H. B. No. 179 As Introduced

Representatives Wolpert, McGregor, DeWine, C. Evans, Carano, Schmidt, Flowers, Aslanides, D. Evans, Gibbs, Allen

A BILL

To amend section 2913.02 of the Revised Code to 1
require a suspension of the driver's license of a 2
person who causes a motor vehicle to leave the 3
premises of a retail gasoline establishment 4
without full payment for gasoline dispensed into 5
the motor vehicles's fuel tank or another 6
container and to declare that those sections in 7
the Revised Code that regulate theft of gasoline 8
in certain circumstances are general laws. 9

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That section 2913.02 of the Revised Code be 10
amended to read as follows: 11

       Sec. 2913.02. (A) No person, with purpose to deprive the 12
owner of property or services, shall knowingly obtain or exert 13
control over either the property or services in any of the 14
following ways: 15

       (1) Without the consent of the owner or person authorized to 16
give consent; 17

       (2) Beyond the scope of the express or implied consent of the 18
owner or person authorized to give consent; 19

       (3) By deception; 20

       (4) By threat; 21

       (5) By intimidation. 22

       (B)(1) Whoever violates this section is guilty of theft. 23

       (2) Except as otherwise provided in this division or division 24
(B)(3), (4), (5), or (6) of this section, a violation of this 25
section is petty theft, a misdemeanor of the first degree. If the 26
value of the property or services stolen is five hundred dollars 27
or more and is less than five thousand dollars or if the property 28
stolen is any of the property listed in section 2913.71 of the 29
Revised Code, a violation of this section is theft, a felony of 30
the fifth degree. If the value of the property or services stolen 31
is five thousand dollars or more and is less than one hundred 32
thousand dollars, a violation of this section is grand theft, a 33
felony of the fourth degree. If the value of the property or 34
services stolen is one hundred thousand dollars or more, a 35
violation of this section is aggravated theft, a felony of the 36
third degree. 37

       (3) Except as otherwise provided in division (B)(4), (5), or 38
(6) of this section, if the victim of the offense is an elderly 39
person or disabled adult, a violation of this section is theft 40
from an elderly person or disabled adult, and division (B)(3) of 41
this section applies. Except as otherwise provided in this 42
division, theft from an elderly person or disabled adult is a 43
felony of the fifth degree. If the value of the property or 44
services stolen is five hundred dollars or more and is less than 45
five thousand dollars, theft from an elderly person or disabled 46
adult is a felony of the fourth degree. If the value of the 47
property or services stolen is five thousand dollars or more and 48
is less than twenty-five thousand dollars, theft from an elderly 49
person or disabled adult is a felony of the third degree. If the 50
value of the property or services stolen is twenty-five thousand 51
dollars or more, theft from an elderly person or disabled adult is 52
a felony of the second degree. 53

       (4) If the property stolen is a firearm or dangerous 54
ordnance, a violation of this section is grand theft, a felony of 55
the fourth degree. 56

       (5) If the property stolen is a motor vehicle, a violation of 57
this section is grand theft of a motor vehicle, a felony of the 58
fourth degree. 59

       (6) If the property stolen is any dangerous drug, a violation 60
of this section is theft of drugs, a felony of the fourth degree, 61
or, if the offender previously has been convicted of a felony drug 62
abuse offense, a felony of the third degree. 63

       (7) In addition to the penalties described in division (B)(2) 64
of this section, if the offender committed the violation by 65
causing a motor vehicle to leave the premises of an establishment 66
at which gasoline is offered for retail sale without the offender 67
making full payment for gasoline that was dispensed into the fuel 68
tank of the motor vehicle or into another container, the court 69
shall do one of the following: 70

        (a) Unless division (B)(7)(b) of this section applies, 71
suspend for six months the offender's driver's license, 72
probationary driver's license, commercial driver's license, 73
temporary instruction permit, or nonresident operating privilege; 74

        (b) If the offender's driver's license, probationary driver's 75
license, commercial driver's license, temporary instruction 76
permit, or nonresident operating privilege has previously been 77
suspended pursuant to division (B)(7)(a) of this section, suspend 78
the person's license, permit, or privilege for one year. 79

       (C) The sentencing court that suspends an offender's license, 80
permit, or nonresident operating privilege under division (B)(7) 81
of this section may grant the offender driving privileges during 82
the period of the suspension for the following purposes: 83

       (1) To drive to and from the offender's place of employment 84
or school; 85

       (2) To drive as necessary in situations involving a medical 86
emergency. 87

       Section 2. That existing section 2913.02 of the Revised Code 88
is hereby repealed. 89

       Section 3. The General Assembly declares that the sections of 90
the Revised Code that regulate persons who leave the premises of 91
establishments at which gasoline is offered for retail sale 92
without the person making full payment for gasoline that was 93
dispensed at that establishment, including section 2913.02 of the 94
Revised Code, are general laws that completely fill the field of 95
regulation of that nature. Any municipal ordinance that prohibits 96
establishments at which gasoline is offered for retail sale from 97
requiring the prepayment of gasoline is in conflict with those 98
general laws. 99

Section 1. That section 2913.02 of the Revised Code be	10
amended to read as follows:	11

Sec. 2913.02. (A) No person, with purpose to deprive the	12
owner of property or services, shall knowingly obtain or exert	13
control over either the property or services in any of the	14
following ways:	15

(1) Without the consent of the owner or person authorized to	16
give consent;	17

(2) Beyond the scope of the express or implied consent of the	18
owner or person authorized to give consent;	19

(2) Except as otherwise provided in this division or division	24
(B)(3), (4), (5), or (6) of this section, a violation of this	25
section is petty theft, a misdemeanor of the first degree. If the	26
value of the property or services stolen is five hundred dollars	27
or more and is less than five thousand dollars or if the property	28
stolen is any of the property listed in section 2913.71 of the	29
Revised Code, a violation of this section is theft, a felony of	30
the fifth degree. If the value of the property or services stolen	31
is five thousand dollars or more and is less than one hundred	32
thousand dollars, a violation of this section is grand theft, a	33
felony of the fourth degree. If the value of the property or	34
services stolen is one hundred thousand dollars or more, a	35
violation of this section is aggravated theft, a felony of the	36
third degree.	37

(3) Except as otherwise provided in division (B)(4), (5), or	38
(6) of this section, if the victim of the offense is an elderly	39
person or disabled adult, a violation of this section is theft	40
from an elderly person or disabled adult, and division (B)(3) of	41
this section applies. Except as otherwise provided in this	42
division, theft from an elderly person or disabled adult is a	43
felony of the fifth degree. If the value of the property or	44
services stolen is five hundred dollars or more and is less than	45
five thousand dollars, theft from an elderly person or disabled	46
adult is a felony of the fourth degree. If the value of the	47
property or services stolen is five thousand dollars or more and	48
is less than twenty-five thousand dollars, theft from an elderly	49
person or disabled adult is a felony of the third degree. If the	50
value of the property or services stolen is twenty-five thousand	51
dollars or more, theft from an elderly person or disabled adult is	52
a felony of the second degree.	53

(4) If the property stolen is a firearm or dangerous	54
ordnance, a violation of this section is grand theft, a felony of	55
the fourth degree.	56

(5) If the property stolen is a motor vehicle, a violation of	57
this section is grand theft of a motor vehicle, a felony of the	58
fourth degree.	59

(6) If the property stolen is any dangerous drug, a violation	60
of this section is theft of drugs, a felony of the fourth degree,	61
or, if the offender previously has been convicted of a felony drug	62
abuse offense, a felony of the third degree.	63

(7) In addition to the penalties described in division (B)(2)	64
of this section, if the offender committed the violation by	65
causing a motor vehicle to leave the premises of an establishment	66
at which gasoline is offered for retail sale without the offender	67
making full payment for gasoline that was dispensed into the fuel	68
tank of the motor vehicle or into another container, the court	69
shall do one of the following:	70

(a) Unless division (B)(7)(b) of this section applies,	71
suspend for six months the offender's driver's license,	72
probationary driver's license, commercial driver's license,	73
temporary instruction permit, or nonresident operating privilege;	74

(b) If the offender's driver's license, probationary driver's	75
license, commercial driver's license, temporary instruction	76
permit, or nonresident operating privilege has previously been	77
suspended pursuant to division (B)(7)(a) of this section, suspend	78
the person's license, permit, or privilege for one year.	79

(C) The sentencing court that suspends an offender's license,	80
permit, or nonresident operating privilege under division (B)(7)	81
of this section may grant the offender driving privileges during	82
the period of the suspension for the following purposes:	83

(1) To drive to and from the offender's place of employment	84
or school;	85

(2) To drive as necessary in situations involving a medical	86
emergency.	87

Section 2. That existing section 2913.02 of the Revised Code	88
is hereby repealed.	89

Section 3. The General Assembly declares that the sections of	90
the Revised Code that regulate persons who leave the premises of	91
establishments at which gasoline is offered for retail sale	92
without the person making full payment for gasoline that was	93
dispensed at that establishment, including section 2913.02 of the	94
Revised Code, are general laws that completely fill the field of	95
regulation of that nature. Any municipal ordinance that prohibits	96
establishments at which gasoline is offered for retail sale from	97
requiring the prepayment of gasoline is in conflict with those	98
general laws.	99