(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 Ohio R.C. § 4511.19(A) or of a substantially equivalent municipal ordinance;
B. As the proximate result of committing a violation of Ohio R.C. § 1547.11(A) or of a substantially equivalent municipal ordinance;
C. As the proximate result of committing a violation of Ohio R.C. § 4561.15(A)(3) or of a substantially equivalent municipal ordinance.
(2) In one of the following ways:
A. Recklessly;
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 (d) of this section.
(3) In one of the following ways:
A. Negligently;
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 (d) of this section.
(4) As the proximate result of committing a violation of any provision of any section contained in Ohio R.C. Title 45 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 Ohio R.C. Title 45 that is a minor misdemeanor.
(b) (1) Whoever violates division (a)(1) or (2) of this section is guilty of aggravated vehicular homicide, a felony to be prosecuted under appropriate state law.
(2) A. 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 to be prosecuted under appropriate state law if, at the time of the offense, the offender was driving under a suspension or cancellation imposed under Ohio R.C. Chapter 4510 or any other provision of the Ohio 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 Ohio R.C. § 4507.10 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 on the offender when required by division (c) of this section.
B. 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 Ohio R.C. § 4510.02(A)(4) 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 Ohio R.C. § 4510.02(A)(3), or, if the offender previously had 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 Ohio R.C. § 4510.02(A)(2).
(3) A. 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 Ohio R.C. 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 Ohio R.C. § 4507.10 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.
B. 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 Ohio R.C. § 4510.02(A)(6) 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 Ohio R.C. § 4510.02(A)(4).
(c) The court shall impose a mandatory prison term on an offender who is convicted of or pleads guilty to a felony violation of this section, as provided in Ohio R.C. § 2903.06(E). The court shall impose a mandatory jail term of at least 15 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 Ohio R.C. § 2929.24.
(d) Divisions (a)(2)B. and (a)(3)B. of this section do not apply in a particular construction zone unless signs of the type described in Ohio R.C. § 2903.081 are erected in that construction zone in accordance with the guidelines and design specifications established by the Director of Transportation under Ohio R.C. § 5501.27. The failure to erect signs of the type described in Ohio R.C. § 2903.081 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.
(e) (1) As used in this section:
A. CONSTRUCTION ZONE has the same meaning as in Ohio R.C. § 5501.27.
B. MANDATORY PRISON TERM and MANDATORY JAIL TERM have the same meanings as in Ohio R.C. § 2929.01.
C. MOTOR VEHICLE has the same meaning as in Ohio R.C. § 4501.01.
D. RECKLESS OPERATION OFFENSE means a violation of Ohio R.C. § 4511.20 or a municipal ordinance substantially equivalent to Ohio R.C. § 4511.20.
E SPEEDING OFFENSE means a violation of Ohio R.C. § 4511.21 or a municipal ordinance pertaining to speed.
F. TRAFFIC-RELATED HOMICIDE, MANSLAUGHTER, OR ASSAULT OFFENSE means a violation of Ohio R.C. § 2903.04 in circumstances in which division (d) of that section applies, 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 March 23, 2000.
G. TRAFFIC-RELATED MURDER, FELONIOUS ASSAULT, OR ATTEMPTED MURDER OFFENSE means a violation of Ohio R.C. § 2903.01 or Ohio R.C. § 2903.02 in circumstances in which the offender used a motor vehicle as the means to commit the violation, a violation of Ohio R.C. § 2903.11(A)(2) 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 Ohio R.C. § 2923.02 in circumstances in which the offender used a motor vehicle as the means to attempt to commit the aggravated murder or murder.
(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 this or another state or the United States.
(Ord. 30-2012, passed 12-18-2012)
Statutory reference:
Aggravated vehicular assault, felony, see Ohio R.C. 2903.08
Trial court to suspend driver’s license, see Ohio R.C. 4510.05, 4510.10
Vehicular homicide; vehicular manslaughter see Ohio R.C. § 2903.06