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 Introduced
Primary Sponsors: Reps. Johnson and K. Miller
Effective date:
Margaret E. Marcy, Attorney
SUMMARY
Increases the financial penalties for operating a vehicle while under the influence of
alcohol, drugs, or a combination of them (OVI).
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.
Alters certain prior offenses that result in a higher penalty for aggravated vehicular
homicide that is the proximate result of an OVI offense.
Increases the prison term for aggravated vehicular homicide committed as the
proximate result of an OVI offense for offenders who committed certain other prior
offenses (a prior OVI, aggravated vehicular homicide, aggravated vehicular assault, or
involuntary manslaughter with a motor vehicle offense).
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.
DETAILED ANALYSIS
OVI financial penalties
The bill increases the financial penalties for an offender that operates a vehicle while
under the influence of alcohol, drugs, or a combination of them (OVI). The following table
describes those increases.
March 2, 2023
Office of Research and Drafting LSC Legislative Budget Office
Table 1: OVI financial penalties1
Offense Current law Under the bill
1st time offender $375 - $1,075 $750 - $1,250
2nd time offender
$525 - $1,625 $1,200 - $2,000
(within 10 years)
3rd time offender
$850 - $2,750 $2,000 - $2,750
(within 10 years)
4th or 5th time offender
(within 10 years); or
$1,350 - $10,500 $2,300 - $10,500
6th time offender
(within 20 years)
Prior felony-OVI offender
$1,350 - $10,500 $2,300 - $10,500
(no time limitation)
The bill does not change the specific dollar amounts from each fine 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
The state Indigent Defense Support Fund.2
Because the specific amounts distributed for each purpose specified above do not
change, any increased fine money collected will be disbursed as “otherwise provided by law,”
as specified in current law.3
1 R.C. 4511.19(G)(1)(a)(iii); (b)(iii); (c)(iii); (d)(iii); and (e)(iii).
2 R.C. 4511.19(G)(5)(a) to (f).
3 R.C. 4511.19(G)(5)(g).
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As Introduced
Office of Research and Drafting LSC Legislative Budget Office
Aggravated vehicular homicide penalties
The bill increases the penalties, particular the financial penalties and the prison term,
for an offender that commits an aggravated vehicular homicide as the proximate result of an
OVI offense.
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 (2nd degree felony). Similarly, a court may impose a maximum financial
penalty of $20,000 for that offense on an offender with prior offenses (1st degree felony).4
Prison terms and decrease in required priors
The bill alters certain prior offenses that 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.5 The following tables
compare the penalties imposed under current law to the penalties proposed by the bill and the
number of prior offenses required for imposition of each penalty. The bill does not make
changes to the prison term imposed on an offender with no prior offenses. However, the first
table below provides the penalties for that base offense for purposes of comparison to the
changes otherwise made by the bill.
Shorthand terms for the tables
For the sake of brevity, the tables use certain shorthand phrases to replace longer
phrases that are used within the Revised Code. Specifically:
“Death of another” includes the unlawful termination of another’s pregnancy.
“Motor vehicle” also includes a motorcycle, snowmobile, locomotive, watercraft, or
aircraft.
“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.6
“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.7
4 R.C. 2903.06(B)(2)(e); R.C. 2929.18, not in the bill, specifies default felony financial penalties.
5 R.C. 2903.06(B)(2) and 2929.142.
6 R.C. 2903.06(A)(1).
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As Introduced
Office of Research and Drafting LSC Legislative Budget Office
Penalty tables
Table 2: Penalties for the base offense8
Current law Under the bill
Offense No person, while operating a motor vehicle, shall cause the death of Same as
another, as the proximate result of committing an OVI offense current law
Prior None Same as
offenses current law
Degree of 2nd degree felony Same as
penalty current law
Prison term For offenses that occur prior to March 22, 2019: a definite term of 2, 3, 4, 5, Same as
6, 7, or 8 years current law
For offenses that occur on or after March 22, 2019: a minimum mandatory
term of 2, 3, 4, 5, 6, 7, or 8 years9
Table 3: Increased penalties for certain prior offenses10
Current law Under the bill
Prior 1. Driving without a valid driver’s license;11 1. Same as current law;
offenses
2. Any prior violation of the vehicular homicide 2. Any prior violation of the
statute; and vehicular homicide statute that is
not OVI-related; and
3. Any prior traffic-related homicide, manslaughter, 3. Any prior violation of the
or assault offense.12 vehicular assault statute that is not
7 R.C. 2903.06(G)(2).
8 Offense: R.C. 2903.06(A)(1) and (B)(2)(a); Prison term: R.C. 2903.06(E)(1) and 2929.14(A)(2).
9 The maximum term is determined based on the formula in R.C. 2929.144.
10 Offense: R.C. 2903.06(A)(1) and (B)(2)(b); Prison term: R.C. 2903.06(E)(1) and 2929.14(A)(1).
11“Without a valid driver’s license” includes driving under a license suspension or cancellation, driving
without a license, or driving with a license that has been expired for more than six months. R.C.
2903.06(B)(2)(b)(i).
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As Introduced
Office of Research and Drafting LSC Legislative Budget Office
OVI-related.
Degree of 1st degree felony Same as current law
penalty
Prison term For offenses that occur prior to March 22, 2019: a Same as current law
definite term of 3, 4, 5, 6, 7, 8, 9, 10, or 11 years
For offenses that occur on or after March 22, 2019: a
minimum mandatory term of 3, 4, 5, 6, 7, 8, 9, 10, or
11 years13
Table 4: Specification with higher enhanced prison term14
Current law Under the bill
Prior 1. Three or more prior OVI offenses, 1. One or more prior OVI offenses, within the
offenses within the previous ten years; previous ten years;
2. Three or more prior OVI-related 2. One or more prior OVI-related vehicular
vehicular homicide offenses, within the homicide offenses, regardless of when the
previous ten years; offense occurred;
3. Three or more prior OVI-related 3. One or more prior OVI-related vehicular assault
vehicular assault offenses, within the offenses, regardless of when the offense
previous ten years; occurred;
4. Three or more prior OVI-related 4. One or more prior OVI-related involuntary
involuntary manslaughter offenses, manslaughter offenses, regardless of when the
within the previous ten years; offense occurred;
5. Three or more of any combination of 5. No longer required because one offense is
(1) through (4) above within the enough to trigger the higher enhanced prison
previous ten years; or term; or
6. A second or subsequent prior felony 6. One prior felony OVI violation.
OVI violation.
12“Traffic-related homicide, manslaughter, or assault offense” means any violation of R.C. 2903.04(D),
2903.06, or 2903.08, or the prior versions of R.C. 2903.06, 2903.07, or 2903.08 (from prior to March 23,
2000).
13 The maximum term is determined based on the formula in R.C. 2929.144.
14 Offense: R.C. 2903.06(A)(1) and (B)(2)(c); Prison term: R.C. 2903.06(E)(1) and 2929.142.
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As Introduced
Office of Research and Drafting LSC Legislative Budget Office
Table 4: Specification with higher enhanced prison term14
Current law Under the bill
Degree of 1st degree felony Same as current law
penalty
Prison For offenses that occur prior to March For offenses that occur prior to March 22, 2019: a
term 22, 2019: a definite term of 10, 11, 12, definite term of 10, 11, 12, 13, 14, or 15 years
13, 14, or 15 years
For offenses that occur on or after March 22,
2019, but before the bill’s effective date: a
For offenses that occur on or after March minimum mandatory term of 10, 11, 12, 13, 14,
22, 2019: a minimum mandatory term of or 15 years
10, 11, 12, 13, 14, or 15 years15 For offenses that occur on or after the bill’s
effective date: a minimum mandatory term of 15,
16, 17, 18, 19, or 20 years
Court warning
The bill requires a court to warn any person that is convicted of or pleads guilty to an
OVI offense of the penalties imposed for aggravated vehicular homicide, given that one prior
OVI offense within ten years may result in the higher financial penalties and increased
minimum mandatory prison term.16
HISTORY
Action Date
Introduced 02-15-23
ANHB0037IN-135/tl
15 The maximum term is determined based on the formula in R.C. 2929.144.
16 R.C. 4511.19(G)(9).
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As Introduced