The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
Sub. H. B. No. 409 As Reported by the House Infrastructure, Homeland Security and Veterans Affairs CommitteeAs Reported by the House Infrastructure, Homeland Security and Veterans Affairs Committee
127th General Assembly | Regular Session | 2007-2008 |
| |
Representative Batchelder
Cosponsors:
Representatives Patton, Uecker, Wachtmann, Harwood, Combs, Brinkman, Setzer, Blessing, Collier, Hughes, Flowers, Stebelton, Aslanides, Fessler, Otterman, J., Reinhard, Widowfield
A BILL
To amend section 2903.06 and to enact section
4506.091 of the Revised Code to
require that
commercial driver's license tests be
given in
English and to
provide that the penalty
enhancement for
aggravated vehicular
homicide,
vehicular homicide,
and vehicular manslaughter
for
driving under a
license suspension and the
requirement for a
mandatory prison term in
certain cases of
aggravated vehicular
homicide
and vehicular
homicide for driving under
suspension also
apply
to driving under
cancellation and driving without
a
license.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2903.06 be amended and section
4506.091 of the Revised Code be
enacted 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.
(2) In one of the following ways:
(b) As the proximate result of committing, while operating or
participating in the operation of a motor vehicle or motorcycle in
a construction zone, a reckless operation offense, provided that
this division applies only if the person whose death is caused or
whose pregnancy is unlawfully terminated is in the construction
zone at the time of the offender's commission of the reckless
operation offense in the construction zone and does not apply as
described in division (F) of this section.
(3) In one of the following ways:
(b) As the proximate result of committing, while operating or
participating in the operation of a motor vehicle or motorcycle in
a construction zone, a speeding offense, provided that this
division applies only if the person whose death is caused or whose
pregnancy is unlawfully terminated is in the construction zone at
the time of the offender's commission of the speeding offense in
the construction zone and does not apply as described in division
(F) of this section.
(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)(2) and (3) of this
section.
(2)(a) Except as otherwise provided in division (B)(2)(b) or
(c) of this section,
aggravated
vehicular homicide committed in
violation of division
(A)(1) of this
section is a felony of the
second degree and the court shall impose a mandatory prison term
on the offender as described in division (E) of this section.
(b) Except as otherwise provided in division (B)(2)(c) of
this section, aggravated vehicular homicide committed in violation
of division
(A)(1) of this section is a
felony of the first
degree, and the court shall impose a mandatory prison term on the
offender as described in division (E) of this section, if any of
the following apply:
(i) At the
time of the offense, the offender was
driving
under a suspension or cancellation
imposed under Chapter
4510.
or
any other
provision of the
Revised
Code or was operating a motor
vehicle or motorcycle, did not have a
valid driver's license,
commercial driver's license, temporary
instruction permit,
probationary license, or nonresident operating
privilege, and was
not eligible for renewal of the offender's driver's license or
commercial driver's license without examination under section
4507.10 of the Revised Code.
(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.
(c) Aggravated vehicular homicide committed in violation of
division (A)(1) of this section is a felony of the first degree,
and the court shall sentence the offender to a mandatory prison
term as provided in section 2929.142 of the Revised Code and
described in division (E) of this section if any of the following
apply:
(i) 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.
(ii) 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.
(iii) 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.
(iv) The offender previously has been convicted of or pleaded
guilty to three or more prior violations of division (A)(1) of
this section within the previous six years.
(v) The offender previously has been convicted of or pleaded
guilty to three or more prior violations of division (A)(1) of
section 2903.08 of the Revised Code within the previous six years.
(vi) The offender previously has been convicted of or pleaded
guilty to three or more prior violations of section 2903.04 of the
Revised Code within the previous six years in circumstances in
which division (D) of that section applied regarding the
violations.
(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)(c)(i), (ii), (iii), (iv),
(v), or (vi) of this section within the previous six years.
(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.
(d) In addition to any other sanctions imposed pursuant to
division (B)(2)(a), (b), or (c) 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.
(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 or cancellation
imposed
under Chapter
4510. or any
other
provision
of the Revised
Code or was operating a motor vehicle or motorcycle, did not have
a valid driver's license, commercial
driver's license, temporary
instruction permit, probationary
license, or nonresident
operating privilege, and was not eligible for renewal of the
offender's driver's license or commercial driver's license without
examination under section 4507.10 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. The court shall impose a
mandatory prison term on
the offender when required by division
(E) of this section.
In addition to any other sanctions imposed pursuant to this
division for a violation of division (A)(2) of this section, 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 or, if the offender previously
has been convicted of or pleaded guilty to a traffic-related
murder, felonious assault, or attempted murder offense, 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 that section.
(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 committed in violation of division (A)(3) of
this section is a felony of the fourth degree if,
at the
time of
the offense, the offender was driving under a
suspension
or
revocation cancellation imposed under Chapter 4507. 4510. or any
other
provision of the
Revised Code or was operating a motor
vehicle or motorcycle, did not have a valid
driver's license,
commercial driver's license, temporary
instruction permit,
probationary license, or nonresident operating
privilege, and was
not eligible for renewal of the offender's driver's license or
commercial driver's license without examination under section
4507.10 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.
The
court shall impose a mandatory jail term or a mandatory
prison
term on the offender when required by division (E) of this
section.
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, or, if the offender previously has been convicted of
or pleaded guilty to a traffic-related murder, felonious assault,
or attempted murder 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 as specified in division (A)(2) of that
section.
(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 or cancellation imposed under Chapter
4510.
or
any
other provision of the Revised Code
or was operating
a motor vehicle or motorcycle, did not have a valid driver's
license, commercial driver's license,
temporary instruction
permit, probationary license, or nonresident
operating privilege,
and was not eligible for renewal of the offender's driver's
license or commercial driver's license without examination under
section 4507.10 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, any traffic-related homicide,
manslaughter, or
assault
offense,
or a traffic-related murder,
felonious assault, or attempted murder 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.
(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. If division (B)(2)(c)(i), (ii),
(iii), (iv), (v), (vi), (vii), or (viii) of this section applies
to an offender who is convicted of or pleads guilty to the
violation of division (A)(1) of this section, the court shall
impose the mandatory prison term pursuant to section 2929.142 of
the Revised Code. The court shall impose a mandatory jail term of
at least fifteen days on an offender who is convicted of or pleads
guilty to a misdemeanor violation of division (A)(3)(b) of this
section and may impose upon the offender a longer jail term as
authorized pursuant to section 2929.24 of the Revised Code. 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)(a) of this section or a felony violation of division (A)(3)(b)
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 or cancellation under Chapter
4510.
or any other
provision
of
the
Revised
Code or was operating a motor vehicle or
motorcycle, did not have a valid
driver's license, commercial
driver's license, temporary
instruction permit, probationary
license, or nonresident operating
privilege, and was not eligible
for renewal of the offender's driver's license or commercial
driver's license without examination under section 4507.10 of the
Revised Code.
(F) Divisions (A)(2)(b) and (3)(b) of this section do not
apply in a particular construction zone unless signs of the type
described in section 2903.081 of the Revised Code are erected in
that construction zone in accordance with the guidelines and
design specifications established by the director of
transportation under section 5501.27 of the Revised Code. The
failure to erect signs of the type described in section 2903.081
of the Revised Code in a particular construction zone in
accordance with those guidelines and design specifications does
not limit or affect the application of division (A)(1), (A)(2)(a),
(A)(3)(a), or (A)(4) of this section in that construction zone or
the prosecution of any person who violates any of those divisions
in that construction zone.
(G)(1) As used in this section:
(a)
"Mandatory prison term" and "mandatory jail term" have
the same
meanings 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.
(c) "Construction zone" has the same meaning as in section
5501.27 of the Revised Code.
(d) "Reckless operation offense" means a
violation of
section 4511.20 of the Revised Code or a
municipal ordinance
substantially equivalent to section 4511.20 of
the Revised Code.
(e) "Speeding offense" means a violation of section 4511.21
of the Revised Code or a municipal ordinance pertaining to speed.
(f) "Traffic-related murder, felonious assault, or attempted
murder offense" means a violation of section 2903.01 or 2903.02 of
the Revised Code in circumstances in which the offender used a
motor vehicle as the means to commit the violation, a violation of
division (A)(2) of section 2903.11 of the Revised Code in
circumstances in which the deadly weapon used in the commission of
the violation is a motor vehicle, or an attempt to commit
aggravated murder or murder in violation of section 2923.02 of the
Revised Code in circumstances in which the offender used a motor
vehicle as the means to attempt to commit the aggravated murder or
murder.
(g) "Motor vehicle" has the same meaning as in section
4501.01 of the Revised Code.
(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. 4506.091. To determine a person's ability to understand
highway warnings or traffic signs or directions, any test or
examination given to a person to obtain or retain a commercial
driver's license or commercial driver's temporary instruction
permit under this chapter shall be administered in the English
language only, without the assistance of an interpreter.
Section 2. That existing section 2903.06 of the Revised Code
is hereby repealed.
|