As Introduced

127th General Assembly
Regular Session
2007-2008
H. B. No. 425


Representatives Fessler, DeBose 

Cosponsors: Representatives Domenick, Koziura, Harwood, Brown, Williams, B., Boyd 

A BILL
To amend section 4510.01 and to enact section 1
4511.204 of the Revised Code to prohibit driving a 2
vehicle while text messaging or typing on a mobile 3
communication device and to establish the 4
violation as a secondary traffic offense.5


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

       Section 1. That section 4510.01 be amended and section 6
4511.204 of the Revised Code be enacted to read as follows:7

       Sec. 4510.01.  As used in this title and in Title XXIX of the8
Revised Code:9

       (A) "Cancel" or "cancellation" means the annulment or10
termination by the bureau of motor vehicles of a driver's license,11
commercial driver's license, temporary instruction permit,12
probationary license, or nonresident operating privilege because13
it was obtained unlawfully, issued in error, altered, or willfully14
destroyed, or because the holder no longer is entitled to the15
license, permit, or privilege.16

       (B) "Drug abuse offense," "cocaine," and "L.S.D." have the 17
same meanings as in section 2925.01 of the Revised Code.18

       (C) "Ignition interlock device" means a device approved by19
the director of public safety that connects a breath analyzer to a20
motor vehicle's ignition system, that is constantly available to21
monitor the concentration by weight of alcohol in the breath of22
any person attempting to start that motor vehicle by using its23
ignition system, and that deters starting the motor vehicle by use24
of its ignition system unless the person attempting to start the25
vehicle provides an appropriate breath sample for the device and26
the device determines that the concentration by weight of alcohol27
in the person's breath is below a preset level.28

       (D) "Immobilizing or disabling device" means a device29
approved by the director of public safety that may be ordered by a30
court to be used by an offender as a condition of limited driving31
privileges. "Immobilizing or disabling device" includes an32
ignition interlock device, and any prototype device that is used33
according to protocols designed to ensure efficient and effective34
monitoring of limited driving privileges granted by a court to an35
offender.36

       (E) "Moving violation" means any violation of any statute or37
ordinance that regulates the operation of vehicles, streetcars, or38
trackless trolleys on the highways or streets. "Moving violation"39
does not include a violation of section 4511.204 or 4513.263 of 40
the Revised Code or a substantially equivalent municipal41
ordinance, a violation of any statute or ordinance regulating 42
pedestrians or the parking of vehicles, vehicle size or load43
limitations, vehicle fitness requirements, or vehicle44
registration.45

       (F) "Municipal OVI ordinance" and "municipal OVI offense"46
have the same meanings as in section 4511.181 of the Revised Code.47

       (G) "Prototype device" means any testing device to monitor48
limited driving privileges that has not yet been approved or49
disapproved by the director of public safety.50

       (H) "Suspend" or "suspension" means the permanent or51
temporary withdrawal, by action of a court or the bureau of motor52
vehicles, of a driver's license, commercial driver's license,53
temporary instruction permit, probationary license, or nonresident54
operating privilege for the period of the suspension or the55
permanent or temporary withdrawal of the privilege to obtain a56
license, permit, or privilege of that type for the period of the57
suspension.58

       (I) "Controlled substance" and "marihuana" have the same 59
meanings as in section 3719.01 of the Revised Code.60

       Sec. 4511.204.  (A) No person shall drive a motor vehicle, 61
trackless trolley, or streetcar on any street, highway, or 62
property open to the public for vehicular traffic while text 63
messaging or typing on a mobile communication device.64

       (B) Division (A) of this section does not apply to any of the 65
following:66

       (1) A person using a mobile communication device in that 67
manner for emergency purposes, including an emergency contact 68
with a law enforcement agency, hospital or health care provider, 69
fire department, or other similar emergency agency or entity;70

       (2) A person operating a public safety vehicle who uses a 71
mobile communication device in that manner in the course of the 72
person's duties.73

       (C) Notwithstanding any provision of law to the contrary, no 74
law enforcement officer shall cause an operator of an automobile 75
being operated on any street or highway to stop the automobile for 76
the sole purpose of determining whether a violation of division 77
(A) of this section has been or is being committed or for the sole 78
purpose of issuing a ticket, citation, or summons for a violation 79
of that nature or causing the arrest of or commencing a 80
prosecution of a person for a violation of that nature, and no law 81
enforcement officer shall view the interior or visually inspect 82
any automobile being operated on any street or highway for the 83
sole purpose of determining whether a violation of that nature has 84
been or is being committed.85

       (D)(1) Whoever violates division (A) of this section shall be 86
fined two hundred fifty dollars.87

       (2)(a) Whenever a law enforcement officer issues a ticket, 88
citation, or summons to an offender charging the offender with a 89
violation of this section, the officer shall indicate on the 90
ticket, citation, or summons if at the time of the violation the 91
offender was involved in a motor vehicle accident with another 92
motor vehicle, a pedestrian, or any object. If the law enforcement 93
officer makes such an indication on the ticket, citation, or 94
summons, the offender is not permitted to enter a written plea of 95
guilty and waive the offender's right to contest the citation in a 96
trial but instead shall appear in person in the proper court to 97
answer the charge; in all other circumstances, the offender may 98
enter a written plea of guilty and waive the right to contest the 99
citation in a trial.100

        (b) If the trier of fact finds that the offender was involved 101
in a motor vehicle accident at the time of the violation of this 102
section, the court, in addition to any other penalties it is 103
required or permitted by law to impose, shall impose a class seven 104
license suspension of the offender's driver's license, commercial 105
driver's license, temporary instruction permit, probationary 106
license, or nonresident operating privilege and shall impose the 107
suspension for six months.108

       (E) As used in this section, "mobile communication device" 109
includes any of the following:110

       (1) A wireless telephone;111

       (2) A text-messaging device;112

       (3) A personal digital assistant;113

       (4) A computer;114

       (5) Any other substantially similar wireless device that is 115
designed or used to communicate text or data.116

       Section 2. That existing section 4510.01 of the Revised Code 117
is hereby repealed.118