As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 29 5
1999-2000 6
REPRESENTATIVES GRENDELL-PRINGLE-CLANCY-SCHULER-JERSE- 8
TAYLOR-MOTTLEY 9
10
A B I L L
To amend section 2921.331 of the Revised Code to 11
increase the penalty for "failure to comply with 12
an order or signal of a police officer" regarding 13
the dangerous operation of a motor vehicle. 15
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 17
Section 1. That section 2921.331 of the Revised Code be 19
amended to read as follows: 20
Sec. 2921.331. (A) No person shall fail to comply with 29
any lawful order or direction of any police officer invested with 30
authority to direct, control, or regulate traffic. 31
(B) No person shall operate a motor vehicle so as 33
willfully to elude or flee a police officer after receiving a 34
visible or audible signal from a police officer to bring his THE 35
PERSON'S motor vehicle to a stop. 36
(C)(1) Whoever violates this section is guilty of failure 38
to comply with an order or signal of a police officer. A 39
(2) A violation of division (A) of this section is a 42
misdemeanor of the first degree. A 43
(3) EXCEPT AS PROVIDED IN DIVISIONS (C)(4) AND (5) OF THIS 46
SECTION, A violation of division (B) of this section is a
misdemeanor of the first degree, except that a. 47
(4) EXCEPT AS PROVIDED IN DIVISION (C)(5) OF THIS SECTION, 49
A violation of division (B) of this section is a felony of the 51
fourth degree if the jury or judge as trier of fact finds any one 52
of the following by proof beyond a reasonable doubt: 53
2
(1)(a) In committing the offense, the offender was fleeing 55
immediately after the commission of a felony; 56
(2). 58
(b) The operation of the motor vehicle by the offender was 60
a proximate cause of serious physical harm to persons or 62
property;
(3). 64
(c) The operation of the motor vehicle by the offender 66
caused a substantial risk of serious physical harm to persons or 67
property. 68
(5) A VIOLATION OF DIVISION (B) OF THIS SECTION IS A 70
FELONY OF THE SECOND DEGREE IF THE JURY OR JUDGE AS TRIER OF FACT 71
FINDS BY PROOF BEYOND A REASONABLE DOUBT THAT IN OPERATING THE 72
MOTOR VEHICLE THE OFFENDER EITHER CREATED A SUBSTANTIAL RISK OF 73
SERIOUS PHYSICAL HARM TO PERSONS OR PROPERTY OR CAUSED SERIOUS 74
PHYSICAL HARM TO PERSONS OR PROPERTY BY DOING BOTH OF THE 75
FOLLOWING:
(a) OPERATING THE MOTOR VEHICLE FOR A SIGNIFICANT PERIOD 77
OF TIME AT A RATE OF SPEED AT LEAST THIRTY-FIVE MILES PER HOUR IN 79
EXCESS OF THE APPLICABLE SPEED LIMIT AND IN AN AREA WITH HEAVY 81
VEHICULAR OR PEDESTRIAN TRAFFIC;
(b) ONE OF THE FOLLOWING: 83
(i) FAILING TO STOP FOR TRAFFIC LIGHTS OR STOP SIGNS; 85
(ii) OPERATING THE MOTOR VEHICLE WITHOUT LIGHTED LIGHTS 87
DURING A TIME IN WHICH LIGHTED LIGHTS ARE REQUIRED. 88
(D) As used in this section, "police officer" has the same 90
meaning as in section 4511.01 of the Revised Code. 91
Section 2. That existing section 2921.331 of the Revised 93
Code is hereby repealed. 94