As Introduced

128th General Assembly
Regular Session
2009-2010
H. B. No. 154


Representative Yuko 

Cosponsors: Representatives Williams, B., Patten, Luckie, Hagan, Domenick, Stewart, Evans, Winburn 



A BILL
To amend sections 2921.331, 4510.036, and 4510.31 of 1
the Revised Code to prohibit a person who is not 2
operating a motor vehicle from fleeing from a law 3
enforcement officer who gives a lawful order to 4
stop and to increase the minimum penalty for 5
fleeing and eluding a police officer in a motor 6
vehicle after receiving a visible or audible 7
signal to stop.8


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

       Section 1. That sections 2921.331, 4510.036, and 4510.31 of 9
the Revised Code be amended to read as follows:10

       Sec. 2921.331.  (A) No person shall fail to comply with any11
lawful order or direction of any police officer invested with12
authority to direct, control, or regulate traffic.13

       (B) No person shall operate a motor vehicle so as willfully14
to elude or flee a police officer after receiving a visible or15
audible signal from a police officer to bring the person's motor16
vehicle to a stop.17

       (C) No person who is not operating a motor vehicle shall 18
knowingly and with intent to elude or flee a law enforcement 19
officer disobey a lawful order or direction to stop given by a law 20
enforcement officer.21

       (D)(1) Whoever violates division (A) or (B) of this section 22
is guilty of failure to comply with an order or signal of a police 23
officer.24

       (2) A violation of division (A) of this section is a25
misdemeanor of the first degree.26

       (3) Except as provided in divisions (C)(D)(4) and (5) of this27
section, a violation of division (B) of this section is a28
misdemeanorfelony of the firstfifth degree.29

       (4) Except as provided in division (C)(D)(5) of this section, 30
a violation of division (B) of this section is a felony of the31
fourth degree if the jury or judge as trier of fact finds by proof32
beyond a reasonable doubt that, in committing the offense, the33
offender was fleeing immediately after the commission of a felony.34

       (5)(a) A violation of division (B) of this section is a35
felony of the third degree if the jury or judge as trier of fact36
finds any of the following by proof beyond a reasonable doubt:37

       (i) The operation of the motor vehicle by the offender was a38
proximate cause of serious physical harm to persons or property.39

       (ii) The operation of the motor vehicle by the offender40
caused a substantial risk of serious physical harm to persons or41
property.42

       (b) If a police officer pursues an offender who is violating43
division (B) of this section and division (C)(D)(5)(a) of this44
section applies, the sentencing court, in determining the45
seriousness of an offender's conduct for purposes of sentencing46
the offender for a violation of division (B) of this section,47
shall consider, along with the factors set forth in sections48
2929.12 and 2929.13 of the Revised Code that are required to be49
considered, all of the following:50

       (i) The duration of the pursuit;51

       (ii) The distance of the pursuit;52

       (iii) The rate of speed at which the offender operated the53
motor vehicle during the pursuit;54

       (iv) Whether the offender failed to stop for traffic lights55
or stop signs during the pursuit;56

       (v) The number of traffic lights or stop signs for which the57
offender failed to stop during the pursuit;58

       (vi) Whether the offender operated the motor vehicle during59
the pursuit without lighted lights during a time when lighted60
lights are required;61

       (vii) Whether the offender committed a moving violation62
during the pursuit;63

       (viii) The number of moving violations the offender committed64
during the pursuit;65

       (ix) Any other relevant factors indicating that the66
offender's conduct is more serious than conduct normally67
constituting the offense.68

       (D)(E) If an offender is sentenced pursuant to division 69
(C)(4) or (5)(D) of this section for a violation of division (B) 70
of this section, and if the offender is sentenced to a prison term 71
for that violation, the offender shall serve the prison term72
consecutively to any other prison term or mandatory prison term73
imposed upon the offender.74

       (E)(F) In addition to any other sanction imposed for a75
violation of division (A) or (B) of this section, the court shall 76
impose a class two suspension from the range specified in division 77
(A)(2) of section 4510.02 of the Revised Code. If the offender 78
previously has been found guilty of an offense under this section,79
the court shall impose a class one suspension as described in80
division (A)(1) of that section. The court shall not grant limited81
driving privileges to the offender. No judge shall suspend the 82
first three years of suspension under a class two suspension of an 83
offender's license, permit, or privilege required by this division 84
on any portion of the suspension under a class one suspension of 85
an offender's license, permit, or privilege required by this 86
division.87

       (F)(G)(1) Whoever violates division (C) of this section is 88
guilty of fleeing from a law enforcement officer.89

        (2) Except as provided in divisions (G)(3) and (4) of this 90
section, a violation of division (C) of this section is a 91
misdemeanor of the second degree.92

       (3) Except as provided in division (G)(4) of this section, a 93
violation of division (C) of this section is a felony of the 94
fourth degree if the jury or judge as trier of fact finds by proof 95
beyond a reasonable doubt that in committing the offense the 96
offender was fleeing immediately after the commission of a felony.97

        (4) A violation of division (C) of this section is a felony 98
of the third degree if the jury or judge as trier of fact finds by 99
proof beyond a reasonable doubt that in fleeing or eluding the law 100
enforcement officer the offender proximately caused serious 101
physical harm to persons or property or created a substantial risk 102
of serious physical harm to persons or property.103

       (H) As used in this section:104

       (1) "Motor vehicle" has the same meaning as in section 105
4501.01 of the Revised Code.106

       (2) "Moving violation" has the same meaning as in section107
2743.70 of the Revised Code.108

       (2)(3) "Police officer" has the same meaning as in section109
4511.01 of the Revised Code.110

       Sec. 4510.036.  (A) The bureau of motor vehicles shall record111
within ten days, after receipt, and shall keep at its main office, 112
all abstracts received under this section or section 4510.03, 113
4510.031, 4510.032, or 4510.034 of the Revised Code and shall 114
maintain records of convictions and bond forfeitures for any115
violation of a state law or a municipal ordinance regulating the116
operation of vehicles, streetcars, and trackless trolleys on117
highways and streets, except a violation related to parking a118
motor vehicle.119

       (B) Every court of record or mayor's court before which a120
person is charged with a violation for which points are chargeable121
by this section shall assess and transcribe to the abstract of122
conviction that is furnished by the bureau to the court the number123
of points chargeable by this section in the correct space assigned124
on the reporting form. A United States district court that has125
jurisdiction within this state and before which a person is126
charged with a violation for which points are chargeable by this127
section may assess and transcribe to the abstract of conviction128
report that is furnished by the bureau the number of points129
chargeable by this section in the correct space assigned on the130
reporting form. If the federal court so assesses and transcribes131
the points chargeable for the offense and furnishes the report to132
the bureau, the bureau shall record the points in the same manner133
as those assessed and transcribed by a court of record or mayor's134
court.135

       (C) A court shall assess the following points for an offense136
based on the following formula:137

       (1) Aggravated vehicular homicide, vehicular homicide,138
vehicular manslaughter, aggravated vehicular assault, or vehicular139
assault when the offense involves the operation of a vehicle,140
streetcar, or trackless trolley on a highway or street ..........141
6 points142

       (2) A violation of division (A) or (B) of section 2921.331 of 143
the Revised Code or any ordinance prohibiting the willful fleeing 144
or eluding of a law enforcement officer .......... 6 points145

       (3) A violation of section 4549.02 or 4549.021 of the Revised146
Code or any ordinance requiring the driver of a vehicle to stop 147
and disclose identity at the scene of an accident .......... 6148
points149

       (4) A violation of section 4511.251 of the Revised Code or150
any ordinance prohibiting street racing .......... 6 points151

       (5) A violation of section 4510.11, 4510.14, 4510.16, or152
4510.21 of the Revised Code or any ordinance prohibiting the153
operation of a motor vehicle while the driver's or commercial154
driver's license is under suspension .......... 6 points155

       (6) A violation of division (A) of section 4511.19 of the156
Revised Code, any ordinance prohibiting the operation of a vehicle157
while under the influence of alcohol, a drug of abuse, or a158
combination of them, or any ordinance substantially equivalent to159
division (A) of section 4511.19 of the Revised Code prohibiting160
the operation of a vehicle with a prohibited concentration of161
alcohol, a controlled substance, or a metabolite of a controlled 162
substance in the whole blood, blood serum or plasma, breath, or163
urine .......... 6 points164

       (7) A violation of section 2913.03 of the Revised Code that165
does not involve an aircraft or motorboat or any ordinance166
prohibiting the operation of a vehicle without the consent of the167
owner .......... 6 points168

       (8) Any offense under the motor vehicle laws of this state169
that is a felony, or any other felony in the commission of which a170
motor vehicle was used .......... 6 points171

       (9) A violation of division (B) of section 4511.19 of the172
Revised Code or any ordinance substantially equivalent to that173
division prohibiting the operation of a vehicle with a prohibited174
concentration of alcohol in the whole blood, blood serum or175
plasma, breath, or urine .......... 4 points176

       (10) A violation of section 4511.20 of the Revised Code or177
any ordinance prohibiting the operation of a motor vehicle in178
willful or wanton disregard of the safety of persons or property179
.......... 4 points180

       (11) A violation of any law or ordinance pertaining to speed:181

       (a) Notwithstanding divisions (C)(11)(b) and (c) of this182
section, when the speed exceeds the lawful speed limit by thirty183
miles per hour or more .......... 4 points184

       (b) When the speed exceeds the lawful speed limit of185
fifty-five miles per hour or more by more than ten miles per hour186
.......... 2 points187

       (c) When the speed exceeds the lawful speed limit of less188
than fifty-five miles per hour by more than five miles per hour189
.......... 2 points190

       (d) When the speed does not exceed the amounts set forth in191
divisions (C)(11)(a), (b), or (c) of this section .......... 0192
points193

       (12) Operating a motor vehicle in violation of a restriction194
imposed by the registrar .......... 2 points195

       (13) All other moving violations reported under this section196
.......... 2 points197

       (D) Upon receiving notification from the proper court,198
including a United States district court that has jurisdiction199
within this state, the bureau shall delete any points entered for200
a bond forfeiture if the driver is acquitted of the offense for201
which bond was posted.202

       (E) If a person is convicted of or forfeits bail for two or203
more offenses arising out of the same facts and points are204
chargeable for each of the offenses, points shall be charged for205
only the conviction or bond forfeiture for which the greater206
number of points is chargeable, and, if the number of points207
chargeable for each offense is equal, only one offense shall be208
recorded, and points shall be charged only for that offense.209

       Sec. 4510.31.  (A)(1) Except as provided in division (C) of210
this section, the registrar of motor vehicles shall suspend the211
probationary driver's license, restricted license, or temporary212
instruction permit issued to any person when the person has been213
convicted of, pleaded guilty to, or been adjudicated in juvenile214
court of having committed, prior to the person's eighteenth215
birthday, any of the following:216

       (a) Three separate violations of section 2903.06, 2903.08,217
2921.331, 4511.12, 4511.13, 4511.15, 4511.191, 4511.20, 4511.201,218
4511.202, 4511.21, 4511.22, 4511.23, 4511.25 to 4511.48, 4511.57219
to 4511.65, 4511.75, 4549.02, 4549.021, or 4549.03 of the Revised220
Code, division (A) or (B) of section 2921.331 of the Revised Code,221
section 4510.14 of the Revised Code involving a suspension imposed 222
under section 4511.191 or 4511.196 of the Revised Code, section 223
2903.04 of the Revised Code in a case in which the person would 224
have been subject to the sanctions described in division (D) of 225
that section had the person been convicted of the violation of226
that section, former section 2903.07 of the Revised Code, or any227
municipal ordinances similarly relating to the offenses referred228
to in those sections;229

       (b) One violation of section 4511.19 of the Revised Code or a 230
substantially similar municipal ordinance;231

       (c) Two separate violations of any of the Revised Code232
sections referred to in division (A)(1)(a) of this section, or any233
municipal ordinance that is substantially similar to any of those234
sections.235

       (2) Any person whose license or permit is suspended under236
division (A)(1)(a), (b), or (c) of this section shall mail or237
deliver the person's probationary driver's license, restricted238
license, or temporary instruction permit to the registrar within239
fourteen days of notification of the suspension. The registrar240
shall retain the license or permit during the period of the241
suspension. A suspension pursuant to division (A)(1)(a) of this242
section shall be a class C suspension, a suspension pursuant to243
division (A)(1)(b) of this section shall be a class D suspension,244
and a suspension pursuant to division (A)(1)(c) of this section245
shall be a class E suspension, all for the periods of time246
specified in division (B) of section 4510.02 of the Revised Code.247
If the person's probationary driver's license, restricted license,248
or temporary instruction permit is under suspension on the date249
the court imposes sentence upon the person for a violation250
described in division (A)(1)(b) of this section, the suspension251
shall take effect on the next day immediately following the end of252
that period of suspension. If the person is sixteen years of age253
or older and pleads guilty to or is convicted of a violation254
described in division (A)(1)(b) of this section and the person255
does not have a current, valid probationary driver's license,256
restricted license, or temporary instruction permit, the registrar257
shall deny the issuance to the person of a probationary driver's258
license, restricted license, driver's license, commercial driver's259
license, or temporary instruction permit, as the case may be, for260
six months beginning on the date the court imposes sentence upon261
the person for the violation. If the person has not attained the262
age of sixteen years on the date the court imposes sentence upon263
the person for the violation, the period of denial shall commence264
on the date the person attains the age of sixteen years.265

       (3) The registrar shall suspend the person's license or 266
permit under division (A) of this section regardless of whether 267
the disposition of the case in juvenile court occurred after the268
person's eighteenth birthday.269

       (B) The registrar also shall impose a class D suspension for 270
the period of time specified in division (B)(4) of section 4510.02 271
of the Revised Code of the temporary instruction permit or272
probationary driver's license of any person under the age of273
eighteen who has been adjudicated an unruly child, delinquent274
child, or juvenile traffic offender for having committed any act275
that if committed by an adult would be a drug abuse offense or a276
violation of division (B) of section 2917.11 of the Revised Code.277
The registrar, in the registrar's discretion, may terminate the278
suspension if the child, at the discretion of the court, attends279
and satisfactorily completes a drug abuse or alcohol abuse280
education, intervention, or treatment program specified by the281
court. Any person whose temporary instruction permit or282
probationary driver's license is suspended under this division283
shall mail or deliver the person's permit or license to the284
registrar within fourteen days of notification of the suspension.285
The registrar shall retain the permit or license during the period286
of the suspension.287

       (C)(1) Except as provided in division (C)(3) of this section,288
for any person who is convicted of, pleads guilty to, or is289
adjudicated in juvenile court of having committed a second or290
third violation of section 4511.12, 4511.13, 4511.15, 4511.20 to291
4511.23, 4511.25, 4511.26 to 4511.48, 4511.57 to 4511.65, or292
4511.75 of the Revised Code or any similar municipal ordinances293
and whose license or permit is suspended under division (A)(1)(a)294
or (c) of this section, the court in which the second or third295
conviction, finding, plea, or adjudication resulting in the296
suspension was made, upon petition of the person, may grant the297
person limited driving privileges during the period during which298
the suspension otherwise would be imposed under division (A)(1)(a)299
or (c) of this section if the court finds reasonable cause to300
believe that the suspension will seriously affect the person's301
ability to continue in employment, educational training,302
vocational training, or treatment. In granting the limited driving 303
privileges, the court shall specify the purposes, times, and 304
places of the privileges and may impose any other conditions upon305
the person's driving a motor vehicle that the court considers 306
reasonable and necessary.307

       A court that grants limited driving privileges to a person308
under this division shall retain the person's probationary309
driver's license, restricted license, or temporary instruction310
permit during the period the license or permit is suspended and311
also during the period for which limited driving privileges are312
granted, and shall deliver to the person a permit card, in a form313
to be prescribed by the court, setting forth the date on which the 314
limited driving privileges will become effective, the purposes for315
which the person may drive, the times and places at which the316
person may drive, and any other conditions imposed upon the317
person's use of a motor vehicle.318

       The court immediately shall notify the registrar, in writing,319
of a grant of limited driving privileges under this division. The320
notification shall specify the date on which the limited driving321
privileges will become effective, the purposes for which the322
person may drive, the times and places at which the person may323
drive, and any other conditions imposed upon the person's use of a324
motor vehicle. The registrar shall not suspend the probationary325
driver's license, restricted license, or temporary instruction326
permit of any person pursuant to division (A) of this section327
during any period for which the person has been granted limited328
driving privileges as provided in this division, if the registrar329
has received the notification described in this division from the330
court.331

       (2) Except as provided in division (C)(3) of this section, in332
any case in which the temporary instruction permit or probationary333
driver's license of a person under eighteen years of age has been334
suspended under division (A) or (B) of this section or any other335
provision of law, the court may grant the person limited driving336
privileges for the purpose of the person's practicing of driving337
with the person's parent, guardian, or other custodian during the338
period of the suspension. Any grant of limited driving privileges339
under this division shall comply with division (D) of section340
4510.021 of the Revised Code.341

       (3) A court shall not grant limited driving privileges to a342
person identified in division (C)(1) or (2) of this section if the343
person, within the preceding six years, has been convicted of,344
pleaded guilty to, or adjudicated in juvenile court of having345
committed three or more violations of one or more of the divisions346
or sections set forth in divisions (G)(2)(b) to (g) of section347
2919.22 of the Revised Code.348

       (D) If a person who has been granted limited driving349
privileges under division (C) of this section is convicted of,350
pleads guilty to, or is adjudicated in juvenile court of having351
committed, a violation of Chapter 4510. of the Revised Code, or a352
subsequent violation of any of the sections of the Revised Code353
listed in division (A)(1)(a) of this section or any similar354
municipal ordinance during the period for which the person was355
granted limited driving privileges, the court that granted the 356
limited driving privileges shall suspend the person's permit card. 357
The court or the clerk of the court immediately shall forward the 358
person's probationary driver's license, restricted license, or 359
temporary instruction permit together with written notification of 360
the court's action to the registrar. Upon receipt of the license 361
or permit and notification, the registrar shall impose a class C362
suspension of the person's probationary driver's license,363
restricted license, or temporary instruction permit for the period 364
of time specified in division (B)(3) of section 4510.02 of the365
Revised Code. The registrar shall retain the license or permit366
during the period of suspension, and no further limited driving 367
privileges shall be granted during that period.368

       (E) No application for a driver's or commercial driver's369
license shall be received from any person whose probationary370
driver's license, restricted license, or temporary instruction371
permit has been suspended under this section until each of the372
following has occurred:373

       (1) The suspension period has expired;374

       (2) A temporary instruction permit or commercial driver's375
license temporary instruction permit has been issued;376

       (3) The person successfully completes a juvenile driver377
improvement program approved by the registrar under section378
4510.311 of the Revised Code;379

       (4) The applicant has submitted to the examination for a380
driver's license as provided for in section 4507.11 or a381
commercial driver's license as provided in Chapter 4506. of the382
Revised Code.383

       Section 2. That existing sections 2921.331, 4510.036, and 384
4510.31 of the Revised Code are hereby repealed.385