As Reported by House Criminal Justice Committee 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 29 5
1999-2000 6
REPRESENTATIVES GRENDELL-PRINGLE-CLANCY-SCHULER-JERSE- 8
TAYLOR-MOTTLEY-WILLAMOWSKI-WOMER BENJAMIN 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) A VIOLATION OF DIVISION (B) OF THIS SECTION IS A 70
FELONY OF THE THIRD DEGREE IF THE JURY OR JUDGE AS TRIER OF FACT 71
FINDS ANY OF THE FOLLOWING BY PROOF BEYOND A REASONABLE DOUBT: 73
(i) THE OPERATION OF THE MOTOR VEHICLE BY THE OFFENDER WAS 76
A PROXIMATE CAUSE OF SERIOUS PHYSICAL HARM TO PERSONS. 77
(ii) THE OPERATION OF THE MOTOR VEHICLE BY THE OFFENDER 80
CAUSED A SUBSTANTIAL RISK OF SERIOUS PHYSICAL HARM TO PERSONS. 81
(b) IF A POLICE OFFICER PURSUES AN OFFENDER WHO IS 83
VIOLATING DIVISION (B) OF THIS SECTION AND DIVISION (C)(5)(a) OF 86
THIS SECTION APPLIES, THE SENTENCING COURT, IN SENTENCING AN 87
OFFENDER FOR A VIOLATION OF DIVISION (B) OF THIS SECTION, SHALL 88
CONSIDER, ALONG WITH THE FACTORS SET FORTH IN SECTIONS 2929.12 89
AND 2929.13 OF THE REVISED CODE, ALL OF THE FOLLOWING: 92
(i) THE DURATION OF THE PURSUIT; 95
(ii) THE DISTANCE OF THE PURSUIT; 98
(iii) THE RATE OF SPEED AT WHICH THE OFFENDER OPERATED THE 101
MOTOR VEHICLE DURING THE PURSUIT;
(iv) WHETHER THE OFFENDER FAILED TO STOP FOR TRAFFIC 104
LIGHTS OR STOP SIGNS DURING THE PURSUIT;
(v) THE NUMBER OF TRAFFIC LIGHTS OR STOP SIGNS FOR WHICH 107
THE OFFENDER FAILED TO STOP DURING THE PURSUIT;
(vi) WHETHER THE OFFENDER OPERATED THE MOTOR VEHICLE 110
DURING THE PURSUIT WITHOUT LIGHTED LIGHTS DURING A TIME WHEN
LIGHTED LIGHTS ARE REQUIRED; 112
3
(vii) WHETHER THE OFFENDER COMMITTED A MOVING VIOLATION 115
DURING THE PURSUIT;
(viii) THE NUMBER OF MOVING VIOLATIONS THE OFFENDER 118
COMMITTED DURING THE PURSUIT; 119
(ix) ANY OTHER RELEVANT FACTORS INDICATING THAT THE 122
OFFENDER'S CONDUCT IS MORE SERIOUS THAN CONDUCT NORMALLY 123
CONSTITUTING THE OFFENSE.
(D) IF AN OFFENDER IS SENTENCED PURSUANT TO DIVISION 125
(C)(4) OR (5) OF THIS SECTION FOR A VIOLATION OF DIVISION (B) OF 126
THIS SECTION, AND IF THE OFFENDER IS SENTENCED TO A PRISON TERM 127
FOR THAT VIOLATION, THE OFFENDER SHALL SERVE THE PRISON TERM 128
CONSECUTIVELY TO ANY OTHER PRISON TERM OR MANDATORY PRISON TERM 129
IMPOSED UPON THE OFFENDER.
(E) As used in this section, "police: 131
(1) "MOVING VIOLATION" HAS THE SAME MEANING AS IN SECTION 133
2743.70 OF THE REVISED CODE.
(2) "POLICE officer" has the same meaning as in section 136
4511.01 of the Revised Code.
Section 2. That existing section 2921.331 of the Revised 138
Code is hereby repealed. 139