As Introduced

128th General Assembly
Regular Session
2009-2010
H. B. No. 262


Representative DeBose 



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 talking, text messaging, or typing 3
on a mobile communication device and to 4
establish the violation as a secondary traffic 5
offense. 6


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

       Section 1. That section 4510.01 be amended and section 7
4511.204 of the Revised Code be enacted to read as follows: 8

       Sec. 4510.01.  As used in this title and in Title XXIX of the 9
Revised Code: 10

       (A) "Cancel" or "cancellation" means the annulment or 11
termination by the bureau of motor vehicles of a driver's license, 12
commercial driver's license, temporary instruction permit, 13
probationary license, or nonresident operating privilege because 14
it was obtained unlawfully, issued in error, altered, or willfully 15
destroyed, or because the holder no longer is entitled to the 16
license, permit, or privilege. 17

       (B) "Drug abuse offense," "cocaine," and "L.S.D." have the 18
same meanings as in section 2925.01 of the Revised Code. 19

       (C) "Ignition interlock device" means a device approved by 20
the director of public safety that connects a breath analyzer to a 21
motor vehicle's ignition system, that is constantly available to 22
monitor the concentration by weight of alcohol in the breath of 23
any person attempting to start that motor vehicle by using its 24
ignition system, and that deters starting the motor vehicle by use 25
of its ignition system unless the person attempting to start the 26
vehicle provides an appropriate breath sample for the device and 27
the device determines that the concentration by weight of alcohol 28
in the person's breath is below a preset level. 29

       (D) "Immobilizing or disabling device" means a device 30
approved by the director of public safety that may be ordered by a 31
court to be used by an offender as a condition of limited driving 32
privileges. "Immobilizing or disabling device" includes an 33
ignition interlock device, and any prototype device that is used 34
according to protocols designed to ensure efficient and effective 35
monitoring of limited driving privileges granted by a court to an 36
offender. 37

       (E) "Moving violation" means any violation of any statute or 38
ordinance that regulates the operation of vehicles, streetcars, or 39
trackless trolleys on the highways or streets. "Moving violation" 40
does not include a violation of section 4511.204 or 4513.263 of 41
the Revised Code or a substantially equivalent municipal 42
ordinance, a violation of any statute or ordinance regulating 43
pedestrians or the parking of vehicles, vehicle size or load 44
limitations, vehicle fitness requirements, or vehicle 45
registration. 46

       (F) "Municipal OVI ordinance" and "municipal OVI offense" 47
have the same meanings as in section 4511.181 of the Revised Code. 48

       (G) "Prototype device" means any testing device to monitor 49
limited driving privileges that has not yet been approved or 50
disapproved by the director of public safety. 51

       (H) "Suspend" or "suspension" means the permanent or 52
temporary withdrawal, by action of a court or the bureau of motor 53
vehicles, of a driver's license, commercial driver's license, 54
temporary instruction permit, probationary license, or nonresident 55
operating privilege for the period of the suspension or the 56
permanent or temporary withdrawal of the privilege to obtain a 57
license, permit, or privilege of that type for the period of the 58
suspension. 59

       (I) "Controlled substance" and "marihuana" have the same 60
meanings as in section 3719.01 of the Revised Code. 61

       Sec. 4511.204.  (A) No person shall drive a motor vehicle, 62
trackless trolley, or streetcar on any street, highway, or 63
property open to the public for vehicular traffic while talking, 64
text messaging, or typing on a mobile communication device.65

       (B) Division (A) of this section does not apply to any of the 66
following:67

       (1) A person using a mobile communication device in that 68
manner for emergency purposes, including an emergency contact 69
with a law enforcement agency, hospital or health care provider, 70
fire department, or other similar emergency agency or entity;71

       (2) A person operating a public safety vehicle who uses a 72
mobile communication device in that manner in the course of the 73
person's duties.74

       (C) Notwithstanding any provision of law to the contrary, no 75
law enforcement officer shall cause an operator of an automobile 76
being operated on any street or highway to stop the automobile for 77
the sole purpose of determining whether a violation of division 78
(A) of this section has been or is being committed or for the sole 79
purpose of issuing a ticket, citation, or summons for a violation 80
of that nature or causing the arrest of or commencing a 81
prosecution of a person for a violation of that nature, and no law 82
enforcement officer shall view the interior or visually inspect 83
any automobile being operated on any street or highway for the 84
sole purpose of determining whether a violation of that nature has 85
been or is being committed.86

       (D)(1) Whoever violates division (A) of this section shall be 87
fined two hundred fifty dollars.88

       (2)(a) Whenever a law enforcement officer issues a ticket, 89
citation, or summons to an offender charging the offender with a 90
violation of this section, the officer shall indicate on the 91
ticket, citation, or summons if at the time of the violation the 92
offender was involved in a motor vehicle accident with another 93
motor vehicle, a pedestrian, or any object. If the law enforcement 94
officer makes such an indication on the ticket, citation, or 95
summons, the offender is not permitted to enter a written plea of 96
guilty and waive the offender's right to contest the citation in a 97
trial but instead shall appear in person in the proper court to 98
answer the charge; in all other circumstances, the offender may 99
enter a written plea of guilty and waive the right to contest the 100
citation in a trial.101

        (b) If the trier of fact finds that the offender was involved 102
in a motor vehicle accident at the time of the violation of this 103
section, the court, in addition to any other penalties it is 104
required or permitted by law to impose, shall impose a class seven 105
license suspension of the offender's driver's license, commercial 106
driver's license, temporary instruction permit, probationary 107
license, or nonresident operating privilege and shall impose the 108
suspension for six months.109

       (E) As used in this section, "mobile communication device" 110
includes any of the following:111

       (1) A wireless telephone;112

       (2) A text-messaging device;113

       (3) A personal digital assistant;114

       (4) A computer;115

       (5) Any other substantially similar wireless device that is 116
designed or used to communicate voice, text, or data.117

       Section 2. That existing section 4510.01 of the Revised Code 118
is hereby repealed. 119