§ 2303.06. Vehicular homicide; vehicular manslaughter.

(A)

No person, while operating or participating in the operation of a 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 XLV of the Ohio 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 Ohio Revised Code that is a minor misdemeanor.

(B)

(1)

Except as otherwise provided in this division, whoever violates division (A)(1) of this section is guilty of vehicular homicide, a misdemeanor of the first 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 Ohio 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 is a felony to be prosecuted under applicable state law.

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 Ohio Revised Code.

(2)

Except as otherwise provided in this division, whoever violates division (A)(2) of this section is guilty of vehicular manslaughter, 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 Ohio 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 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 Ohio 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 section 4510.02 of the Ohio Revised Code.

(C)

(1)

As used in this section, "Traffic-related homicide, manslaughter, or assault offense" means a violation of Section 2903.04 of the Ohio Revised Code in circumstances in which division (D) of that section applies, a violation of Section 2903.06 or 2903.08 of the Ohio Revised Code, or a violation of Section 2903.06, 2903.07, or 2903.08 of the Ohio 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.

(Ord. 2120-03 § 1 (part).)