34-02 Amend 537.02 Vehicular Homicide & Manslaughter

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probation, probation or shock parole pursuant to Ohio R.C. 2947.061, 2951.02 or 2967.31. shall be and is hereby amended to read as follows: 537.02 VEHICULAR HOMICIDE AND MANSLAUGHTER Ca) No person, while operating or participating In the operation of a motor vehicle, motorcycle, snowmobile, locomotive, watercraft, or a~rcraft, shall cause.the death of another or the unlawful termination of another's pregnancy in any or the following way~l. Ne As ~ellgenflY;proxlmate result of committing a violation of any provision of any se~don contained in Chapter 45 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 ChaPter 45 of . the Ohio Revised Code that is a minor misdemeanor. · (b) (1) Whoever violates subsection (a)(:l.) of this section is guilty of vehicular homicide. Except as otherwiseprovided in this subsection, vehicular homicide is a misdemeanor of the first degree. (2) Who.ever violates su.bsection (a)(2) of this section is guilty of vehicular manslaughter. ~xcept as otherwise provided in this subsection, 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 drivlng under a suspension Imposed under Ohio P,.C. Chapter 4507 or if the offender previously has been convicted .of or. pleaded gu. ilty to a violation of thls section or any traffic-related nomlclde, manslaughter, or assault offense. (c) The court shall Impose a mandatory prison term on an offender who is convicted of or pleads guilty to a violation of subsection (a)(1) hereof if either of the following applies: (1) The offender previously has been convicted of or Pleaded guilty to a violation of this section or Ohio R.C. 2903.06 or 2903.08. (2) At the time of the offense, the offender was ddving under suspension under Ohio R.C. Chapter 4507. Cd) As' used in this section: (1) "Mandatory prison term" has the same meaning as in Ohio R.C. 2929.01. (2) ~Traffic-related homidde, manslaughter or assault offense" means a violation of Ohio P,.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 Narch 23, 2000. (e) 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 spedfied 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. (f) The court lmposing a sentence upon an offender for any violation of a munid pal ordinance substantially equivalent to a violation of Ohio P,.C. 2903.06 also - shall impose a suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege that is equivalent in length to the suspension required for a violation of Ohio P,.C. 2903.06 under similar circumstances. Section 2. It is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were adopted in an open meeting of this Council, and that all such deliberation of the Council and of any of Its