2929.142 Aggravated vehicular homicide - mandatory prison term.

(A) Notwithstanding the definite prison terms and minimum prison terms specified in divisions (A)(1)(a) and (b) of section 2929.14 of the Revised Code for a felony of the first degree, if an offender is convicted of or pleads guilty to aggravated vehicular homicide in violation of division (A)(1) of section 2903.06 of the Revised Code, the court shall impose upon the offender a mandatory prison term of ten, eleven, twelve, thirteen, fourteen, or fifteen years, determined as specified in division (B) of this section, if any of the following apply:

(1) The offender previously has been convicted of or pleaded guilty to three or more prior violations of section 4511.19 of the Revised Code or of a substantially equivalent municipal ordinance within the previous ten years.

(2) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A) of section 1547.11 of the Revised Code or of a substantially equivalent municipal ordinance within the previous ten years.

(3) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A)(3) of section 4561.15 of the Revised Code or of a substantially equivalent municipal ordinance within the previous ten years.

(4) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A)(1) of section 2903.06 of the Revised Code.

(5) The offender previously has been convicted of or pleaded guilty to three or more prior violations of division (A)(1) of section 2903.08 of the Revised Code.

(6) The offender previously has been convicted of or pleaded guilty to three or more prior violations of section 2903.04 of the Revised Code in circumstances in which division (D) of that section applied regarding the violations.

(7) The offender previously has been convicted of or pleaded guilty to three or more violations of any combination of the offenses listed in division (A)(1), (2), (3), (4), (5), or (6) of this section.

(8) The offender previously has been convicted of or pleaded guilty to a second or subsequent felony violation of division (A) of section 4511.19 of the Revised Code.

(B) The mandatory prison term required under division (A) of this section shall be a definite term of ten, eleven, twelve, thirteen, fourteen, or fifteen years, except that if the aggravated vehicular homicide is committed on or after the effective date of this amendment, the court shall impose as the minimum prison term for the offense under division (A)(1)(a) of section 2929.14 of the Revised Code a mandatory prison term that is ten, eleven, twelve, thirteen, fourteen, or fifteen years.

Amended by 132nd General Assembly File No. TBD, SB 201, §1, eff. 3/22/2019.

Amended by 131st General Assembly File No. TBD, HB 388, §1, eff. 4/6/2017.

Effective Date: 04-04-2007.