OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 640 Bill Analysis
134th General Assembly
Click here for H.B. 640’s Fiscal Note
Version: As Introduced
Primary Sponsors: Reps. Grendell and T. Young
Effective Date:
Helena Volzer, Attorney
SUMMARY
 Requires a court to impose child maintenance restitution on an offender who commits a
felony violation of aggravated vehicular homicide when the victim’s death was
proximately caused by an operating a vehicle while intoxicated (OVI) violation and the
victim is survived by at least one minor child.
 Prohibits the court from imposing the child maintenance restitution if the parent, legal
guardian, or custodian of the child brings a civil action before criminal sentencing and
obtains a judgment covering the cost of child maintenance.
 Requires the child maintenance amount ordered by a court to be offset by any amount a
parent, legal guardian, or custodian subsequently obtains in a judgment covering the
costs of child maintenance.
 Specifies that the offender must pay child maintenance for each of the victim’s children
until the child reaches age 18.
 Requires the court to consider all relevant factors in determining the amount of child
maintenance of each child, including specific factors such as the financial needs and
resources of the child and the standard of living to which the child is accustomed.
 Specifies payment procedures for child maintenance restitution.
 Requires an incarcerated offender to begin payment of child maintenance within one
year after release and authorizes the offender to do so under a payment plan approved
by the court.
 Requires an offender to continue to make payments if the payments are set to
terminate until the entirety of the amount of child maintenance owed is paid.
 Applies existing law regarding collection of restitution to the collection of child
maintenance.
May 4, 2022
Office of Research and Drafting LSC Legislative Budget Office
DETAILED ANALYSIS
OVI-related aggravated vehicular homicide: child maintenance
The bill requires a court to impose child maintenance restitution on an offender who
commits an OVI-related aggravated vehicular homicide when the deceased victim was a parent,
legal custodian, or guardian of a surviving minor child. OVI-related aggravated vehicular
homicide occurs when the victim’s death was proximately caused by an operating a vehicle
while intoxicated (OVI) violation, or a violation of a substantially equivalent municipal
ordinance. The type of vehicle involved may include any motor vehicle, motorcycle,
snowmobile, locomotive, watercraft, or aircraft.1
Under current law, OVI-related aggravated vehicular homicide is generally a second
degree felony, carrying a mandatory prison term, with a minimum term (selected by the court)
of 2, 3, 4, 5, 6, 7, or 8 years and a possible criminal fine of up to $15,000. Additional financial
sanctions (such as restitution) may be imposed and a lifetime driver’s license suspension must
be imposed.2 If certain enhancement factors apply (for example, the offender was driving on a
suspended license at the time of the offense), the offense is a first degree felony, carrying a
longer mandatory prison term and higher criminal fine.3
In addition to the sanctions specified above, the bill requires the court to order the
offender to pay child maintenance restitution when the victim was the parent of at least one
surviving minor child. The court must order child maintenance for each of the victim’s surviving
children. However, if a surviving parent, legal guardian, or custodian of the child or children
obtains a civil judgment covering the cost of child maintenance prior to the disposition of the
criminal case, the court may not impose child maintenance. If the civil judgement occurs after
the disposition of the criminal case, the child maintenance amount must be offset by the
amount of the judgment. For each minor child of the victim, the offender must pay child
maintenance until that child reaches age 18.4
Calculation of child maintenance
A court must determine the amount of child maintenance that is reasonable and
necessary for the maintenance of each child after considering all relevant factors, including all
of the following:
 The financial needs and resources of the child;
1 R.C. 2929.18(A)(2); see also R.C. 1547.11, 2903.06, 4511.19, and 4561.15, not in the bill.
2R.C. 2929.18; see also R.C. 2929.06(B) and (E), 2929.14(A)(2)(a), 2929.15(A), and 4510.02(A)(1). The
maximum term of incarceration is determined based on the formula in R.C. 2929.144, not in the bill.
3 R.C. 2929.18; see also R.C. 2903.06(B)(2)(b) and (c) and 2929.142, not in the bill.
4 R.C. 2929.18(A)(2)(a).
P a g e |2 H.B. 640
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
 The financial resources and needs of the surviving parent, legal custodian, or guardian of
the child, including the state if the child is in the custody of a public children services
agency;
 The standard of living to which the child is accustomed;
 The physical and emotional condition of the child and the child’s educational needs;
 The child’s physical and legal custody arrangements; and
 The reasonable work-related child care expenses of the surviving parent, legal
custodian, or guardian.5
Child maintenance restitution procedures
The bill establishes procedures for payment of child maintenance restitution by
requiring that payments be made to the clerk of courts as trustee for remittance to the child’s
surviving parent, legal custodian, or guardian. The clerk must remit the payments to the
surviving parent, legal custodian, or guardian within three business days of receipt. The clerk
must deposit all payments not later than the next business day after receipt. If an offender is
incarcerated and unable to pay, the offender may enter a payment plan with the court and
must begin payment no more than one year after the offender’s release. If the payments are
set to terminate but the offender’s obligation is not yet paid in full, the payments must
continue until the entirety of the amount owed is paid.6
Finally, the bill applies existing law regarding collection of restitution to the collection of
child maintenance restitution. Under current law, a financial sanction of restitution is an order
in favor of the victim and can be collected through a certificate of judgment, execution, or an
order, and the offender is considered the judgment debtor. The victim can pursue a number of
mechanisms to obtain payment including:
 Obtaining from the clerk of court a certificate of judgment (in the same manner and
form as is issued in a civil action); or
 Obtaining an execution of the judgment or order through any available procedure,
including proceedings against the debtor’s property, person, or garnishment of wages.
The bill applies this law to allow the surviving parent, legal custodian, or guardian of the
surviving minor child to pursue these options to collect child maintenance restitution. 7
5 R.C. 2929.18(A)(2)(b).
6 R.C. 2929.18(A)(2)(c) and (d).
7 R.C. 2929.18(D).
P a g e |3 H.B. 640
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
HISTORY
Action Date
Introduced 05-02-22
ANHB0640IN-134/ec
P a g e |4 H.B. 640
As Introduced


Statutes affected:
As Introduced: 2929.18