HB 357 — Revise law governing vehicular manslaughter, vehicular assault

Summary

To amend sections 2903.06 and 2903.08 of the Revised Code to alter the law governing vehicular manslaughter and vehicular assault.

Bill Text

• Introduced As Introduced Current pdf

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill amends the definitions and penalties related to aggravated vehicular homicide and vehicular homicide under Ohio law.

• Section 2903.06

  Section 2903.06. → Sec. 2903.06.

  Updates the formatting of the section header.

• Section 2903.06(A)(2)(b)

  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. → 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.

  Removes the reference to division (F) from the conditions in which reckless operation in a construction zone applies.

• Section 2903.06(A)(3)(b)

  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. → 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.

  Updates the conditions for applying a speeding offense in a construction zone by removing reference to division (F).

• Section 2903.06(B)(2)(a)

  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. → aggravated vehicular homicide committed in violation of division (A)(1) of this section is a felony of the second degree.

  Clarifies that aggravated vehicular homicide is classified as a felony of the second degree without the requirement to impose a mandatory prison term.

• Section 2903.06(B)(2)(b)(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. → At the time of the offense, the offender was driving under a suspension or cancellation imposed under Chapter 4510.

  Shortens the criteria for elevated penalties regarding aggravated vehicular homicide under specific conditions.

• Section 2903.06(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 third degree.

  Removes the conditional language regarding exceptions for aggravated vehicular homicide under division (A)(2).

• Section 2903.06(C)

  Except as otherwise provided in this division, vehicular homicide is a misdemeanor of the first degree. → Vehicular homicide is a misdemeanor of the first degree.

  Clarifies that vehicular homicide is consistently classified as a misdemeanor of the first degree.

• Section 2903.06(C)

  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 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. → Vehicular homicide committed in violation of division (A)(3) of this section is a felony of the fourth degree if the offender was driving under a suspension or cancellation imposed under Chapter 4510.

  Simplifies the conditions under which vehicular homicide becomes a felony of the fourth degree.

Action History

1. As Introduced

Sponsors

• Brian Lorenz · Primary

Subjects