As Passed by the Senate

127th General Assembly Regular Session 2007-2008

Am. Sub. H. B. No. 320

Representative Jones 

Cosponsors: Representatives Brown, Evans, McGregor, J., Schindel, Stebelton, Uecker, Combs, Domenick, Newcomb, Ujvagi, Wachtmann, Boyd, Chandler, DeBose, DeGeeter, Dyer, Gardner, Heard, Hite, Hottinger, Koziura, Oelslager, Schneider, Skindell, Widener, Williams, S., Yates, Yuko 

Senators Miller, D., Austria, Lehner, Kearney, Stivers, Morano, Padgett 

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A BILL

To amend sections 4507.071, 4511.093, 4511.81, and

1

4513.263 of the Revised Code to require certain

2

children who are between four and eight years of

3

age to be secured in a booster seat, to make

4

violation of the booster seat provisions a

5

secondary traffic offense, and to allow a court,

6

under certain circumstances, to grant

7

unaccompanied driving privileges one time to a

8

probationary driver's license holder who, because

9

of a moving violation, otherwise would be subject

10

to a restriction that the person be accompanied

11

by the holder's parent or guardian.

12

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

Section 1. That sections 4507.071, 4511.093, 4511.81, and	13
4513.263 of the Revised Code be amended to read as follows:	14

Sec. 4507.071.  (A) No driver's license shall be issued to	15
any person under eighteen years of age, except that a probationary	16
license may be issued to a person who is at least sixteen years of	17
age and has held a temporary instruction permit for a period of at	18
least six months.	19

(B)(1)(a) No holder of a probationary driver's license who	20
has not attained the age of seventeen years shall operate a motor	21
vehicle upon a highway or any public or private property used by	22
the public for purposes of vehicular travel or parking between the	23
hours of midnight and six a.m. unless the holder is accompanied by	24
the holder's parent or guardian.	25

(b) No holder of a probationary driver's license who has	26
attained the age of seventeen years but has not attained the age	27
of eighteen years shall operate a motor vehicle upon a highway or	28
any public or private property used by the public for purposes of	29
vehicular travel or parking between the hours of one a.m. and five	30
a.m. unless the holder is accompanied by the holder's parent or	31
guardian.	32

(2)(a) Subject to division (D)(1)(a) of this section,	33
division (B)(1)(a) of this section does not apply to the holder of	34
a probationary driver's license who is traveling to or from work	35
between the hours of midnight and six a.m. and has in the holder's	36
immediate possession written documentation from the holder's	37
employer.	38

(b) Division (B)(1)(b) of this section does not apply to the	39
holder of a probationary driver's license who is traveling to or	40
from work between the hours of one a.m. and five a.m. and has in	41
the holder's immediate possession written documentation from the	42
holder's employer.	43

(3) An employer is not liable in damages in a civil action	44
for any injury, death, or loss to person or property that	45
allegedly arises from, or is related to, the fact that the	46
employer provided an employee who is the holder of a probationary	47
driver's license with the written documentation described in	48
division (B)(2) of this section.	49

The registrar of motor vehicles shall make available at no	50
cost a form to serve as the written documentation described in	51
division (B)(2) of this section, and employers and holders of	52
probationary driver's licenses may utilize that form or may choose	53
to utilize any other written documentation to meet the	54
requirements of that division.	55

(4) No holder of a probationary driver's license who is less	56
than seventeen years of age shall operate a motor vehicle upon a	57
highway or any public or private property used by the public for	58
purposes of vehicular travel or parking with more than one person	59
who is not a family member occupying the vehicle unless the	60
probationary license holder is accompanied by the probationary	61
license holder's parent, guardian, or custodian.	62

(C) It is an affirmative defense to a violation of division	63
(B)(1)(a) or (b) of this section if, at the time of the violation,	64
the holder of the probationary driver's license was traveling to	65
or from an official function sponsored by the school the holder	66
attends, or an emergency existed that required the holder to	67
operate a motor vehicle in violation of division (B)(1)(a) or (b)	68
of this section, or the holder was an emancipated minor.	69

(D)(1)(a) IfExcept as otherwise provided in division (D)(2)	70
of this section, if a person is issued a probationary driver's	71
license prior to attaining the age of seventeen years and the	72
person pleads guilty to, is convicted of, or is adjudicated in	73
juvenile court of having committed a moving violation during the	74
six-month period commencing on the date on which the person is	75
issued the probationary driver's license, the holder must be	76
accompanied by the holder's parent or guardian whenever the holder	77
is operating a motor vehicle upon a highway or any public or	78
private property used by the public for purposes of vehicular	79
travel or parking during whichever of the following time periods	80
applies:	81

(i) If, on the date the holder of the probationary driver's	82
license pleads guilty to, is convicted of, or is adjudicated in	83
juvenile court of having committed the moving violation, the	84
holder has not attained the age of sixteen years six months,	85
during the six-month period commencing on that date;	86

(ii) If, on the date the holder pleads guilty to, is	87
convicted of, or is adjudicated in juvenile court of having	88
committed the moving violation, the holder has attained the age of	89
sixteen years six months but not seventeen years, until the person	90
attains the age of seventeen years.	91

(b) If the holder of a probationary driver's license commits	92
a moving violation during the six-month period after the person is	93
issued the probationary driver's license and before the person	94
attains the age of seventeen years and on the date the person	95
pleads guilty to, is convicted of, or is adjudicated in juvenile	96
court of having committed the moving violation the person has	97
attained the age of seventeen years, or if the person commits the	98
moving violation during the six-month period after the person is	99
issued the probationary driver's license and after the person	100
attains the age of seventeen years, the holder is not subject to	101
the restriction described in divisions (D)(1)(a)(i) and (ii) of	102
this section unless the court or juvenile court imposes such a	103
restriction upon the holder.	104

(2) Any person who is subject to the operating restrictions	105
established under division (D)(1) of this section as a result of a	106
first moving violation may petition the court for occupational or	107
educational driving privileges without being accompanied by the	108
holder's parent or guardian during the period of time specified in	109
that division. The court may grant the person such driving	110
privileges if the court finds reasonable cause to believe that the	111
restrictions established in division (D)(1) will seriously affect	112
the person's ability to continue in employment or educational	113
training or will cause undue hardship on the license holder or a	114
family member of the license holder. In granting the driving	115
privileges, the court shall specify the purposes, times, and	116
places of the privileges and shall issue the person appropriate	117
forms setting forth the privileges granted. Occupational or	118
educational driving privileges under this division shall not be	119
granted to the same person more than once. If a person is	120
convicted of, pleads guilty to, or is adjudicated in juvenile	121
court of having committed a second or subsequent moving	122
violation, any driving privileges previously granted under this	123
division are terminated upon the subsequent conviction, plea, or	124
adjudication.	125

(3) No person shall violate division (D)(1)(a) of this	126
section.	127

(E) No holder of a probationary license shall operate a motor	128
vehicle upon a highway or any public or private property used by	129
the public for purposes of vehicular travel or parking unless the	130
total number of occupants of the vehicle does not exceed the total	131
number of occupant restraining devices originally installed in the	132
motor vehicle by its manufacturer, and each occupant of the	133
vehicle is wearing all of the available elements of a properly	134
adjusted occupant restraining device.	135

(F) A restricted license may be issued to a person who is	136
fourteen or fifteen years of age upon proof of hardship	137
satisfactory to the registrar of motor vehicles.	138

(G) Notwithstanding any other provision of law to the	139
contrary, no law enforcement officer shall cause the operator of a	140
motor vehicle being operated on any street or highway to stop the	141
motor vehicle for the sole purpose of determining whether each	142
occupant of the motor vehicle is wearing all of the available	143
elements of a properly adjusted occupant restraining device as	144
required by division (E) of this section, or for the sole purpose	145
of issuing a ticket, citation, or summons if the requirement in	146
that division has been or is being violated, or for causing the	147
arrest of or commencing a prosecution of a person for a violation	148
of that requirement.	149

(H) Notwithstanding any other provision of law to the	150
contrary, no law enforcement officer shall cause the operator of a	151
motor vehicle being operated on any street or highway to stop the	152
motor vehicle for the sole purpose of determining whether a	153
violation of division (B)(1)(a) or (b) of this section has been or	154
is being committed or for the sole purpose of issuing a ticket,	155
citation, or summons for such a violation or for causing the	156
arrest of or commencing a prosecution of a person for such	157
violation.	158

(I) As used in this section:

159

(1) "Occupant restraining device" has the same meaning as in	160
section 4513.263 of the Revised Code.	161

(2) "Family member" of a probationary license holder includes	162
any of the following:	163

(a) A spouse;

164

(b) A child or stepchild;

165

(c) A parent, stepparent, grandparent, or parent-in-law;

166

(d) An aunt or uncle;

167

(e) A sibling, whether of the whole or half blood or by	168
adoption, a brother-in-law, or a sister-in-law;	169

(f) A son or daughter of the probationary license holder's	170
stepparent if the stepparent has not adopted the probationary	171
license holder;	172

(g) An eligible adult, as defined in section 4507.05 of the	173
Revised Code.	174

(3) "Moving violation" means any violation of any statute or	175
ordinance that regulates the operation of vehicles, streetcars, or	176
trackless trolleys on the highways or streets. "Moving violation"	177
does not include a violation of section 4513.263 of the Revised	178
Code or a substantially equivalent municipal ordinance, or a	179
violation of any statute or ordinance regulating pedestrians or	180
the parking of vehicles, vehicle size or load limitations, vehicle	181
fitness requirements, or vehicle registration.	182

(J) Whoever violates division (B)(1) or (4), (D)(2)(3), or	183
(E) of this section is guilty of a minor misdemeanor.	184

Sec. 4511.093. (A)(1) No law enforcement officer who stops	185
the operator of a motor vehicle in the course of an authorized	186
sobriety or other motor vehicle checkpoint operation or a motor	187
vehicle safety inspection shall issue a ticket, citation, or	188
summons for a secondary traffic offense unless in the course of	189
the checkpoint operation or safety inspection the officer first	190
determines that an offense other than a secondary traffic offense	191
has occurred and either places the operator or a vehicle occupant	192
under arrest or issues a ticket, citation, or summons to the	193
operator or a vehicle occupant for an offense other than a	194
secondary offense.	195

(2) A law enforcement agency that operates a motor vehicle	196
checkpoint for an express purpose related to a secondary traffic	197
offense shall not issue a ticket, citation, or summons for any	198
secondary traffic offense at such a checkpoint, but may use such a	199
checkpoint operation to conduct a public awareness campaign and	200
distribute information.	201

(B) As used in this section, "secondary traffic offense"	202
means a violation of division (A) or (F)(2) of section 4507.05,	203
division (B)(1)(a) or (b) or (E) of section 4507.071, division	204
(C) or (D) of section 4511.81, or division (B) of section	205
4513.263 of the Revised Code.	206

Sec. 4511.81.  (A) When any child who is in either or both of	207
the following categories is being transported in a motor vehicle,	208
other than a taxicab or public safety vehicle as defined in	209
section 4511.01 of the Revised Code, that is required by the	210
United States department of transportation to be equipped with	211
seat belts at the time of manufacture or assembly, the operator of	212
the motor vehicle shall have the child properly secured in	213
accordance with the manufacturer's instructions in a child	214
restraint system that meets federal motor vehicle safety	215
standards:	216

(1) A child who is less than four years of age;

217

(2) A child who weighs less than forty pounds.

218

(B) When any child who is in either or both of the following	219
categories is being transported in a motor vehicle, other than a	220
taxicab, that is owned, leased, or otherwise under the control of	221
a nursery school or day-care center, the operator of the motor	222
vehicle shall have the child properly secured in accordance with	223
the manufacturer's instructions in a child restraint system that	224
meets federal motor vehicle safety standards:	225

(1) A child who is less than four years of age;

226

(2) A child who weighs less than forty pounds.

227

(C) When any child who is less than eight years of age and	228
less than four feet nine inches in height, who is not required by	229
division (A) or (B) of this section to be secured in a child	230
restraint system, is being transported in a motor vehicle, other	231
than a taxicab or public safety vehicle as defined in section	232
4511.01 of the Revised Code or a vehicle that is regulated under	233
section 5104.011 of the Revised Code, that is required by the	234
United States department of transportation to be equipped with	235
seat belts at the time of manufacture or assembly, the operator	236
of the motor vehicle shall have the child properly secured in	237
accordance with the manufacturer's instructions on a booster	238
seat that meets federal motor vehicle safety standards.	239

(D) When any child who is at least foureight years of age	240
but not older than fifteen years of age, and who is not	241
otherwise required by division (A), (B), or (C) of this section	242
to be secured in a child restraint system or booster seat, is	243
being transported in a motor vehicle, other than a taxicab or	244
public safety vehicle as defined in section 4511.01 of the	245
Revised Code, that is required by the United States department of	246
transportation to be equipped with seat belts at the time of	247
manufacture or assembly, the operator of the motor vehicle shall	248
have the child properly restrained either in accordance with the	249
manufacturer's instructions in a child restraint system that	250
meets federal motor vehicle safety standards or in an occupant	251
restraining device as defined in section 4513.263 of the Revised	252
Code.	253

(D)(E) Notwithstanding any provision of law to the contrary,	254
no law enforcement officer shall cause an operator of a motor	255
vehicle being operated on any street or highway to stop the motor	256
vehicle for the sole purpose of determining whether a violation	257
of division (C) or (D) of this section has been or is being	258
committed or for the sole purpose of issuing a ticket, citation,	259
or summons for a violation of that naturedivision (C) or (D) of	260
this section or causing the arrest of or commencing a	261
prosecution of a person for a violation of that naturedivision	262
(C) or (D) of this section, and noabsent another violation of	263
law, a law enforcement officer shallofficer's view of the	264
interior or visually inspect any automobilevisual inspection of	265
a motor vehicle being operated on any street or highway may not	266
be used for the sole purpose of determining whether a violation	267
of that naturedivision (C) or (D) of this section has been or	268
is being committed.	269

(E)(F) The director of public safety shall adopt such rules	270
as are necessary to carry out this section.	271

(F)(G) The failure of an operator of a motor vehicle to	272
secure a child in a child restraint system, a booster seat, or in	273
an occupant restraining device as required by this section is not	274
negligence imputable to the child, is not admissible as evidence	275
in any civil action involving the rights of the child against any	276
other person allegedly liable for injuries to the child, is not to	277
be used as a basis for a criminal prosecution of the operator of	278
the motor vehicle other than a prosecution for a violation of this	279
section, and is not admissible as evidence in any criminal action	280
involving the operator of the motor vehicle other than a	281
prosecution for a violation of this section.	282

(G)(H) This section does not apply when an emergency exists	283
that threatens the life of any person operating or occupying a	284
motor vehicle and to whom this section otherwise would apply or	285
the life of anythat is being used to transport a child who	286
otherwise would be required to be restrained under this section.	287
This section does not apply to a person operating a motor	288
vehicle who has an affidavit signed by a physician licensed to	289
practice in this state under Chapter 4731. of the Revised Code	290
or a chiropractor licensed to practice in this state under	291
Chapter 4734. of the Revised Code that states that the child who	292
otherwise would be required to be restrained under this section	293
has a physical impairment that makes use of a child restraint	294
system, booster seat, or an occupant restraining device	295
impossible or impractical, provided that the person operating the	296
vehicle has safely and appropriately restrained the child in	297
accordance with any recommendations of the physician or	298
chiropractor as noted on the affidavit.	299

(H)(I) There is hereby created in the state treasury the	300
"child highway safety fund," consisting of fines imposed pursuant	301
to division (J)(K)(1) of this section for violations of divisions	302
(A), (B), and (C), and (D) of this section. The money in the fund	303
shall be used by the department of health only to defray the cost	304
of designating hospitals as pediatric trauma centers under	305
section 3727.081 of the Revised Code and to establish and	306
administer a child highway safety program. The purpose of the	307
program shall be to educate the public about child restraint	308
systems generallyand booster seats and the importance of their	309
proper use. The program also shall include a process for providing	310
child restraint systems and booster seats to persons who meet the	311
eligibility criteria established by the department, and a	312
toll-free telephone number the public may utilize to obtain	313
information about child restraint systems and booster seats, and	314
their proper use.	315

(I)(J) The director of health, in accordance with Chapter	316
119. of the Revised Code, shall adopt any rules necessary to	317
carry out this section, including rules establishing the criteria	318
a person must meet in order to receive a child restraint system or	319
booster seat under the department's child restraint systemhighway	320
safety program; provided that rules relating to the verification	321
of pediatric trauma centers shall not be adopted under this	322
section.	323

(J)(K) Nothing in this section shall be construed to require	324
any person to carry with the person the birth certificate of a	325
child to prove the age of the child, but the production of a valid	326
birth certificate for a child showing that the child was not of an	327
age to which this section applies is a defense against any ticket,	328
citation, or summons issued for violating this section.	329

(L)(1) Whoever violates division (A), (B), or (C), or (D) of	330
this section shall be punished as follows, provided that the	331
failure of an operator of a motor vehicle to secure more than one	332
child in a child restraint system, booster seat, or occupant	333
restraining device as required by this section that occurred at	334
the same time, on the same day, and at the same location is deemed	335
to be a single violation of this section:	336

(a) Except as otherwise provided in division (J)(L)(1)(b) of	337
this section, the offender is guilty of a minor misdemeanor and	338
shall be fined not less than twenty-five dollars nor more than	339
seventy-five dollars.	340

(b) If the offender previously has been convicted of or	341
pleaded guilty to a violation of division (A), (B), or (C), or (D)	342
of this section or of a municipal ordinance that is substantially	343
similar to any of those divisions, the offender is guilty of a	344
misdemeanor of the fourth degree.	345

(2) All fines imposed pursuant to division (J)(L)(1) of this	346
section shall be forwarded to the treasurer of state for deposit	347
in the "child highway safety fund" created by division (H)(I) of	348
this section.	349

Sec. 4513.263.  (A) As used in this section and in section	350
4513.99 of the Revised Code:	351

(1) "Automobile" means any commercial tractor, passenger car,	352
commercial car, or truck that is required to be factory-equipped	353
with an occupant restraining device for the operator or any	354
passenger by regulations adopted by the United States secretary of	355
transportation pursuant to the "National Traffic and Motor Vehicle	356
Safety Act of 1966," 80 Stat. 719, 15 U.S.C.A. 1392.	357

(2) "Occupant restraining device" means a seat safety belt,	358
shoulder belt, harness, or other safety device for restraining a	359
person who is an operator of or passenger in an automobile and	360
that satisfies the minimum federal vehicle safety standards	361
established by the United States department of transportation.	362

(3) "Passenger" means any person in an automobile, other than	363
its operator, who is occupying a seating position for which an	364
occupant restraining device is provided.	365

(4) "Commercial tractor," "passenger car," and "commercial	366
car" have the same meanings as in section 4501.01 of the Revised	367
Code.	368

(5) "Vehicle" and "motor vehicle," as used in the definitions	369
of the terms set forth in division (A)(4) of this section, have	370
the same meanings as in section 4511.01 of the Revised Code.	371

(6) "Tort action" means a civil action for damages for	372
injury, death, or loss to person or property. "Tort action"	373
includes a product liability claim, as defined in section 2307.71	374
of the Revised Code, and an asbestos claim, as defined in section	375
2307.91 of the Revised Code, but does not include a civil action	376
for damages for breach of contract or another agreement between	377
persons.	378

(B) No person shall do any of the following:

379

(1) Operate an automobile on any street or highway unless	380
that person is wearing all of the available elements of a properly	381
adjusted occupant restraining device, or operate a school bus that	382
has an occupant restraining device installed for use in its	383
operator's seat unless that person is wearing all of the available	384
elements of the device, as properly adjusted;	385

(2) Operate an automobile on any street or highway unless	386
each passenger in the automobile who is subject to the requirement	387
set forth in division (B)(3) of this section is wearing all of the	388
available elements of a properly adjusted occupant restraining	389
device;	390

(3) Occupy, as a passenger, a seating position on the front	391
seat of an automobile being operated on any street or highway	392
unless that person is wearing all of the available elements of a	393
properly adjusted occupant restraining device;	394

(4) Operate a taxicab on any street or highway unless all	395
factory-equipped occupant restraining devices in the taxicab are	396
maintained in usable form.	397

(C) Division (B)(3) of this section does not apply to a	398
person who is required by section 4511.81 of the Revised Code to	399
be secured in a child restraint device or booster seat. Division	400
(B)(1) of this section does not apply to a person who is an	401
employee of the United States postal service or of a newspaper	402
home delivery service, during any period in which the person is	403
engaged in the operation of an automobile to deliver mail or	404
newspapers to addressees. Divisions (B)(1) and (3) of this section	405
do not apply to a person who has an affidavit signed by a	406
physician licensed to practice in this state under Chapter 4731.	407
of the Revised Code or a chiropractor licensed to practice in this	408
state under Chapter 4734. of the Revised Code that states that the	409
person has a physical impairment that makes use of an occupant	410
restraining device impossible or impractical.	411

(D) Notwithstanding any provision of law to the contrary, no	412
law enforcement officer shall cause an operator of an automobile	413
being operated on any street or highway to stop the automobile for	414
the sole purpose of determining whether a violation of division	415
(B) of this section has been or is being committed or for the sole	416
purpose of issuing a ticket, citation, or summons for a violation	417
of that nature or causing the arrest of or commencing a	418
prosecution of a person for a violation of that nature, and no law	419
enforcement officer shall view the interior or visually inspect	420
any automobile being operated on any street or highway for the	421
sole purpose of determining whether a violation of that nature has	422
been or is being committed.	423

(E) All fines collected for violations of division (B) of	424
this section, or for violations of any ordinance or resolution of	425
a political subdivision that is substantively comparable to that	426
division, shall be forwarded to the treasurer of state for deposit	427
as follows:	428

(1) Eight per cent shall be deposited into the seat belt	429
education fund, which is hereby created in the state treasury, and	430
shall be used by the department of public safety to establish a	431
seat belt education program.	432

(2) Eight per cent shall be deposited into the elementary	433
school program fund, which is hereby created in the state	434
treasury, and shall be used by the department of public safety to	435
establish and administer elementary school programs that encourage	436
seat safety belt use.	437

(3) Two per cent shall be deposited into the occupational	438
licensing and regulatory fund created by section 4743.05 of the	439
Revised Code.	440

(4) Twenty-eight per cent shall be deposited into the trauma	441
and emergency medical services fund, which is hereby created in	442
the state treasury, and shall be used by the department of public	443
safety for the administration of the division of emergency medical	444
services and the state board of emergency medical services.	445

(5) Fifty-four per cent shall be deposited into the trauma	446
and emergency medical services grants fund, which is hereby	447
created in the state treasury, and shall be used by the state	448
board of emergency medical services to make grants, in accordance	449
with section 4765.07 of the Revised Code and rules the board	450
adopts under section 4765.11 of the Revised Code.	451

(F)(1) Subject to division (F)(2) of this section, the	452
failure of a person to wear all of the available elements of a	453
properly adjusted occupant restraining device in violation of	454
division (B)(1) or (3) of this section or the failure of a person	455
to ensure that each minor who is a passenger of an automobile	456
being operated by that person is wearing all of the available	457
elements of a properly adjusted occupant restraining device in	458
violation of division (B)(2) of this section shall not be	459
considered or used by the trier of fact in a tort action as	460
evidence of negligence or contributory negligence. But, the trier	461
of fact may determine based on evidence admitted consistent with	462
the Ohio Rules of Evidence that the failure contributed to the	463
harm alleged in the tort action and may diminish a recovery of	464
compensatory damages that represents noneconomic loss, as defined	465
in section 2307.011 of the Revised Code, in a tort action that	466
could have been recovered but for the plaintiff's failure to wear	467
all of the available elements of a properly adjusted occupant	468
restraining device. Evidence of that failure shall not be used as	469
a basis for a criminal prosecution of the person other than a	470
prosecution for a violation of this section; and shall not be	471
admissible as evidence in a criminal action involving the person	472
other than a prosecution for a violation of this section.	473

(2) If, at the time of an accident involving a passenger car	474
equipped with occupant restraining devices, any occupant of the	475
passenger car who sustained injury or death was not wearing an	476
available occupant restraining device, was not wearing all of the	477
available elements of such a device, or was not wearing such a	478
device as properly adjusted, then, consistent with the Rules of	479
Evidence, the fact that the occupant was not wearing the available	480
occupant restraining device, was not wearing all of the available	481
elements of such a device, or was not wearing such a device as	482
properly adjusted is admissible in evidence in relation to any	483
claim for relief in a tort action to the extent that the claim for	484
relief satisfies all of the following:	485

(a) It seeks to recover damages for injury or death to the	486
occupant.	487

(b) The defendant in question is the manufacturer, designer,	488
distributor, or seller of the passenger car.	489

(c) The claim for relief against the defendant in question is	490
that the injury or death sustained by the occupant was enhanced or	491
aggravated by some design defect in the passenger car or that the	492
passenger car was not crashworthy.	493

(G)(1) Whoever violates division (B)(1) of this section shall	494
be fined thirty dollars.	495

(2) Whoever violates division (B)(3) of this section shall be	496
fined twenty dollars.	497

(3) Except as otherwise provided in this division, whoever	498
violates division (B)(4) of this section is guilty of a minor	499
misdemeanor. If the offender previously has been convicted of or	500
pleaded guilty to a violation of division (B)(4) of this section,	501
whoever violates division (B)(4) of this section is guilty of a	502
misdemeanor of the third degree.	503

Section 2. That existing sections 4507.071, 4511.093,	504
4511.81, and 4513.263 of the Revised Code are hereby repealed.	505

Section 3. Notwithstanding any provision of law to the	506
contrary, during the first six months after the effective date of	507
this section, no person who violates division (C) of section	508
4511.81 of the Revised Code concerning the use of booster seats,	509
as that division is amended by this act, shall be issued a	510
ticket, citation, or summons in relation to the violation or be	511
arrested for the violation. Instead, the person shall be issued a	512
written warning that states the requirements contained in	513
division (C) of section 4511.81 of the Revised Code, as amended	514
by this act. In addition, the warning shall explain that on or	515
after a date certain, which date shall be six months after the	516
effective date of this section, the law will allow a person to be	517
charged with and prosecuted for such a violation.	518

Section 4.  Sections 1, 2, and 3 of this act, except for	519
section 4507.071 of the Revised Code, shall take effect six	520
months after the effective date of this act. Section 4507.071 of	521
the Revised Code, as amended by this act, shall take effect at the	522
earliest time permitted by law.	523