OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 37 Bill Analysis
135th General Assembly
Click here for H.B. 37’s Fiscal Note
Version: As Passed by the House
Primary Sponsors: Reps. Johnson and K. Miller
Effective date:
Margaret E. Marcy, Attorney
SUMMARY
 Establishes a new, tiered-system, based on the number of prior offenses and the nature
of the offense, in order to trigger increased minimum mandatory prison terms for
aggravated vehicular homicide that is the proximate result of an OVI offense.
 Increases the possible financial penalties for aggravated vehicular homicide committed
as the proximate result of an OVI offense by raising the maximum fine to $25,000.
 Increases the minimum financial penalties for operating a vehicle while under the
influence of alcohol, drugs, or a combination of them (OVI) by an additional $375.
 Modifies when a court must condition the granting of limited driving privileges to an OVI
offender on use of an ignition interlock device.
DETAILED ANALYSIS
Aggravated vehicular homicide penalties
Introduction
The bill increases the penalties, particular the financial penalties and the prison term, for
an offender who commits an aggravated vehicular homicide as the proximate result of an OVI
offense. For the sake of brevity, the following discussion uses certain shorthand phrases to
replace longer phrases that are used within the Revised Code. Specifically:
“OVI offense” means a violation of operating a vehicle under the influence, operating a
watercraft under the influence, operating an aircraft under the influence, and any substantially
equivalent municipal ordinance.1
1 R.C. 2903.06(A)(1).
May 24, 2024
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“Low tier OVI offense” means an OVI offense with a vehicle when the offender’s alcohol
level was the standard level (whole blood measures at 0.08% to 0.17% by weight per unit volume,
or the equivalent blood serum or plasma, breath, or urine concentration), the offender violated
the prohibited concentration level for drugs, or the offender committed an OVI offense with a
watercraft or aircraft.2
“High tier OVI offense” means an OVI offense with a vehicle when the offender’s alcohol
level was the higher level (whole blood measures at more than 0.17% by weight per unit volume
or the equivalent blood serum or plasma, breath, or urine concentration).3
“Prior offense” includes any violation of a substantially equivalent municipal ordinance,
former law of Ohio, current or former law of another state, or current or former federal law. 4
Financial penalties
The bill increases the maximum possible financial penalty for aggravated vehicular
homicide that is the proximate result of an OVI offense to $25,000. Under current law, the court
may impose a maximum financial penalty of $15,000 for that offense on an offender with no
prior offenses (second degree felony). Similarly, a court may impose a maximum financial penalty
of $20,000 for that offense on an offender with prior offenses (first degree felony).5
Prison terms and decrease in required priors
The bill alters the parameters under which certain prior offenses result in a higher penalty
for aggravated vehicular homicide that is the proximate result of an OVI offense. The bill also
increases the minimum mandatory prison terms for aggravated vehicular homicide that is the
proximate result of an OVI offense when the offender has committed certain other prior
offenses. Additionally, the bill decreases the number of those other prior offenses that an
offender must have committed in order for a court to impose the increased prison terms.6
Under current law, an offender who commits aggravated vehicular homicide as the
proximate result of an OVI offense with no prior conditions or offenses is guilty of a second
degree felony. This second degree felony offense carries with it a minimum mandatory prison
term of 2, 3, 4, 5, 6, 7, or 8 years.7 An offender who commits that offense while under a driver’s
license suspension or without a valid driver’s license, or who has committed specified prior
offenses is guilty of a first degree felony.8 The prison term for those offenders is typically a
2 R.C. 2903.06(G)(1)(h).
3 R.C. 2903.06(G)(1)(i).
4 R.C. 2903.06(G)(2).
5 R.C. 2903.06(B)(2)(h); R.C. 2929.18, not in the bill, specifies default felony financial penalties.
6 R.C. 2903.06(B)(2) and 2929.142.
7 R.C. 2903.06(B)(2)(a) and 2929.14.
8 R.C. 2903.06(B)(2)(b) and (c).
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minimum mandatory term of 3, 4, 5, 6, 7, 8, 9, 10, or 11 years.9 If the offender has a significant
number of prior offenses (three or more) within ten years, the prison term is typically a minimum
mandatory term of 10, 11, 12, 13, 14, or 15 years.10 Prior offenses include prior OVI offenses,
vehicular homicide involving OVI, vehicular assault involving OVI, involuntary manslaughter
involving OVI, or a combination of those offenses.
The bill creates, instead, a new tiered-system that gradually increases the minimum
mandatory prison term for the offender based on the number and nature of the prior offenses.
The bill also expands the lookback period from ten to 20 years. Doing so increases the likelihood
of past offenses affecting which tier the offender will fall under for purposes of sentencing. The
following table describes the tiers and the minimum mandatory prison term imposed under the
bill for an offender at each tier.
Aggravated vehicular homicide (proximate result: OVI)
Tier Prior offense(s) Prison term
None – offender commits Default minimum mandatory
First Tier aggravated vehicular homicide as term for second degree felony
the proximate result of a low tier under R.C. 2929.14:
R.C. 2903.06(B)(2)(a)
OVI offense.
2, 3, 4, 5, 6, 7, or 8 years
None – offender commits Default minimum mandatory
aggravated vehicular homicide as term for first degree felony
the proximate result of a high under R.C. 2929.14:
tier OVI offense;
3, 4, 5, 6, 7, 8, 9, 10, or 11 years
or
None – offender commits
aggravated vehicular homicide as
the proximate result of a low tier
Second Tier
OVI offense while the offender’s
R.C. 2903.06(B)(2)(b) and (c) driver’s license is suspended or
while offender was driving
without a license;
or
Offender commits aggravated
vehicular homicide as the
proximate result of a low tier OVI
offense and has one prior low
tier OVI offense or a reckless
9R.C. 2929.14(A)(1)(a); the maximum term is determined based on a formula in R.C. 2929.144, not in the
bill.
10 R.C. 2903.06(B)(2)(c) and 2929.142.
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Aggravated vehicular homicide (proximate result: OVI)
Tier Prior offense(s) Prison term
operation offense that involved
alcohol, a drug of abuse, or a
combination of them within the
previous 20 years;
or
Offender commits the
aggravated vehicular homicide as
the proximate result of a low tier
OVI offense and has one prior
traffic-related homicide,
manslaughter, or assault offense
within the previous 20 years.
Offender commits aggravated First degree felony with an
vehicular homicide as the increased minimum mandatory
proximate result of a low or high term under R.C. 2929.142(A):
tier OVI offense and has either:
5, 6, 7, 8, 9, 10, 11, 12, 13, 14, or
One prior high tier OVI offense 15 years
within the previous 20 years;
or
Two prior low tier OVI offenses
within the previous 20 years;
Third Tier
or
R.C. 2903.06(B)(2)(d)
Two prior traffic-related
homicide, manslaughter, or
assault offenses within the
previous 20 years;
or
Two prior offenses of any
combination of the prior two
parameters listed above within
the previous 20 years.
Offender commits aggravated First degree felony with an
vehicular homicide as the increased minimum mandatory
Fourth Tier
proximate result of a low or high term under R.C. 2929.142(B):
R.C. 2903.06(B)(2)(e) tier OVI offense and has either:
10, 11, 12, 13, 14, 15, 16, 17, 18,
19, or 20 years
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Aggravated vehicular homicide (proximate result: OVI)
Tier Prior offense(s) Prison term
One prior low tier and one prior
high tier OVI offense within the
previous 20 years;
or
Three prior low tier OVI offenses
within the previous 20 years;
or
Three prior traffic-related
homicide, manslaughter, or
assault offenses within the
previous 20 years;
or
Three prior offenses of any
combination of the prior two
parameters listed above within
the previous 20 years.
Offender commits aggravated Increased minimum mandatory
vehicular homicide as the term under R.C. 2929.142(C):
proximate result of a low or high
15, 16, 17, 18, 19, or 20 years
tier OVI offense and has either:
Two prior high tier OVI offenses
Fifth Tier
within the previous 20 years;
R.C. 2903.06(B)(2)(f)
or
Two prior low tier OVI offenses
and one prior high tier OVI
offense within the previous 20
years.
OVI penalties
Financial penalties
The bill increases the minimum financial penalties for an offender who operates a vehicle
while under the influence of alcohol, drugs, or a combination of them (OVI) by $375. The
following table describes those increases.
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OVI financial penalties11
Offense Current law Under the bill
1st time offender $375 - $1,075 $750 - $1,075
2nd time offender
$525 - $1,625 $900 - $1,625
(within 10 years)
3rd time offender
$850 - $2,750 $1,225 - $2,750
(within 10 years)
4th or 5th time offender
(within 10 years); or
$1,350 - $10,500 $1,725 - $10,500
6th time offender
(within 20 years)
Prior felony-OVI offender
$1,350 - $10,500 $1,725 - $10,500
(no time limitation)
The bill specifies that the additional $375 must be deposited into the existing Indigent
Drivers Interlock and Alcohol Monitoring Fund.12 That fund is used at a state, county, and
municipal level to pay the cost of an immobilizing or disability device (including a certified ignition
interlock device or alcohol monitoring device) when the offender cannot pay for use of that
device.13 The bill otherwise does not change the specific dollar amounts from OVI-related fines
that must be distributed to any of the following funds or political subdivisions:
 The local enforcement and education fund applicable for the location of the offense;
 The local political subdivision to offset the costs of the incarceration/treatment of the
offender or the equipment for the offender (e.g., interlock device, home monitoring
systems, etc.);
 The local indigent drivers’ alcohol treatment fund;
 The local special projects fund; and
11 R.C. 4511.19(G)(1)(a)(iii), (b)(iii), (c)(iii), (d)(iii), and (e)(iii).
12 R.C. 4511.19(G)(5)(g).
13 R.C. 4511.191(F)(2)(h), not in the bill.
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 The state Indigent Defense Support Fund.14
Limited driving privileges and ignition interlock devices
The bill modifies when an OVI offender must agree to use of an ignition interlock device
in order to be granted limited driving privileges. Current law separates OVI-offenders into three
categories for purposes of driver’s license suspensions:15
• An individual who either pled guilty to or was
Category #1 convicted of OVI and is under a court-
imposed driver’s license su