with ignition interlock
devices. (c) The first one hundred eighty days of suspension
imposed
upon an offender whose license, permit, or privilege is
suspended
pursuant to division (B)(3) of this section or division
(F)(3) of
section 4511.191 of the Revised Code. The judge may
grant
occupational driving privileges to an offender who receives
a
suspension under either of those divisions on or
after the one
hundred
eighty-first day of the suspension only if division (F) of
this
section does not prohibit the judge from granting the
privileges
and only if the judge, at the time of granting the
privileges, also
issues an order prohibiting the offender, while
exercising
the occupational driving privileges during the period
commencing with
the one hundred eighty-first day of suspension and
ending with
the first year of suspension, from operating any motor
vehicle
unless it is equipped with a certified ignition interlock
device.
After the first year of the suspension, the court may
authorize
the offender to continue exercising the occupational
driving
privileges in vehicles that are not equipped with ignition
interlock devices. If the offender does not petition for
occupational driving privileges until after the first year of
suspension and if division (F) of this section does not prohibit
the judge from granting the privileges, the judge may grant the
offender occupational driving privileges without requiring the
use
of a certified ignition interlock device. (d) The first three years of suspension imposed upon an
offender whose license, permit, or privilege is suspended
pursuant
to division (B)(4) of this section or division (F)(4) of
section
4511.191 of the Revised Code. The judge may grant
occupational
driving privileges to an offender who receives a
suspension under
either of those divisions after
the first three years of
suspension only if division (F) of this section does not prohibit
the judge from granting the privileges and only if the judge, at
the time of granting the privileges, also issues an order
prohibiting the offender from operating any motor vehicle, for
the
period of suspension following the first three years of
suspension, unless the motor vehicle is equipped with a certified
ignition interlock device. (G) If a person's driver's or commercial driver's license
or
permit or nonresident operating privilege has been suspended
under
division (E) of this section, and the person, within the
preceding
seven years, has been convicted of or pleaded guilty to
three or
more violations identified in division (F)(1) of
this section,
the
person is not entitled to
request, and the judge or mayor shall
not grant to the person,
occupational driving privileges under
this division. Any other
person whose driver's or commercial
driver's license or
nonresident operating privilege has been
suspended under division (E) of this
section may file a petition
that alleges
that the suspension would seriously affect the
person's ability
to continue the person's employment. The
petition shall
be filed in
the municipal, county, or mayor's court
that has jurisdiction
over the place of arrest. Upon satisfactory
proof that there is
reasonable cause to believe that the
suspension would seriously
affect the person's ability to continue
the person's
employment, the judge
of the court or mayor of the
mayor's court may grant the person
occupational driving privileges
during the period during which
the suspension otherwise would be
imposed, except that the judge
or mayor shall not grant
occupational driving privileges for employment
as a driver of
commercial motor vehicles to any person who is
disqualified from
operating a commercial motor vehicle under
section 4506.16 of the
Revised Code, and shall not grant
occupational driving privileges
during the first sixty days of
suspension imposed upon an offender
whose driver's or commercial driver's
license or permit or
nonresident operating privilege is suspended
pursuant to division
(E) of this section. (H)(1) After a driver's or commercial driver's license or
permit has been suspended or
revoked pursuant to this section, the
judge of the court or mayor
of the mayor's court that suspended or
revoked the license or
permit shall cause the offender to deliver
the license
or permit to the court. The judge, mayor, or
clerk of
the court or mayor's court, if the license or permit has been
suspended or revoked in connection with any of the offenses
listed
in this section, forthwith shall forward it
to the registrar with
notice of the
action of the court. (2) Suspension of a commercial driver's license under this
section shall be concurrent with any period of disqualification
under section 3123.611 or 4506.16 of the Revised Code
or any
period of suspension under section 3123.58 of the Revised Code. No
person who
is
disqualified for life from holding a commercial
driver's license
under section 4506.16 of the Revised Code shall
be issued a
driver's license under this chapter during the period
for which
the commercial driver's license was suspended under this
section,
and no person whose commercial driver's license is
suspended
under this section shall be issued a driver's license
under this
chapter during the period of the suspension. (I) No judge shall suspend the first thirty days of
suspension of a driver's or commercial driver's license
or permit
or a nonresident operating privilege required
under division (A)
of this section, no judge or mayor shall
suspend the first six
months of suspension required under
division (B)(1) of this
section, no judge shall suspend the first
year of suspension
required under division (B)(2) of this
section, no judge shall
suspend the first year of suspension
required under division
(B)(3) of this section, no judge shall
suspend the first three
years of suspension required under
division (B)(4) of this
section, no judge or mayor shall suspend
the revocation required
by division (D) of this section,
and no judge or mayor shall
suspend the first sixty days of
suspension required under division
(E) of this section, except
that the court shall credit any period
of suspension imposed
pursuant to section 4511.191 or 4511.196 of
the Revised Code
against any time of suspension imposed pursuant
to division (B)
or (E) of this section as described in division
(J) of this section. (J) The judge of the court or mayor of the mayor's court
shall credit any time during which an offender was subject to an
administrative suspension of the offender's driver's or
commercial
driver's
license or permit or nonresident operating privilege
imposed
pursuant to division (E) or (F) of section 4511.191 or a
suspension imposed by a judge, referee, or mayor pursuant to
division (B)(1) or (2) of section 4511.196 of the Revised Code
against the time to be served under a related suspension imposed
pursuant to this section. (K) The judge or mayor shall notify the bureau of any
determinations made, and of any suspensions or revocations
imposed, pursuant to division (B) of this section. (L)(1) If a court issues an ignition interlock order under
division (F) of this section, the order shall authorize the
offender during the specified period to operate a motor vehicle
only if it is equipped with a certified ignition interlock
device.
The court shall provide the offender with a copy of an
ignition
interlock order issued under division (F) of this
section, and the
copy of the order shall be used by the offender
in lieu of an Ohio
driver's or commercial driver's license or
permit until the
registrar or a deputy registrar issues the
offender a restricted
license. An order issued under division (F) of this section does not
authorize or permit the offender to whom it has been issued to
operate a vehicle during any time that the offender's driver's or
commercial driver's license or permit is suspended or revoked
under any other provision of law. (2) The offender may present the ignition interlock order
to
the registrar or to a deputy registrar. Upon presentation of
the
order to the registrar or a deputy registrar, the registrar
or
deputy registrar shall issue the offender a restricted
license. A
restricted license issued under this division shall
be identical
to an Ohio driver's license, except that it shall
have printed on
its face a statement that the offender is
prohibited during the
period specified in the court order from
operating any motor
vehicle that is not equipped with a certified
ignition interlock
device, and except that the date of
commencement and the date of
termination of the period shall be
indicated conspicuously upon
the face of the license. (3) As used in this section: (a)
"Ignition interlock device" has the same meaning as in
section 4511.83 of the Revised Code. (b)
"Certified ignition interlock device" means an
ignition
interlock device that is certified pursuant to section
4511.83 of
the Revised Code.
Sec. 4549.99. (A) Whoever violates section 4549.01,
4549.10, 4549.11, or 4549.12 of the Revised Code is guilty of a
minor misdemeanor on a first offense and a misdemeanor of the
fourth
degree
on each subsequent offense. (B) Except as otherwise provided in this division,
whoever
violates section 4549.02,
4549.021, or 4549.03
of the Revised Code
is guilty of a misdemeanor of the first
degree. Whoever violates
section 4549.02 or 4549.021 of the
Revised Code when the accident
or collision that is the
basis of the violation results in serious
physical harm
or death to a person
is guilty
of a felony of the
fifth degree
and whoever violates those sections when the accident
or collision that is the basis of the violation results in the
death of a person is guilty of a felony of the third degree. (C) Whoever violates section 4549.042 or sections 4549.41
to
4549.46 of the Revised Code is guilty of a felony of the
fourth
degree on a first offense and a felony of the third degree on
each
subsequent offense. The prosecuting attorney of the proper
county, or the
attorney general by information or complaint, may
bring a criminal action
in the courts of common pleas of this
state, or in any other
court of competent jurisdiction, to enforce
the provisions of
sections 4549.41 to 4549.51 of the Revised Code.
The attorney
general and the prosecuting attorney of the county in
which a
person licensed or granted a permit under Chapter 4517. of
the
Revised Code is convicted of, or pleads guilty to, a violation
of
sections 4549.41 to 4549.46 of the Revised Code shall report
the
conviction or guilty plea to the registrar of motor vehicles
within five business days. (D) Whoever violates section 4549.08 of the Revised Code
is
guilty of a misdemeanor of the fourth degree on a first
offense
and
a misdemeanor of the third degree on each subsequent offense. (E) Whoever violates section 4549.18 or division (D)(4)(c)
of section 4549.62 of the Revised Code is guilty of a minor
misdemeanor. (F) Whoever violates division (A), (B), (C), or (D)(1) of
section 4549.62 of the Revised Code is guilty of a felony of the
fifth degree on a first offense and a felony of the
fourth
degree
on each subsequent offense.
Section 2. That existing sections 2903.06, 2903.08, 4507.16, and 4549.99 of the Revised Code
are hereby repealed.
Section 3. (A) The amendment by this act of section 4507.16 of the Revised Code has interim effect and does not supersede the earlier amendment, with delayed effective date, of the section by Am. Sub. S.B. 123 of the 124th General Assembly. (B) The amendment of section 4549.99 of the Revised
Code by this act is not intended to supersede the earlier repeal,
with delayed effective date, of that section by Am. Sub. S.B. 123
of the 124th General Assembly.
Section 4. That the versions of sections 2903.06, 2903.08, 4549.02, and 4549.021
of the Revised Code that are scheduled to take effect January 1,
2004, be amended to read as follows: Sec. 2903.06. (A) No person, while operating or
participating in the operation of a motor vehicle, motorcycle,
snowmobile, locomotive, watercraft, or aircraft, shall
cause the
death of another or the unlawful termination of another's
pregnancy
in any of the following ways: (1)(a) As the proximate result of committing a violation of
division
(A) of section 4511.19 of the Revised Code or of a
substantially
equivalent municipal ordinance;
(b) As the proximate result of committing a violation of division (A) of section 1547.11 of the Revised Code or of a substantially equivalent municipal ordinance;
(c) As the proximate result of committing a violation of division (A)(3) of section 4561.15 of the Revised Code or of a substantially equivalent municipal ordinance. (4) As the proximate result of committing a violation of any
provision of any section contained in Title XLV of the Revised
Code that is
a minor misdemeanor or of a municipal ordinance that,
regardless of the
penalty
set by ordinance for the violation, is
substantially equivalent to any
provision of any section contained
in Title XLV of the Revised Code that is
a minor
misdemeanor. (B)(1) Whoever violates division (A)(1) or (2) of
this
section is guilty of aggravated
vehicular homicide and shall be
punished as provided in
divisions (B)(1)(a)(2) and (b)(3) of this
section. (2)(a) Except as otherwise provided in this division,
aggravated
vehicular homicide committed in violation of division
(A)(1) of this
section is a felony of the second degree.
Aggravated vehicular homicide committed in violation of division
(A)(1) of this section is a
felony of the first degree if, at any of the following apply: (i) At the
time of the offense, the offender was
driving under a suspension
imposed under Chapter
4510.
or any other
provision of the
Revised
Code or if
the. (ii) The offender previously has been convicted of
or
pleaded guilty
to a violation of this section;. (iii) The offender previously has been convicted of or pleaded guilty to any
traffic-related
homicide, manslaughter, or
assault
offense;. (iv) The offender previously has been convicted of or pleaded guilty to
three or more
prior violations
of section 4511.19 of the Revised Code or
of a
substantially
equivalent municipal ordinance within the previous
six
years; or.
(v) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A) of section 1547.11 of the Revised Code or of a substantially equivalent municipal ordinance within the previous six years.
(vi) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A)(3) of section 4561.15 of the Revised Code or of a substantially equivalent municipal ordinance within the previous six years.
(vii) The offender previously has been convicted of or pleaded guilty to three or more violations of any combination of the offenses listed in division (B)(2)(a)(iv), (v), or (vi) of this section. (viii) The offender previously has been convicted of or pleaded guilty to a
second or subsequent felony violation of
division
(A) of section
4511.19 of the Revised Code.
(b) In addition to any other sanctions imposed pursuant to division (B)(2)(a) of this section for aggravated vehicular homicide committed in violation of division (A)(1) of this section, the court shall
impose upon the offender a class one
suspension
of the offender's
driver's license, commercial driver's
license,
temporary
instruction permit, probationary license, or nonresident
operating
privilege
as specified in division (A)(1) of
section
4510.02 of
the Revised Code. (b)(3) Except as otherwise provided in this division,
aggravated
vehicular homicide committed in violation of division
(A)(2) of
this section is a felony of the third degree.
Aggravated
vehicular homicide
committed in violation
of division
(A)(2) of
this section is a felony of the second
degree if, at the
time of
the offense, the offender was driving under a
suspension
imposed
under Chapter
4510. or any
other
provision
of the Revised Code
or if the offender previously
has
been convicted of or
pleaded
guilty to
a
violation of this
section
or any traffic-related
homicide, manslaughter, or
assault
offense.
In addition to any other sanctions imposed pursuant to this division, the court shall
impose upon the offender a class two suspension of the
offender's
driver's license, commercial driver's license,
temporary
instruction permit, probationary license, or nonresident
operating
privilege
from the
range specified in division (A)(2) of section
4510.02 of the Revised Code. (2)(C) Whoever violates division (A)(3) of this section is
guilty of
vehicular homicide. Except as otherwise provided in
this division,
vehicular homicide is a misdemeanor of the first
degree.
Vehicular homicide is a felony of the fourth degree if,
at the
time of the offense, the offender was driving under a
suspension
or revocation imposed under Chapter 4507. or any other
provision of the
Revised Code
or if the
offender
previously has
been convicted of or pleaded guilty to a violation of this
section
or any traffic-related homicide, manslaughter, or assault
offense.
In addition to any other sanctions imposed pursuant to this division, the court shall
impose upon the offender a class four suspension of the
offender's
driver's license, commercial driver's license,
temporary
instruction permit, probationary license, or nonresident
operating
privilege
from the
range specified in division (A)(4) of section
4510.02 of the Revised Code
or, if the offender previously
has
been convicted of or pleaded
guilty to a violation of this
section
or any traffic-related
homicide, manslaughter, or assault
offense,
a
class three
suspension of the offender's driver's license,
commercial driver's license,
temporary instruction permit,
probationary license, or nonresident operating
privilege from the
range specified in division (A)(3) of
that section. (3)(D) Whoever violates division (A)(4) of this section is
guilty of
vehicular manslaughter. Except as otherwise provided in
this division,
vehicular manslaughter is a misdemeanor of the
second
degree. Vehicular manslaughter is a misdemeanor of the
first
degree if, at the time of the offense, the offender was
driving
under a suspension imposed under Chapter
4510.
or
any
other provision of the Revised Code
or if the offender
previously
has been convicted of or pleaded guilty to a
violation
of this
section or any traffic-related homicide, manslaughter, or
assault
offense.
In addition to any other sanctions imposed pursuant to this division, the court shall
impose upon the offender a class six suspension of the
offender's
driver's license, commercial driver's license,
temporary
instruction permit, probationary license, or nonresident
operating
privilege
from
the range specified in division (A)(6) of
section
4510.02
of the Revised Code
or, if the offender
previously has
been convicted of or pleaded guilty to a
violation
of this
section
or any traffic-related homicide, manslaughter, or
assault
offense,
a
class four suspension of the offender's driver's
license,
commercial driver's
license, temporary instruction
permit,
probationary license, or nonresident
operating privilege
from the
range specified in division (A)(4)
of
that section. (C)(E) The court shall impose a mandatory prison term on an
offender who
is convicted of or pleads guilty to a violation of
division (A)(1)
of this section. The court shall impose a
mandatory prison term on an
offender who is convicted of or pleads
guilty to a
violation of division (A)(2) or (3) of this section if
either of
the following applies:
(1) The
offender previously has been convicted of or
pleaded
guilty to a violation of this section or section
2903.08 of the
Revised
Code. (2) At the time of the offense, the
offender was driving
under suspension under Chapter
4510.
or any other provision
of
the
Revised
Code. (D)(F)(1) As used in this section:
(a)
"Mandatory prison term" has the same
meaning as in
section 2929.01 of the Revised Code. (b)
"Traffic-related homicide,
manslaughter, or assault
offense"
means a violation of section 2903.04 of the Revised Code
in
circumstances in which division (D) of that section applies, a
violation of section 2903.06 or 2903.08 of the Revised Code, or a
violation of section 2903.06, 2903.07, or 2903.08 of the Revised
Code as they
existed prior
to
March
23,
2000. (2) For the purposes of this section, when a penalty or
suspension is enhanced because of a prior or current violation of
a specified law or a prior or current specified offense, the
reference to the violation of the specified law or the specified
offense includes any violation of any substantially equivalent
municipal ordinance, former law of this state, or current or
former law of another state or the United States. Sec. 2903.08. (A) No person, while operating or
participating in the operation of a motor vehicle, motorcycle,
snowmobile, locomotive, watercraft, or aircraft, shall
cause
serious physical harm to another person or another's unborn
in
either of the following ways: (1)(a) As the proximate result of committing a violation of
division
(A) of section 4511.19 of the Revised Code or of a
substantially
equivalent municipal ordinance;
(b) As the proximate result of committing a violation of division (A) of section 1547.11 of the Revised Code or of a substantially equivalent municipal ordinance;
(c) As the proximate result of committing a violation of division (A)(3) of section 4561.15 of the Revised Code or of a substantially equivalent municipal ordinance. (B)(1) Whoever violates division (A)(1) of this
section is
guilty of aggravated
vehicular assault. Except as otherwise
provided in this
division, aggravated vehicular assault is a
felony of the
third degree.
Aggravated vehicular assault is a
felony of the second degree if,
at any of the following apply: (a) At the time of the offense, the offender was driving under a suspension
imposed under Chapter
4510. or any other provision of
the Revised Code or if
the. (b) The offender previously has been convicted of or
pleaded guilty to a
violation of this
section;. (c) The offender previously has been convicted of or pleaded guilty to
any traffic-related homicide,
manslaughter, or assault offense;. (d) The offender previously has been convicted of or pleaded guilty to
three or more prior violations of
section 4511.19 of the Revised Code or a
substantially equivalent
municipal ordinance within the previous
six years; or. (e) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A) of section 1547.11 of the Revised Code or of a substantially equivalent municipal ordinance within the previous six years.
(f) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A)(3) of section 4561.15 of the Revised Code or of a substantially equivalent municipal ordinance within the previous six years.
(g) The offender previously has been convicted of or pleaded guilty to three or more prior violations of any combination of the offenses listed in division (B)(1)(d), (e), or (f) of this section.
(h) The offender previously has been convicted of or pleaded guilty to a second or
subsequent felony violation of division (A)
of section 4511.19 of
the Revised Code. (2) In addition to any other sanctions imposed pursuant to division (B)(1) of this section, the court shall
impose upon the offender a class three suspension of the
offender's driver's license,
commercial driver's license,
temporary instruction permit, probationary
license, or nonresident
operating privilege
from the range
specified in division (A)(3)
of section
4510.02 of the Revised Code or,
if the offender
previously
has been convicted of or pleaded guilty to a violation
of this
section or any traffic-related homicide, manslaughter, or
assault
offense,
a class two suspension of the offender's
driver's license,
commercial
driver's license, temporary
instruction permit,
probationary license, or
nonresident operating
privilege from the
range specified in division
(A)(2) of that
section. (2)(C) Whoever violates division (A)(2) of this section is
guilty of
vehicular assault. Except as otherwise provided in this
division, vehicular
assault is a felony of the fourth degree.
Vehicular assault is a felony of the third degree if, at the time
of the offense, the offender was driving under a suspension
imposed under Chapter
4510.
or any other
provision of the
Revised
Code or if the offender
previously has been convicted of
or
pleaded guilty to a violation
of this section or any
traffic-related homicide, manslaughter, or
assault offense.
In addition to any other sanctions imposed, the court shall
impose upon the offender a class four suspension of
the
offender's
driver's license,
commercial driver's license,
temporary
instruction permit, probationary
license, or nonresident
operating
privilege
from the
range specified in division (A)(4) of section
4510.02 of the
Revised Code
or, if the offender
previously
has
been convicted of or pleaded guilty to a violation of this
section
or any traffic-related homicide, manslaughter, or assault
offense,
a
class three suspension of the offender's driver's license,
commercial driver's
license, temporary instruction permit,
probationary license, or nonresident
operating privilege from the
range specified in division (A)(3)
of that
section. (C)(D) The court shall impose a mandatory prison term on an
offender who
is convicted of or pleads guilty to a violation of
division (A)(1)
of this section. The court shall impose a
mandatory prison term on an
offender who is convicted of or pleads
guilty to a
violation of division (A)(2) of this section if either
of the
following applies:
(1) The
offender previously has been convicted of or
pleaded
guilty to a violation of this section or section
2903.06 of the
Revised
Code. (2) At the time of the offense, the
offender was driving
under suspension under Chapter
4510. or any other provision
of
the
Revised Code. (D)(E) As used in this section:
(1)
"Mandatory prison term" has the same
meaning as in
section 2929.01 of the Revised Code. (2)
"Traffic-related homicide, manslaughter, or assault
offense"
has the same meaning as in section 2903.06 of the Revised
Code. (E)(F) For the purposes of this section, when a penalty or
suspension is enhanced because of a prior or current violation of
a
specified law or a prior or current specified offense, the
reference to
the violation of the specified law or the specified
offense
includes any violation of any substantially equivalent
municipal
ordinance, former law of this state, or current or
former law of
another state or the United States.
Sec. 4549.02.
(A) In case of accident to or collision with
persons
or property
upon
any of the public roads or highways, due
to the driving or operation thereon
of
any motor vehicle, the
person
driving or operating
the motor vehicle,
having
knowledge
of
the accident or collision,
immediately
shall stop
the
driver's or operator's motor vehicle at the
scene of the
accident
or collision and shall remain at the
scene
of
the accident or
collision until
the
driver or
operator
has given
the driver's or
operator's name and
address and, if
the driver or operator is not
the owner, the
name and address
of the owner of
that motor
vehicle,
together with the
registered number of
that motor
vehicle, to any person
injured in
the
accident or collision or to
the operator,
occupant, owner, or attendant of any
motor vehicle
damaged in
the accident or collision,
or to any police officer at
the scene
of
the accident or
collision. In the event the injured person is unable to comprehend and
record the
information required to be given by this section, the
other driver involved in
the accident or collision
forthwith
shall notify the nearest
police authority concerning the
location
of the accident or collision, and
the driver's name,
address, and
the registered number of the
motor vehicle
the
driver was
operating,
and then remain at the scene of the accident
or
collision until a police
officer arrives, unless removed from
the
scene by an emergency vehicle
operated
by a political
subdivision
or an ambulance. If
the accident or collision is with an unoccupied or
unattended motor
vehicle, the operator
who collides
with
the
motor vehicle shall securely
attach the information
required to be
given in this section, in writing, to a
conspicuous
place in or on
the unoccupied or unattended
motor vehicle. (B)
Whoever violates division (A) of this section is
guilty
of failure to stop after an accident, a misdemeanor of the first
degree. If the violation results in serious physical harm
or
death to a
person, failure to stop after an accident is a felony
of the fifth degree.
If the violation results in the death of a
person, failure to stop after an accident is a felony of the third
degree.
The court, in addition to any other
penalties provided by
law, shall impose
upon the offender a class
five suspension of the
offender's driver's license,
commercial
driver's license,
temporary instruction permit, probationary
license, or nonresident
operating privilege from the range
specified in
division (A)(5) of
section 4510.02 of the Revised
Code. No judge shall suspend the
first six months of suspension of
an offender's license, permit,
or privilege required by this
division.
Sec. 4549.021.
(A) In case of accident or collision
resulting
in injury or damage to persons or property upon any
public or
private property other than public roads or highways,
due to the
driving or operation thereon of any motor vehicle, the
person
driving or operating
the motor vehicle, having
knowledge
of
the
accident or collision, shall stop, and, upon
request of
the
person injured or damaged, or any other person,
shall give
that
person
the driver's or operator's name
and address, and, if
the driver or operator is not the owner,
the
name and address of
the owner of
that motor vehicle,
together
with the registered
number of
that motor vehicle,
and, if
available, exhibit
the
driver's or operator's driver's
or
commercial driver's license. If the owner or person in charge of
the damaged property
is
not furnished such information, the driver of the motor
vehicle
involved in the accident or collision, within
twenty-four
hours
after
the accident or collision,
shall forward to
the
police
department of the city or village in which
the
accident or
collision occurred or if it occurred outside the
corporate limits
of a city or village to the sheriff of the
county
in which
the
accident or collision occurred the same
information required to be
given to the owner or person in
control
of
the damaged property
and give the date, time,
and
location
of the accident or
collision. If the accident or collision is with an unoccupied or
unattended motor vehicle, the operator
who collides
with
the
motor vehicle shall securely attach the information
required to
be
given in this section, in writing, to a conspicuous
place in
or on
the unoccupied or unattended motor vehicle. (B)
Whoever violates division (A) of this section is
guilty
of failure to stop after a nonpublic road accident, a misdemeanor
of
the first degree. If the violation results in serious physical
harm
or death
to a person, failure to stop after a nonpublic road
accident is a felony of
the fifth degree.
If the violation results
in the death of a person, failure to stop after a nonpublic road
accident is a felony of the third degree. The court, in addition
to any other penalties provided by
law, shall impose upon the
offender a class five suspension of the offender's
driver's
license, commercial driver's license, temporary instruction
permit,
probationary license, or nonresident operating privilege
from the range
specified in division (A)(5) of section 4510.02 of
the Revised Code. No judge shall suspend the first six months of
suspension of an offender's license, permit, or privilege required
by this division.
Section 5. That the existing versions of sections 2903.06, 2903.08, 4549.02, and
4549.021 of the Revised Code that are scheduled to take effect
January 1, 2004, are hereby repealed.
Section 6. Sections 4 and 5 of this act take effect January
1, 2004.
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