As Introduced

125th General Assembly
Regular Session
2003-2004
H. B. No. 50


Representatives Hughes, Latta, Flowers, J. Stewart, Gilb, McGregor, DePiero, Redfern, Allen, Seaver, Schaffer, Barrett, Young, Schmidt, Grendell 



A BILL
To amend section 4549.99 of the Revised Code to1
increase the penalty for failure to stop after an2
accident if the violation caused the death of a3
person and to amend the versions of sections4
4549.02 and 4549.021 of the Revised Code that are5
scheduled to take effect January 1, 2004, to6
continue the provisions of this act on and after7
that effective date.8


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

       Section 1. That section 4549.99 of the Revised Code be9
amended to read as follows:10

       Sec. 4549.99.  (A) Whoever violates section 4549.01, 4549.10, 11
4549.11, or 4549.12 of the Revised Code is guilty of a minor 12
misdemeanor on a first offense and a misdemeanor of the fourth13
degree on each subsequent offense.14

       (B) Except as otherwise provided in this division, whoever15
violates section 4549.02, 4549.021, or 4549.03 of the Revised Code16
is guilty of a misdemeanor of the first degree. Whoever violates17
section 4549.02 or 4549.021 of the Revised Code when the accident18
or collision that is the basis of the violation results in serious19
physical harm or death to a person is guilty of a felony of the20
fifth degree and whoever violates those sections when the accident21
or collision that is the basis of the violation results in the22
death of a person is guilty of a felony of the third degree.23

       (C) Whoever violates section 4549.042 or sections 4549.41 to24
4549.46 of the Revised Code is guilty of a felony of the fourth25
degree on a first offense and a felony of the third degree on each26
subsequent offense. The prosecuting attorney of the proper county, 27
or the attorney general by information or complaint, may bring a 28
criminal action in the courts of common pleas of this state, or in 29
any other court of competent jurisdiction, to enforce the 30
provisions of sections 4549.41 to 4549.51 of the Revised Code. The 31
attorney general and the prosecuting attorney of the county in32
which a person licensed or granted a permit under Chapter 4517. of33
the Revised Code is convicted of, or pleads guilty to, a violation34
of sections 4549.41 to 4549.46 of the Revised Code shall report35
the conviction or guilty plea to the registrar of motor vehicles36
within five business days.37

       (D) Whoever violates section 4549.08 of the Revised Code is38
guilty of a misdemeanor of the fourth degree on a first offense39
and a misdemeanor of the third degree on each subsequent offense.40

       (E) Whoever violates section 4549.18 or division (D)(4)(c) of 41
section 4549.62 of the Revised Code is guilty of a minor42
misdemeanor.43

       (F) Whoever violates division (A), (B), (C), or (D)(1) of44
section 4549.62 of the Revised Code is guilty of a felony of the45
fifth degree on a first offense and a felony of the fourth degree46
on each subsequent offense.47

       Section 2. That existing section 4549.99 of the Revised Code48
is hereby repealed.49

       Section 3. The amendment of section 4549.99 of the Revised50
Code by this act is not intended to supersede the earlier repeal,51
with delayed effective date, of that section by Am. Sub. S.B. 12352
of the 124th General Assembly.53

       Section 4. That the versions of sections 4549.02 and 4549.02154
of the Revised Code that are scheduled to take effect January 1,55
2004, be amended to read as follows:56

       Sec. 4549.02.  (A) In case of accident to or collision with57
persons or property upon any of the public roads or highways, due58
to the driving or operation thereon of any motor vehicle, the59
person driving or operating the motor vehicle, having knowledge of 60
the accident or collision, immediately shall stop the driver's or 61
operator's motor vehicle at the scene of the accident or collision 62
and shall remain at the scene of the accident or collision until 63
the driver or operator has given the driver's or operator's name 64
and address and, if the driver or operator is not the owner, the65
name and address of the owner of that motor vehicle, together with 66
the registered number of that motor vehicle, to any person injured 67
in the accident or collision or to the operator, occupant, owner, 68
or attendant of any motor vehicle damaged in the accident or 69
collision, or to any police officer at the scene of the accident 70
or collision.71

       In the event the injured person is unable to comprehend and72
record the information required to be given by this section, the73
other driver involved in the accident or collision forthwith shall 74
notify the nearest police authority concerning the location of the 75
accident or collision, and the driver's name, address, and the 76
registered number of the motor vehicle the driver was operating,77
and then remain at the scene of the accident or collision until a 78
police officer arrives, unless removed from the scene by an 79
emergency vehicle operated by a political subdivision or an 80
ambulance.81

       If the accident or collision is with an unoccupied or82
unattended motor vehicle, the operator who collides with the motor 83
vehicle shall securely attach the information required to be given 84
in this section, in writing, to a conspicuous place in or on the 85
unoccupied or unattended motor vehicle.86

       (B) Whoever violates division (A) of this section is guilty87
of failure to stop after an accident, a misdemeanor of the first88
degree. If the violation results in serious physical harm or death89
to a person, failure to stop after an accident is a felony of the 90
fifth degree. If the violation results in the death of a person, 91
failure to stop after an accident is a felony of the third degree.92
The court, in addition to any other penalties provided by law, 93
shall impose upon the offender a class five suspension of the94
offender's driver's license, commercial driver's license,95
temporary instruction permit, probationary license, or nonresident96
operating privilege from the range specified in division (A)(5) of97
section 4510.02 of the Revised Code. No judge shall suspend the98
first six months of suspension of an offender's license, permit,99
or privilege required by this division.100

       Sec. 4549.021.  (A) In case of accident or collision101
resulting in injury or damage to persons or property upon any102
public or private property other than public roads or highways,103
due to the driving or operation thereon of any motor vehicle, the104
person driving or operating the motor vehicle, having knowledge of 105
the accident or collision, shall stop, and, upon request of the106
person injured or damaged, or any other person, shall give that107
person the driver's or operator's name and address, and, if the 108
driver or operator is not the owner, the name and address of the 109
owner of that motor vehicle, together with the registered number 110
of that motor vehicle, and, if available, exhibit the driver's or 111
operator's driver's or commercial driver's license.112

       If the owner or person in charge of the damaged property is113
not furnished such information, the driver of the motor vehicle114
involved in the accident or collision, within twenty-four hours115
after the accident or collision, shall forward to the police116
department of the city or village in which the accident or117
collision occurred or if it occurred outside the corporate limits118
of a city or village to the sheriff of the county in which the119
accident or collision occurred the same information required to be120
given to the owner or person in control of the damaged property121
and give the date, time, and location of the accident or122
collision.123

       If the accident or collision is with an unoccupied or124
unattended motor vehicle, the operator who collides with the motor 125
vehicle shall securely attach the information required to be given 126
in this section, in writing, to a conspicuous place in or on the 127
unoccupied or unattended motor vehicle.128

       (B) Whoever violates division (A) of this section is guilty129
of failure to stop after a nonpublic road accident, a misdemeanor130
of the first degree. If the violation results in serious physical131
harm or death to a person, failure to stop after a nonpublic road132
accident is a felony of the fifth degree. If the violation results133
in the death of a person, failure to stop after a nonpublic road134
accident is a felony of the third degree. The court, in addition135
to any other penalties provided by law, shall impose upon the136
offender a class five suspension of the offender's driver's137
license, commercial driver's license, temporary instruction138
permit, probationary license, or nonresident operating privilege139
from the range specified in division (A)(5) of section 4510.02 of140
the Revised Code. No judge shall suspend the first six months of141
suspension of an offender's license, permit, or privilege required142
by this division.143

       Section 5. That the existing versions of sections 4549.02 and144
4549.021 of the Revised Code that are scheduled to take effect145
January 1, 2004, are hereby repealed.146

       Section 6. Sections 4 and 5 of this act take effect January147
1, 2004.148