(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) Negligently;
(2) As the proximate result of committing a violation of any provision of any section contained in Title 45 of the Ohio Revised Code that is a minor misdemeanor, or of any provision of this Traffic Code or of any other 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 45 of the Ohio Revised Code that is a minor misdemeanor.
(b) Whoever violates paragraph (a)(1) hereof is guilty of vehicular homicide. Except as otherwise provided in this section, vehicular homicide is a misdemeanor of the first degree and shall be subject to the penalty provided in Section 408.01. Vehicular homicide is a felony of the fourth degree and shall be prosecuted under Ohio R.C. 2903.06 if, at the time of the offense, the offender was driving under a suspension or revocation imposed under Section 436.07 of this Traffic Code or under Ohio R.C. Chapter 4507 or any other provision of the Ohio Revised Code or if the offender previously has been convicted of or pleaded guilty to a violation of Ohio R.C. 2903.06, 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 Ohio R.C. 4507.16 or, if the offender previously has been convicted of or pleaded guilty to a violation of Ohio R.C. 2903.06, 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) Whoever violates paragraph (a)(2) hereof is guilty of vehicular manslaughter. Except as otherwise provided in this subsection, vehicular manslaughter is a misdemeanor of the second degree and shall be subject to the penalty provided in Section 408.01. Vehicular manslaughter is a misdemeanor of the first degree and shall be subject to the penalty provided in Section 408.01 if, at the time of the offense, the offender was driving under a suspension imposed under Section 436.07 of this Traffic Code or under Ohio R.C. Chapter 4507 or if the offender previously has been convicted of or pleaded guilty to a violation of Ohio R.C. 2903.06, 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 three months to two years pursuant to Ohio R.C. 4507.16 or, if the offender previously has been convicted of or pleaded guilty to a violation of Ohio R.C. 2903.06, this section or any traffic-related homicide, manslaughter or assault offense, for a definite period of one to five years pursuant to that section.
(d) The court shall impose a mandatory prison term on an offender who is convicted of or pleads guilty to a violation of paragraph (a)(2) hereof if either of the following applies:
(1) The offender previously has been convicted of or pleaded guilty to a violation of Ohio R.C. 2903.06 or 2903.08 or this section.
(2) At the time of the offense, the offender was driving under suspension under Section 436.07 of this Traffic Code or under Ohio R.C. Chapter 4507.
(e) As used in this section:
(1) “Mandatory prison term” has the same meaning as in Ohio R.C. 2929.01.
(2) “Traffic-related homicide, manslaughter or assault offense” means a violation of Ohio R.C. 2903.04 in circumstances in which subsection (D) of that section applies, a violation of this section, a violation of Ohio R.C. 2903.06 or 2903.08, or a violation of Ohio R.C. 2903.06, 2903.07 or 2903.08 as they existed prior to the effective date of Ohio R.C. 2903.06.
(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.
(ORC 2903.06)