H. B. No. 56 As Introduced

Representatives Raussen, Seitz, Brinkman, McGregor, D. Evans, Fessler, Aslanides, Koziura, Barrett, Reidelbach, Gilb, Buehrer, Hood, Daniels, Taylor, Martin, Gibbs, Faber, Raga, Blessing, Schneider, Uecker, Bubp, J. Stewart, Schaffer, Webster

A BILL

To enact section 4511.092 of the Revised Code to 1
generally prohibit the use by law enforcement 2
agencies of traffic law photo-monitoring devices. 3

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

       Section 1. That section 4511.092 of the Revised Code be 4
enacted to read as follows: 5

       Sec. 4511.092. (A) As used in this section: 6

        (1) "Law enforcement agency" means the state highway patrol 7
and any law enforcement agency of a local authority. 8

        (2) "Law enforcement officer" means a state highway patrol 9
trooper and any law enforcement officer employed by a law 10
enforcement agency of a local authority. 11

        (3) "Local authority" means a municipal corporation, county, 12
or township. 13

        (4) "School zone" has the same meaning as in section 4511.21 14
of the Revised Code. 15

        (5) "Traffic law photo-monitoring device" means an electronic 16
system consisting of a photographic, video, or electronic camera 17
and a means of sensing the presence of a motor vehicle that 18
automatically produces photographs, videotape, or digital images 19
of the vehicle, its operator, or its license plate. 20

        (B)(1) Except as provided in division (B)(2) of this section, 21
no law enforcement agency shall use a traffic law photo-monitoring 22
device to determine compliance with, or to detect a violation of, 23
a municipal ordinance or any provision of the Revised Code that 24
governs or regulates the operation of motor vehicles. 25

        (2) Division (B)(1) of this section does not apply to the use 26
of a traffic law photo-monitoring device when a law enforcement 27
officer is present at the location of the traffic law 28
photo-monitoring device and issues tickets, citations, or 29
summonses at the general time and general location of the traffic 30
law violations. 31

Section 1. That section 4511.092 of the Revised Code be	4
enacted to read as follows:	5

(1) "Law enforcement agency" means the state highway patrol	7
and any law enforcement agency of a local authority.	8

(2) "Law enforcement officer" means a state highway patrol	9
trooper and any law enforcement officer employed by a law	10
enforcement agency of a local authority.	11

(3) "Local authority" means a municipal corporation, county,	12
or township.	13

(4) "School zone" has the same meaning as in section 4511.21	14
of the Revised Code.	15

(5) "Traffic law photo-monitoring device" means an electronic	16
system consisting of a photographic, video, or electronic camera	17
and a means of sensing the presence of a motor vehicle that	18
automatically produces photographs, videotape, or digital images	19
of the vehicle, its operator, or its license plate.	20

(B)(1) Except as provided in division (B)(2) of this section,	21
no law enforcement agency shall use a traffic law photo-monitoring	22
device to determine compliance with, or to detect a violation of,	23
a municipal ordinance or any provision of the Revised Code that	24
governs or regulates the operation of motor vehicles.	25

(2) Division (B)(1) of this section does not apply to the use	26
of a traffic law photo-monitoring device when a law enforcement	27
officer is present at the location of the traffic law	28
photo-monitoring device and issues tickets, citations, or	29
summonses at the general time and general location of the traffic	30
law violations.	31