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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 714
2025-2026
Representatives Sigrist, Odioso
Cosponsors: Representatives Brennan,
Ray, Johnson, Salvo, Williams, Robinson
To
amend sections
2903.08,
2903.081,
4511.14
,
and 4511.46 of the Revised
Code
to
alter the laws governing vehicular assault and failing to yield the
right of way to pedestrians.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections
2903.08,
2903.081,
4511.14
,
and 4511.46 of the Revised Code be amended to read as follows:
Sec.
2903.08.
(A)
No person, while operating or participating in the operation of a
motor vehicle, motorcycle, utility vehicle, mini-truck, snowmobile,
locomotive, watercraft, or aircraft, shall cause serious physical
harm to another person or another's unborn in any of the following
ways:
(1)(a)
As the proximate result of committing a violation of division (A) of
section 4511.19 of the Revised Code or of a substantially equivalent
municipal ordinance;
(b)
As the proximate result of committing a violation of division (A) of
section 1547.11 of the Revised Code or of a substantially equivalent
municipal ordinance;
(c)
As the proximate result of committing a violation of division (A)(3)
of section 4561.15 of the Revised Code or of a substantially
equivalent municipal ordinance.
(2)
In one of the following ways:
(a)
As the proximate result of committing, while operating or
participating in the operation of a motor vehicle, utility vehicle,
mini-truck, or motorcycle in a construction zone, a reckless
operation offense, provided that this division applies only if the
person to whom the serious physical harm is caused or to whose unborn
the serious physical harm is caused is in the construction zone at
the time of the offender's commission of the reckless operation
offense in the construction zone and does not apply as described in
division (E) of this section;
(b)
Recklessly.
(3)
In
one of the following ways:
(a)
As
the proximate result of committing, while operating or participating
in the operation of a motor vehicle, utility vehicle, mini-truck, or
motorcycle in a construction zone, a speeding offense, provided that
this division applies only if the person to whom the serious physical
harm is caused or to whose unborn the serious physical harm is caused
is in the construction zone at the time of the offender's commission
of the speeding offense in the construction zone and does not apply
as described in division (E) of this section
;
(b)
Negligently
.
(B)(1)
Whoever violates division (A)(1) of this section is guilty of
aggravated vehicular assault. Except as otherwise provided in this
division, aggravated vehicular assault is a felony of the third
degree. Aggravated vehicular assault is a felony of the second degree
if any of the following apply:
(a)
At the time of the offense, the offender was driving under a
suspension imposed under Chapter 4510. or any other provision of the
Revised Code.
(b)
The offender previously has been convicted of or pleaded guilty to a
violation of this section.
(c)
The offender previously has been convicted of or pleaded guilty to
any traffic-related homicide, manslaughter, or assault offense.
(d)
The offender previously has been convicted of or pleaded guilty to
three or more prior violations of division (A) of section 4511.19 of
the Revised Code or a substantially equivalent municipal ordinance
within the previous ten years.
(e)
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.
(f)
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.
(g)
The offender previously has been convicted of or pleaded guilty to
three or more prior violations of any combination of the offenses
listed in division (B)(1)(d), (e), or (f) of this section.
(h)
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.
(2)
In addition to any other sanctions imposed pursuant to division
(B)(1) of this section, except as otherwise provided in this
division, the court shall impose upon the offender a class three
suspension of the offender's driver's license, commercial driver's
license, temporary instruction permit, probationary license, or
nonresident operating privilege from the range specified in division
(A)(3) of section 4510.02 of the Revised Code. If the offender
previously has been convicted of or pleaded guilty to a violation of
this section, any traffic-related homicide, manslaughter, or assault
offense, or any traffic-related murder, felonious assault, or
attempted murder offense, the court shall impose either a class two
suspension of the offender's driver's license, commercial driver's
license, temporary instruction permit, probationary license, or
nonresident operating privilege from the range specified in division
(A)(2) of that section or a class one suspension as specified in
division (A)(1) of that section.
(C)(1)
Whoever violates division (A)(2)
or (3)
,
(3)(a), or (3)(b)
of this section is guilty of vehicular assault and shall be punished
as provided in divisions (C)(2)
and
,
(3)
,
and (4)
of this section.
(2)
Except as otherwise provided in this division, vehicular assault
committed in violation of division (A)(2) of this section is a felony
of the fourth degree. Vehicular assault committed in violation of
division (A)(2) of this section is a felony of the third degree if,
at the time of the offense, the offender was driving under a
suspension imposed under Chapter 4510. or any other provision of the
Revised Code, if the offender previously has been convicted of or
pleaded guilty to a violation of this section or any traffic-related
homicide, manslaughter, or assault offense, or if, in the same course
of conduct that resulted in the violation of division (A)(2) of this
section, the offender also violated section 4549.02, 4549.021, or
4549.03 of the Revised Code.
In
addition to any other sanctions imposed, the court shall impose upon
the offender a class four suspension of the offender's driver's
license, commercial driver's license, temporary instruction permit,
probationary license, or nonresident operating privilege from the
range specified in division (A)(4) of section 4510.02 of the Revised
Code or, if the offender previously has been convicted of or pleaded
guilty to a violation of this section, any traffic-related homicide,
manslaughter, or assault offense, or any traffic-related murder,
felonious assault, or attempted murder offense, a class three
suspension of the offender's driver's license, commercial driver's
license, temporary instruction permit, probationary license, or
nonresident operating privilege from the range specified in division
(A)(3) of that section.
(3)
Except as otherwise provided in this division, vehicular assault
committed in violation of division
(A)(3)
(A)(3)(a)
of this section is a misdemeanor of the first degree. Vehicular
assault committed in violation of division
(A)(3)
(A)(3)(a)
of this section is a felony of the fourth degree if, at the time of
the offense, the offender was driving under a suspension imposed
under Chapter 4510. or any other provision of the Revised Code or if
the offender previously has been convicted of or pleaded guilty to a
violation of this section or any traffic-related homicide,
manslaughter, or assault offense.
In
addition to any other sanctions imposed, the court shall impose upon
the offender a class four suspension of the offender's driver's
license, commercial driver's license, temporary instruction permit,
probationary license, or nonresident operating privilege from the
range specified in division (A)(4) of section 4510.02 of the Revised
Code or, if the offender previously has been convicted of or pleaded
guilty to a violation of this section, any traffic-related homicide,
manslaughter, or assault offense, or any traffic-related murder,
felonious assault, or attempted murder offense, a class three
suspension of the offender's driver's license, commercial driver's
license, temporary instruction permit, probationary license, or
nonresident operating privilege from the range specified in division
(A)(3) of section 4510.02 of the Revised Code.
(4)
Except as otherwise provided in this division, vehicular assault
committed in violation of division (A)(3)(b) of this section is a
misdemeanor of the second degree. Vehicular assault committed in
violation of division (A)(3)(b) of this section is a misdemeanor of
the first degree if, at the time of the offense, the offender was
driving under a suspension imposed under Chapter 4510. or any other
provision of the Revised Code or if the offender previously has been
convicted of or pleaded guilty to a violation of this section or any
traffic-related homicide, manslaughter, or assault offense.
In
addition to any other sanctions imposed, the court shall impose upon
the offender a class five suspension of the offender's driver's
license, commercial driver's license, temporary instruction permit,
probationary license, or nonresident operating privilege from the
range specified in division (A)(5) of section 4510.02 of the Revised
Code or, if the offender previously has been convicted of or pleaded
guilty to a violation of this section, any traffic-related homicide,
manslaughter, or assault offense, or any traffic-related murder,
felonious assault, or attempted murder offense, a class four
suspension of the offender's driver's license, commercial driver's
license, temporary instruction permit, probationary license, or
nonresident operating privilege from the range specified in division
(A)(4) of section 4510.02 of the Revised Code.
(D)(1)
The court shall impose a mandatory prison term, as described in
division (D)(4) of this section, on an offender who is convicted of
or pleads guilty to a violation of division (A)(1) of this section.
(2)
The court shall impose a mandatory prison term, as described in
division (D)(4) of this section, on an offender who is convicted of
or pleads guilty to a violation of division (A)(2) of this section or
a felony violation of division
(A)(3)
(A)(3)(a)
of this section if either of the following applies:
(a)
The offender previously has been convicted of or pleaded guilty to a
violation of this section or section 2903.06 of the Revised Code.
(b)
At the time of the offense, the offender was driving under suspension
under Chapter 4510. or any other provision of the Revised Code.
(3)
The court shall impose a mandatory jail term of at least seven days
on an offender who is convicted of or pleads guilty to a misdemeanor
violation of division
(A)(3)
(A)(3)(a)
or (b)
of this section and may impose upon the offender a longer jail term
as authorized pursuant to section 2929.24 of the Revised Code.
(4)
A mandatory prison term required under division (D)(1) or (2) of this
section shall be a definite term from the range of prison terms
provided in division (A)(2)(b) of section 2929.14 of the Revised Code
for a felony of the second degree, from division (A)(3)(a) of that
section for a felony of the third degree, or from division (A)(4) of
that section for a felony of the fourth degree, whichever is
applicable, except that if the violation is a felony of the second
degree committed on or after March 22, 2019, the court shall impose
as the minimum prison term for the offense a mandatory prison term
that is one of the minimum terms prescribed for a felony of the
second degree in division (A)(2)(a) of section 2929.14 of the Revised
Code.
(E)
Divisions (A)(2)(a) and
(3)
(3)(a)
of this section do not apply in a particular construction zone unless
signs of the type described in section 2903.081 of the Revised Code
are erected in that construction zone in accordance with the
guidelines and design specifications established by the director of
transportation under section 5501.27 of the Revised Code. The failure
to erect signs of the type described in section 2903.081 of the
Revised Code in a particular construction zone in accordance with
those guidelines and design specifications does not limit or affect
the application of division (A)(1)
or
,
(2)(b)
,
or (3)(b)
of this section in that construction zone or the prosecution of any
person who violates
either
any
of
those divisions in that construction zone.
(F)
As used in this section:
(1)
"Mandatory prison term" and "mandatory jail term"
have the same meanings as in section 2929.01 of the Revised Code.
(2)
"Traffic-related homicide, manslaughter, or assault offense"
and "traffic-related murder, felonious assault, or attempted
murder offense" have the same meanings as in section 2903.06 of
the Revised Code.
(3)
"Construction zone" has the same meaning as in section
5501.27 of the Revised Code.
(4)
"Reckless operation offense" and "speeding offense"
have the same meanings as in section 2903.06 of the Revised Code.
(G)
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 specified 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.
Sec.
2903.081.
(A)
As used in this section:
(1)
"Construction zone" has the same meaning as in section
5501.27 of the Revised Code.
(2)
"Reckless operation offense" and "speeding offense"
have the same meanings as in section 2903.06 of the Revised Code.
(B)
The director of transportation, board of county commissioners, or
board of township trustees shall cause signs to be erected in
construction zones notifying motorists of the prohibitions set forth
in sections 2903.06 and 2903.08 of the Revised Code regarding the
death of or injury to any person in the construction zone as a
proximate result of a reckless operation offense or speeding offense
in the construction zone. The prohibitions set forth in divisions
(A)(2)(b) and (3)(b) of section 2903.06 and divisions (A)(2)(a) and
(3)
(3)(a)
of section 2903.08 of the Revised Code apply to persons who commit a
reckless operation offense or speeding offense in a particular
construction zone only when signs of that nature are erected in that
construction zone in accordance with the guidelines and design
specifications established by the director under section 5501.27 of
the Revised Code. The failure to erect signs of that nature in a
particular construction zone in accordance with those guidelines and
design specifications does not limit or affect the application of
division (A)(1), (A)(2)(a), (A)(3)(a), or (A)(4) of section 2903.06
or division (A)(1)
or
,
(2)(b)
,
or (3)(b)
of section 2903.08 of the Revised Code in that construction zone or
the prosecution of any person who violates either of those divisions
in that construction zone.
Sec.
4511.14.
Whenever
special pedestrian control signals exhibiting the words "walk"
or "don't walk," or the symbol of a walking person or an
upraised palm are in place, such signals shall indicate the following
instructions:
(A)
(A)(1)
A steady walking person signal indication, which symbolizes "walk,"
means that a pedestrian facing the signal indication is permitted to
start to cross the roadway in the direction of the signal indication
,
possibly in conflict with turning vehicles
.
The
(2)
The
pedestrian
shall yield the right-of-way to vehicles lawfully within the
intersection at the time that the walking person signal indication is
first shown.
(B)
A flashing upraised hand signal indication, which symbolizes "don't
walk," means that a pedestrian shall not start to cross the
roadway in the direction of the signal indication, but that any
pedestrian who has already started to cross on a steady walking
person signal indication shall proceed to the far side of the
traveled way of the street or highway, unless otherwise directed by a
traffic control device to proceed only to the median of a divided
highway or only to some other island or pedestrian refuge area.
(C)
A steady upraised hand signal indication means that a pedestrian
shall not enter the roadway in the direction of the signal
indication.
(D)
Nothing in this section shall be construed to invalidate the
continued use of pedestrian control signals utilizing the word "wait"
if those signals were installed prior to March 28, 1985.
(E)
A flashing walking person signal indication has no meaning and shall
not be used.
Sec.
4511.46.
(A)
When
highway traffic signals are not in place, not in operation, or are
not clearly assigning the right-of-way, the
The
driver
of a vehicle, trackless trolley, or streetcar shall
stop
and
yield
the right of way
,
slowing down or stopping if need be to so yield or if required by
section 4511.132 of the Revised Code,
to a pedestrian crossing the roadway
lawfully
within
a crosswalk when the pedestrian is
upon
the half of the roadway upon which the vehicle is traveling, or when
the pedestrian is approaching so closely from the opposite half of
the roadway as to be in danger
in
any of the following lanes:
(1)
The lane in which the driver's vehicle is traveling;
(2)
The lane adjacent to the lane in which the driver's vehicle is
traveling;
(3)
The lane into which the driver's vehicle is turning;
(4)
The lane adjacent to a lane into which the driver's vehicle is
turning
.
(B)
No pedestrian shall suddenly leave a curb or other place of safety
and walk or run into the path of a vehicle, trackless trolley, or
streetcar which is so close as to constitute an immediate hazard.
(C)
Division (A) of this section does not apply under the conditions
stated in division (B) of section 4511.48 of the Revised Code.
(D)
Whenever any vehicle, trackless trolley, or streetcar is stopped at a
marked crosswalk or at any unmarked crosswalk at an intersection to
permit a pedestrian to cross the roadway, the driver of any other
vehicle, trackless trolley, or streetcar approaching from the rear
shall not overtake and pass the stopped vehicle.
(E)
Except as otherwise provided in this division, whoever violates this
section is guilty of a
minor
misdemeanor
of the fourth degree
.
If, within one year of the offense, the offender previously has been
convicted of or pleaded guilty to one predicate motor vehicle or
traffic offense, whoever violates this section is guilty of a
misdemeanor of the
fourth
third
degree.
If, within one year of the offense, the offender previously has been
convicted of two or more predicate motor vehicle or traffic offenses,
whoever violates this section is guilty of a misdemeanor of the
third
second
degree.
If
the offender commits the offense while distracted and the distracting
activity is a contributing factor to the commission of the offense,
the offender is subject to the additional fine established under
section 4511.991 of the Revised Code.
Section
2.
That
existing sections
2903.08,
2903.081,
4511.14
,
and 4511.46 of the Revised Code are hereby repealed.