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To amend sections 1901.08, 1905.01, 4511.204, and | 1 |
4511.205 of the Revised Code to abolish a | 2 |
judgeship of the Youngstown Municipal Court; to | 3 |
increase from more than 100 to more than 200 the | 4 |
population necessary for a municipal corporation | 5 |
to have a mayor's court unless the municipal | 6 |
corporation is located entirely on an island in | 7 |
Lake Erie; and to provide that a conviction or | 8 |
guilty plea of the offense of driving a vehicle | 9 |
while writing, sending, or reading a text-based | 10 |
communication on a handheld electronic wireless | 11 |
communications device and a conviction or guilty | 12 |
plea of a substantially equivalent municipal | 13 |
ordinance for the same conduct are allied offenses | 14 |
of similar import and that an adjudication for the | 15 |
offense of a person who is less than 18 years of | 16 |
age from using, in any manner, an electronic | 17 |
wireless communications device while driving and | 18 |
an adjudication of a substantially equivalent | 19 |
municipal ordinance for the same conduct are | 20 |
allied offenses of similar import. | 21 |
Section 1. That sections 1901.08, 1905.01, 4511.204, and | 22 |
4511.205 of the Revised Code be amended to read as follows: | 23 |
Sec. 1901.08. The number of, and the time for election of, | 24 |
judges of the following municipal courts and the beginning of | 25 |
their terms shall be as follows: | 26 |
In the Akron municipal court, two full-time judges shall be | 27 |
elected in 1951, two full-time judges shall be elected in 1953, | 28 |
one full-time judge shall be elected in 1967, and one full-time | 29 |
judge shall be elected in 1975. | 30 |
In the Alliance municipal court, one full-time judge shall be | 31 |
elected in 1953. | 32 |
In the Ashland municipal court, one full-time judge shall be | 33 |
elected in 1951. | 34 |
In the Ashtabula municipal court, one full-time judge shall | 35 |
be elected in 1953. | 36 |
In the Athens county municipal court, one full-time judge | 37 |
shall be elected in 1967. | 38 |
In the Auglaize county municipal court, one full-time judge | 39 |
shall be elected in 1975. | 40 |
In the Avon Lake municipal court, one part-time judge shall | 41 |
be elected in 1957. | 42 |
In the Barberton municipal court, one full-time judge shall | 43 |
be elected in 1969, and one full-time judge shall be elected in | 44 |
1971. | 45 |
In the Bedford municipal court, one full-time judge shall be | 46 |
elected in 1975, and one full-time judge shall be elected in 1979. | 47 |
In the Bellefontaine municipal court, one full-time judge | 48 |
shall be elected in 1993. | 49 |
In the Bellevue municipal court, one part-time judge shall be | 50 |
elected in 1951. | 51 |
In the Berea municipal court, one full-time judge shall be | 52 |
elected in 2005. | 53 |
In the Bowling Green municipal court, one full-time judge | 54 |
shall be elected in 1983. | 55 |
In the Brown county municipal court, one full-time judge | 56 |
shall be elected in 2005. Beginning February 9, 2003, the | 57 |
part-time judge of the Brown county county court that existed | 58 |
prior to that date whose term commenced on January 2, 2001, shall | 59 |
serve as the full-time judge of the Brown county municipal court | 60 |
until December 31, 2005. | 61 |
In the Bryan municipal court, one full-time judge shall be | 62 |
elected in 1965. | 63 |
In the Cambridge municipal court, one full-time judge shall | 64 |
be elected in 1951. | 65 |
In the Campbell municipal court, one part-time judge shall be | 66 |
elected in 1963. | 67 |
In the Canton municipal court, one full-time judge shall be | 68 |
elected in 1951, one full-time judge shall be elected in 1969, and | 69 |
two full-time judges shall be elected in 1977. | 70 |
In the Carroll county municipal court, one full-time judge | 71 |
shall be elected in 2009. Beginning January 1, 2007, the judge | 72 |
elected in 2006 to the part-time judgeship of the Carroll county | 73 |
county court that existed prior to that date shall serve as the | 74 |
full-time judge of the Carroll county municipal court until | 75 |
December 31, 2009. | 76 |
In the Celina municipal court, one full-time judge shall be | 77 |
elected in 1957. | 78 |
In the Champaign county municipal court, one full-time judge | 79 |
shall be elected in 2001. | 80 |
In the Chardon municipal court, one full-time judge shall be | 81 |
elected in 1963. | 82 |
In the Chillicothe municipal court, one full-time judge shall | 83 |
be elected in 1951, and one full-time judge shall be elected in | 84 |
1977. | 85 |
In the Circleville municipal court, one full-time judge shall | 86 |
be elected in 1953. | 87 |
In the Clark county municipal court, one full-time judge | 88 |
shall be elected in 1989, and two full-time judges shall be | 89 |
elected in 1991. The full-time judges of the Springfield municipal | 90 |
court who were elected in 1983 and 1985 shall serve as the judges | 91 |
of the Clark county municipal court from January 1, 1988, until | 92 |
the end of their respective terms. | 93 |
In the Clermont county municipal court, two full-time judges | 94 |
shall be elected in 1991, and one full-time judge shall be elected | 95 |
in 1999. | 96 |
In the Cleveland municipal court, six full-time judges shall | 97 |
be elected in 1975, three full-time judges shall be elected in | 98 |
1953, and four full-time judges shall be elected in 1955. | 99 |
In the Cleveland Heights municipal court, one full-time judge | 100 |
shall be elected in 1957. | 101 |
In the Clinton county municipal court, one full-time judge | 102 |
shall be elected in 1997. The full-time judge of the Wilmington | 103 |
municipal court who was elected in 1991 shall serve as the judge | 104 |
of the Clinton county municipal court from July 1, 1992, until the | 105 |
end of that judge's term on December 31, 1997. | 106 |
In the Columbiana county municipal court, two full-time | 107 |
judges shall be elected in 2001. | 108 |
In the Conneaut municipal court, one full-time judge shall be | 109 |
elected in 1953. | 110 |
In the Coshocton municipal court, one full-time judge shall | 111 |
be elected in 1951. | 112 |
In the Crawford county municipal court, one full-time judge | 113 |
shall be elected in 1977. | 114 |
In the Cuyahoga Falls municipal court, one full-time judge | 115 |
shall be elected in 1953, and one full-time judge shall be elected | 116 |
in 1967. Effective December 31, 2008, the Cuyahoga Falls municipal | 117 |
court shall cease to exist; however, the judges of the Cuyahoga | 118 |
Falls municipal court who were elected pursuant to this section in | 119 |
2003 and 2007 for terms beginning on January 1, 2004, and January | 120 |
1, 2008, respectively, shall serve as full-time judges of the Stow | 121 |
municipal court until December 31, 2009, and December 31, 2013, | 122 |
respectively. | 123 |
In the Darke county municipal court, one full-time judge | 124 |
shall be elected in 2005. Beginning January 1, 2005, the part-time | 125 |
judge of the Darke county county court that existed prior to that | 126 |
date whose term began on January 1, 2001, shall serve as the | 127 |
full-time judge of the Darke county municipal court until December | 128 |
31, 2005. | 129 |
In the Dayton municipal court, three full-time judges shall | 130 |
be elected in 1987, their terms to commence on successive days | 131 |
beginning on the first day of January next after their election, | 132 |
and two full-time judges shall be elected in 1955, their terms to | 133 |
commence on successive days beginning on the second day of January | 134 |
next after their election. | 135 |
In the Defiance municipal court, one full-time judge shall be | 136 |
elected in 1957. | 137 |
In the Delaware municipal court, one full-time judge shall be | 138 |
elected in 1953, and one full-time judge shall be elected in 2007. | 139 |
In the East Cleveland municipal court, one full-time judge | 140 |
shall be elected in 1957. | 141 |
In the East Liverpool municipal court, one full-time judge | 142 |
shall be elected in 1953. | 143 |
In the Eaton municipal court, one full-time judge shall be | 144 |
elected in 1973. | 145 |
In the Elyria municipal court, one full-time judge shall be | 146 |
elected in 1955, and one full-time judge shall be elected in 1973. | 147 |
In the Erie county municipal court, one full-time judge shall | 148 |
be elected in 2007. | 149 |
In the Euclid municipal court, one full-time judge shall be | 150 |
elected in 1951. | 151 |
In the Fairborn municipal court, one full-time judge shall be | 152 |
elected in 1977. | 153 |
In the Fairfield county municipal court, one full-time judge | 154 |
shall be elected in 2003, and one full-time judge shall be elected | 155 |
in 2005. | 156 |
In the Fairfield municipal court, one full-time judge shall | 157 |
be elected in 1989. | 158 |
In the Findlay municipal court, one full-time judge shall be | 159 |
elected in 1955, and one full-time judge shall be elected in 1993. | 160 |
In the Fostoria municipal court, one full-time judge shall be | 161 |
elected in 1975. | 162 |
In the Franklin municipal court, one part-time judge shall be | 163 |
elected in 1951. | 164 |
In the Franklin county municipal court, two full-time judges | 165 |
shall be elected in 1969, three full-time judges shall be elected | 166 |
in 1971, seven full-time judges shall be elected in 1967, one | 167 |
full-time judge shall be elected in 1975, one full-time judge | 168 |
shall be elected in 1991, and one full-time judge shall be elected | 169 |
in 1997. | 170 |
In the Fremont municipal court, one full-time judge shall be | 171 |
elected in 1975. | 172 |
In the Gallipolis municipal court, one full-time judge shall | 173 |
be elected in 1981. | 174 |
In the Garfield Heights municipal court, one full-time judge | 175 |
shall be elected in 1951, and one full-time judge shall be elected | 176 |
in 1981. | 177 |
In the Girard municipal court, one full-time judge shall be | 178 |
elected in 1963. | 179 |
In the Hamilton municipal court, one full-time judge shall be | 180 |
elected in 1953. | 181 |
In the Hamilton county municipal court, five full-time judges | 182 |
shall be elected in 1967, five full-time judges shall be elected | 183 |
in 1971, two full-time judges shall be elected in 1981, and two | 184 |
full-time judges shall be elected in 1983. All terms of judges of | 185 |
the Hamilton county municipal court shall commence on the first | 186 |
day of January next after their election, except that the terms of | 187 |
the additional judges to be elected in 1981 shall commence on | 188 |
January 2, 1982, and January 3, 1982, and that the terms of the | 189 |
additional judges to be elected in 1983 shall commence on January | 190 |
4, 1984, and January 5, 1984. | 191 |
In the Hardin county municipal court, one part-time judge | 192 |
shall be elected in 1989. | 193 |
In the Hillsboro municipal court, one full-time judge shall | 194 |
be elected in 2011. On and after December 30, 2008, the part-time | 195 |
judge of the Hillsboro municipal court who was elected in 2005 | 196 |
shall serve as a full-time judge of the court until the end of | 197 |
that judge's term on December 31, 2011. | 198 |
In the Hocking county municipal court, one full-time judge | 199 |
shall be elected in 1977. | 200 |
In the Holmes county municipal court, one full-time judge | 201 |
shall be elected in 2007. Beginning January 1, 2007, the part-time | 202 |
judge of the Holmes county county court that existed prior to that | 203 |
date whose term commenced on January 1, 2007, shall serve as the | 204 |
full-time judge of the Holmes county municipal court until | 205 |
December 31, 2007. | 206 |
In the Huron municipal court, one part-time judge shall be | 207 |
elected in 1967. | 208 |
In the Ironton municipal court, one full-time judge shall be | 209 |
elected in 1951. | 210 |
In the Jackson county municipal court, one full-time judge | 211 |
shall be elected in 2001. On and after March 31, 1997, the | 212 |
part-time judge of the Jackson county municipal court who was | 213 |
elected in 1995 shall serve as a full-time judge of the court | 214 |
until the end of that judge's term on December 31, 2001. | 215 |
In the Kettering municipal court, one full-time judge shall | 216 |
be elected in 1971, and one full-time judge shall be elected in | 217 |
1975. | 218 |
In the Lakewood municipal court, one full-time judge shall be | 219 |
elected in 1955. | 220 |
In the Lancaster municipal court, one full-time judge shall | 221 |
be elected in 1951, and one full-time judge shall be elected in | 222 |
1979. Beginning January 2, 2000, the full-time judges of the | 223 |
Lancaster municipal court who were elected in 1997 and 1999 shall | 224 |
serve as judges of the Fairfield county municipal court until the | 225 |
end of those judges' terms. | 226 |
In the Lawrence county municipal court, one part-time judge | 227 |
shall be elected in 1981. | 228 |
In the Lebanon municipal court, one part-time judge shall be | 229 |
elected in 1955. | 230 |
In the Licking county municipal court, one full-time judge | 231 |
shall be elected in 1951, and one full-time judge shall be elected | 232 |
in 1971. | 233 |
In the Lima municipal court, one full-time judge shall be | 234 |
elected in 1951, and one full-time judge shall be elected in 1967. | 235 |
In the Lorain municipal court, one full-time judge shall be | 236 |
elected in 1953, and one full-time judge shall be elected in 1973. | 237 |
In the Lyndhurst municipal court, one full-time judge shall | 238 |
be elected in 1957. | 239 |
In the Madison county municipal court, one full-time judge | 240 |
shall be elected in 1981. | 241 |
In the Mansfield municipal court, one full-time judge shall | 242 |
be elected in 1951, and one full-time judge shall be elected in | 243 |
1969. | 244 |
In the Marietta municipal court, one full-time judge shall be | 245 |
elected in 1957. | 246 |
In the Marion municipal court, one full-time judge shall be | 247 |
elected in 1951. | 248 |
In the Marysville municipal court, one full-time judge shall | 249 |
be elected in 2011. On and after January 18, 2007, the part-time | 250 |
judge of the Marysville municipal court who was elected in 2005 | 251 |
shall serve as a full-time judge of the court until the end of | 252 |
that judge's term on December 31, 2011. | 253 |
In the Mason municipal court, one part-time judge shall be | 254 |
elected in 1965. | 255 |
In the Massillon municipal court, one full-time judge shall | 256 |
be elected in 1953, and one full-time judge shall be elected in | 257 |
1971. | 258 |
In the Maumee municipal court, one full-time judge shall be | 259 |
elected in 1963. | 260 |
In the Medina municipal court, one full-time judge shall be | 261 |
elected in 1957. | 262 |
In the Mentor municipal court, one full-time judge shall be | 263 |
elected in 1971. | 264 |
In the Miami county municipal court, one full-time judge | 265 |
shall be elected in 1975, and one full-time judge shall be elected | 266 |
in 1979. | 267 |
In the Miamisburg municipal court, one full-time judge shall | 268 |
be elected in 1951. | 269 |
In the Middletown municipal court, one full-time judge shall | 270 |
be elected in 1953. | 271 |
In the Montgomery county municipal court: | 272 |
One judge shall be elected in 2011 to a part-time judgeship | 273 |
for a term to begin on January 1, 2012. If any one of the other | 274 |
judgeships of the court becomes vacant and is abolished after July | 275 |
1, 2010, this judgeship shall become a full-time judgeship on that | 276 |
date. If only one other judgeship of the court becomes vacant and | 277 |
is abolished as of December 31, 2021, this judgeship shall be | 278 |
abolished as of that date. Beginning July 1, 2010, the part-time | 279 |
judge of the Montgomery county county court that existed before | 280 |
that date whose term commenced on January 1, 2005, shall serve as | 281 |
a part-time judge of the Montgomery county municipal court until | 282 |
December 31, 2011. | 283 |
One judge shall be elected in 2011 to a full-time judgeship | 284 |
for a term to begin on January 2, 2012, and this judgeship shall | 285 |
be abolished on January 1, 2016. Beginning July 1, 2010, the | 286 |
part-time judge of the Montgomery county county court that existed | 287 |
before that date whose term commenced on January 2, 2005, shall | 288 |
serve as a full-time judge of the Montgomery county municipal | 289 |
court until January 1, 2012. | 290 |
One judge shall be elected in 2013 to a full-time judgeship | 291 |
for a term to begin on January 2, 2014. Beginning July 1, 2010, | 292 |
the part-time judge of the Montgomery county county court that | 293 |
existed before that date whose term commenced on January 2, 2007, | 294 |
shall serve as a full-time judge of the Montgomery county | 295 |
municipal court until January 1, 2014. | 296 |
One judge shall be elected in 2013 to a judgeship for a term | 297 |
to begin on January 1, 2014. If no other judgeship of the court | 298 |
becomes vacant and is abolished by January 1, 2014, this judgeship | 299 |
shall be a part-time judgeship. When one or more of the other | 300 |
judgeships of the court becomes vacant and is abolished after July | 301 |
1, 2010, this judgeship shall become a full-time judgeship. | 302 |
Beginning July 1, 2010, the part-time judge of the Montgomery | 303 |
county county court that existed before that date whose term | 304 |
commenced on January 1, 2007, shall serve as this judge of the | 305 |
Montgomery county municipal court until December 31, 2013. | 306 |
If any one of the judgeships of the court becomes vacant | 307 |
before December 31, 2021, that judgeship is abolished on the date | 308 |
that it becomes vacant, and the other judges of the court shall be | 309 |
or serve as full-time judges. The abolishment of judgeships for | 310 |
the Montgomery county municipal court shall cease when the court | 311 |
has two full-time judgeships. | 312 |
In the Morrow county municipal court, one full-time judge | 313 |
shall be elected in 2005. Beginning January 1, 2003, the part-time | 314 |
judge of the Morrow county county court that existed prior to that | 315 |
date shall serve as the full-time judge of the Morrow county | 316 |
municipal court until December 31, 2005. | 317 |
In the Mount Vernon municipal court, one full-time judge | 318 |
shall be elected in 1951. | 319 |
In the Napoleon municipal court, one full-time judge shall be | 320 |
elected in 2005. | 321 |
In the New Philadelphia municipal court, one full-time judge | 322 |
shall be elected in 1975. | 323 |
In the Newton Falls municipal court, one full-time judge | 324 |
shall be elected in 1963. | 325 |
In the Niles municipal court, one full-time judge shall be | 326 |
elected in 1951. | 327 |
In the Norwalk municipal court, one full-time judge shall be | 328 |
elected in 1975. | 329 |
In the Oakwood municipal court, one part-time judge shall be | 330 |
elected in 1953. | 331 |
In the Oberlin municipal court, one full-time judge shall be | 332 |
elected in 1989. | 333 |
In the Oregon municipal court, one full-time judge shall be | 334 |
elected in 1963. | 335 |
In the Ottawa county municipal court, one full-time judge | 336 |
shall be elected in 1995, and the full-time judge of the Port | 337 |
Clinton municipal court who is elected in 1989 shall serve as the | 338 |
judge of the Ottawa county municipal court from February 4, 1994, | 339 |
until the end of that judge's term. | 340 |
In the Painesville municipal court, one full-time judge shall | 341 |
be elected in 1951. | 342 |
In the Parma municipal court, one full-time judge shall be | 343 |
elected in 1951, one full-time judge shall be elected in 1967, and | 344 |
one full-time judge shall be elected in 1971. | 345 |
In the Perrysburg municipal court, one full-time judge shall | 346 |
be elected in 1977. | 347 |
In the Portage county municipal court, two full-time judges | 348 |
shall be elected in 1979, and one full-time judge shall be elected | 349 |
in 1971. | 350 |
In the Port Clinton municipal court, one full-time judge | 351 |
shall be elected in 1953. The full-time judge of the Port Clinton | 352 |
municipal court who is elected in 1989 shall serve as the judge of | 353 |
the Ottawa county municipal court from February 4, 1994, until the | 354 |
end of that judge's term. | 355 |
In the Portsmouth municipal court, one full-time judge shall | 356 |
be elected in 1951, and one full-time judge shall be elected in | 357 |
1985. | 358 |
In the Putnam county municipal court, one full-time judge | 359 |
shall be elected in 2011. Beginning January 1, 2011, the part-time | 360 |
judge of the Putnam county county court that existed prior to that | 361 |
date whose term commenced on January 1, 2007, shall serve as the | 362 |
full-time judge of the Putnam county municipal court until | 363 |
December 31, 2011. | 364 |
In the Rocky River municipal court, one full-time judge shall | 365 |
be elected in 1957, and one full-time judge shall be elected in | 366 |
1971. | 367 |
In the Sandusky municipal court, one full-time judge shall be | 368 |
elected in 1953. | 369 |
In the Sandusky county municipal court, one full-time judge | 370 |
shall be elected in 2013. Beginning on January 1, 2013, the two | 371 |
part-time judges of the Sandusky county county court that existed | 372 |
prior to that date shall serve as part-time judges of the Sandusky | 373 |
county municipal court until December 31, 2013. If either | 374 |
judgeship becomes vacant before January 1, 2014, that judgeship is | 375 |
abolished on the date it becomes vacant, and the person who holds | 376 |
the other judgeship shall serve as the full-time judge of the | 377 |
Sandusky county municipal court until December 31, 2013. | 378 |
In the Shaker Heights municipal court, one full-time judge | 379 |
shall be elected in 1957. | 380 |
In the Shelby municipal court, one part-time judge shall be | 381 |
elected in 1957. | 382 |
In the Sidney municipal court, one full-time judge shall be | 383 |
elected in 1995. | 384 |
In the South Euclid municipal court, one full-time judge | 385 |
shall be elected in 1999. The part-time judge elected in 1993, | 386 |
whose term commenced on January 1, 1994, shall serve until | 387 |
December 31, 1999, and the office of that judge is abolished on | 388 |
January 1, 2000. | 389 |
In the Springfield municipal court, two full-time judges | 390 |
shall be elected in 1985, and one full-time judge shall be elected | 391 |
in 1983, all of whom shall serve as the judges of the Springfield | 392 |
municipal court through December 31, 1987, and as the judges of | 393 |
the Clark county municipal court from January 1, 1988, until the | 394 |
end of their respective terms. | 395 |
In the Steubenville municipal court, one full-time judge | 396 |
shall be elected in 1953. | 397 |
In the Stow municipal court, one full-time judge shall be | 398 |
elected in 2009, and one full-time judge shall be elected in 2013. | 399 |
Beginning January 1, 2009, the judge of the Cuyahoga Falls | 400 |
municipal court that existed prior to that date whose term | 401 |
commenced on January 1, 2008, shall serve as a full-time judge of | 402 |
the Stow municipal court until December 31, 2013. Beginning | 403 |
January 1, 2009, the judge of the Cuyahoga Falls municipal court | 404 |
that existed prior to that date whose term commenced on January 1, | 405 |
2004, shall serve as a full-time judge of the Stow municipal court | 406 |
until December 31, 2009. | 407 |
In the Struthers municipal court, one part-time judge shall | 408 |
be elected in 1963. | 409 |
In the Sylvania municipal court, one full-time judge shall be | 410 |
elected in 1963. | 411 |
In the Tiffin municipal court, one full-time judge shall be | 412 |
elected in 1953. | 413 |
In the Toledo municipal court, two full-time judges shall be | 414 |
elected in 1971, four full-time judges shall be elected in 1975, | 415 |
and one full-time judge shall be elected in 1973. | 416 |
In the Upper Sandusky municipal court, one full-time judge | 417 |
shall be elected in 2011. The part-time judge elected in 2005, | 418 |
whose term commenced on January 1, 2006, shall serve as a | 419 |
full-time judge on and after January 1, 2008, until the expiration | 420 |
of that judge's term on December 31, 2011, and the office of that | 421 |
judge is abolished on January 1, 2012. | 422 |
In the Vandalia municipal court, one full-time judge shall be | 423 |
elected in 1959. | 424 |
In the Van Wert municipal court, one full-time judge shall be | 425 |
elected in 1957. | 426 |
In the Vermilion municipal court, one part-time judge shall | 427 |
be elected in 1965. | 428 |
In the Wadsworth municipal court, one full-time judge shall | 429 |
be elected in 1981. | 430 |
In the Warren municipal court, one full-time judge shall be | 431 |
elected in 1951, and one full-time judge shall be elected in 1971. | 432 |
In the Washington Court House municipal court, one full-time | 433 |
judge shall be elected in 1999. The part-time judge elected in | 434 |
1993, whose term commenced on January 1, 1994, shall serve until | 435 |
December 31, 1999, and the office of that judge is abolished on | 436 |
January 1, 2000. | 437 |
In the Wayne county municipal court, one full-time judge | 438 |
shall be elected in 1975, and one full-time judge shall be elected | 439 |
in 1979. | 440 |
In the Willoughby municipal court, one full-time judge shall | 441 |
be elected in 1951. | 442 |
In the Wilmington municipal court, one full-time judge shall | 443 |
be elected in 1991, who shall serve as the judge of the Wilmington | 444 |
municipal court through June 30, 1992, and as the judge of the | 445 |
Clinton county municipal court from July 1, 1992, until the end of | 446 |
that judge's term on December 31, 1997. | 447 |
In the Xenia municipal court, one full-time judge shall be | 448 |
elected in 1977. | 449 |
In the Youngstown municipal court, one full-time judge shall | 450 |
be elected in 1951, and | 451 |
elected in
| 452 |
In the Zanesville municipal court, one full-time judge shall | 453 |
be elected in 1953. | 454 |
Sec. 1905.01. (A) In Georgetown in Brown county, in Mount | 455 |
Gilead in Morrow county, in any municipal corporation located | 456 |
entirely on an island in Lake Erie, and in all other municipal | 457 |
corporations having a population of more than | 458 |
other than Batavia in Clermont county, not being the site of a | 459 |
municipal court nor a place where a judge of the Auglaize county, | 460 |
Crawford county, Jackson county, Miami county, Montgomery county, | 461 |
Portage county, or Wayne county municipal court sits as required | 462 |
pursuant to section 1901.021 of the Revised Code or by designation | 463 |
of the judges pursuant to section 1901.021 of the Revised Code, | 464 |
the mayor of the municipal corporation has jurisdiction, except as | 465 |
provided in divisions (B), (C), and (E) of this section and | 466 |
subject to the limitation contained in section 1905.03 and the | 467 |
limitation contained in section 1905.031 of the Revised Code, to | 468 |
hear and determine any prosecution for the violation of an | 469 |
ordinance of the municipal corporation, to hear and determine any | 470 |
case involving a violation of a vehicle parking or standing | 471 |
ordinance of the municipal corporation unless the violation is | 472 |
required to be handled by a parking violations bureau or joint | 473 |
parking violations bureau pursuant to Chapter 4521. of the Revised | 474 |
Code, and to hear and determine all criminal causes involving any | 475 |
moving traffic violation occurring on a state highway located | 476 |
within the boundaries of the municipal corporation, subject to the | 477 |
limitations of sections 2937.08 and 2938.04 of the Revised Code. | 478 |
(B)(1) In Georgetown in Brown county, in Mount Gilead in | 479 |
Morrow county, in any municipal corporation located entirely on an | 480 |
island in Lake Erie, and in all other municipal corporations | 481 |
having a population of more than | 482 |
Batavia in Clermont county, not being the site of a municipal | 483 |
court nor a place where a judge of a court listed in division (A) | 484 |
of this section sits as required pursuant to section 1901.021 of | 485 |
the Revised Code or by designation of the judges pursuant to | 486 |
section 1901.021 of the Revised Code, the mayor of the municipal | 487 |
corporation has jurisdiction, subject to the limitation contained | 488 |
in section 1905.03 of the Revised Code, to hear and determine | 489 |
prosecutions involving a violation of an ordinance of the | 490 |
municipal corporation relating to operating a vehicle while under | 491 |
the influence of alcohol, a drug of abuse, or a combination of | 492 |
them or relating to operating a vehicle with a prohibited | 493 |
concentration of alcohol, a controlled substance, or a metabolite | 494 |
of a controlled substance in the whole blood, blood serum or | 495 |
plasma, breath, or urine, and to hear and determine criminal | 496 |
causes involving a violation of section 4511.19 of the Revised | 497 |
Code that occur on a state highway located within the boundaries | 498 |
of the municipal corporation, subject to the limitations of | 499 |
sections 2937.08 and 2938.04 of the Revised Code, only if the | 500 |
person charged with the violation, within six years of the date of | 501 |
the violation charged, has not been convicted of or pleaded guilty | 502 |
to any of the following: | 503 |
(a) A violation of an ordinance of any municipal corporation | 504 |
relating to operating a vehicle while under the influence of | 505 |
alcohol, a drug of abuse, or a combination of them or relating to | 506 |
operating a vehicle with a prohibited concentration of alcohol, a | 507 |
controlled substance, or a metabolite of a controlled substance in | 508 |
the whole blood, blood serum or plasma, breath, or urine; | 509 |
(b) A violation of section 4511.19 of the Revised Code; | 510 |
(c) A violation of any ordinance of any municipal corporation | 511 |
or of any section of the Revised Code that regulates the operation | 512 |
of vehicles, streetcars, and trackless trolleys upon the highways | 513 |
or streets, to which all of the following apply: | 514 |
(i) The person, in the case in which the conviction was | 515 |
obtained or the plea of guilty was entered, had been charged with | 516 |
a violation of an ordinance of a type described in division | 517 |
(B)(1)(a) of this section, or with a violation of section 4511.19 | 518 |
of the Revised Code; | 519 |
(ii) The charge of the violation described in division | 520 |
(B)(1)(c)(i) of this section was dismissed or reduced; | 521 |
(iii) The violation of which the person was convicted or to | 522 |
which the person pleaded guilty arose out of the same facts and | 523 |
circumstances and the same act as did the charge that was | 524 |
dismissed or reduced. | 525 |
(d) A violation of a statute of the United States or of any | 526 |
other state or a municipal ordinance of a municipal corporation | 527 |
located in any other state that is substantially similar to | 528 |
section 4511.19 of the Revised Code. | 529 |
(2) The mayor of a municipal corporation does not have | 530 |
jurisdiction to hear and determine any prosecution or criminal | 531 |
cause involving a violation described in division (B)(1)(a) or (b) | 532 |
of this section, regardless of where the violation occurred, if | 533 |
the person charged with the violation, within six years of the | 534 |
violation charged, has been convicted of or pleaded guilty to any | 535 |
violation listed in division (B)(1)(a), (b), (c), or (d) of this | 536 |
section. | 537 |
If the mayor of a municipal corporation, in hearing a | 538 |
prosecution involving a violation of an ordinance of the municipal | 539 |
corporation the mayor serves relating to operating a vehicle while | 540 |
under the influence of alcohol, a drug of abuse, or a combination | 541 |
of them or relating to operating a vehicle with a prohibited | 542 |
concentration of alcohol, a controlled substance, or a metabolite | 543 |
of a controlled substance in the whole blood, blood serum or | 544 |
plasma, breath, or urine, or in hearing a criminal cause involving | 545 |
a violation of section 4511.19 of the Revised Code, determines | 546 |
that the person charged, within six years of the violation | 547 |
charged, has been convicted of or pleaded guilty to any violation | 548 |
listed in division (B)(1)(a), (b), (c), or (d) of this section, | 549 |
the mayor immediately shall transfer the case to the county court | 550 |
or municipal court with jurisdiction over the violation charged, | 551 |
in accordance with section 1905.032 of the Revised Code. | 552 |
(C)(1) In Georgetown in Brown county, in Mount Gilead in | 553 |
Morrow county, in any municipal corporation located entirely on an | 554 |
island in Lake Erie, and in all other municipal corporations | 555 |
having a population of more than | 556 |
Batavia in Clermont county, not being the site of a municipal | 557 |
court and not being a place where a judge of a court listed in | 558 |
division (A) of this section sits as required pursuant to section | 559 |
1901.021 of the Revised Code or by designation of the judges | 560 |
pursuant to section 1901.021 of the Revised Code, the mayor of the | 561 |
municipal corporation, subject to sections 1901.031, 2937.08, and | 562 |
2938.04 of the Revised Code, has jurisdiction to hear and | 563 |
determine prosecutions involving a violation of a municipal | 564 |
ordinance that is substantially equivalent to division (A) of | 565 |
section 4510.14 or section 4510.16 of the Revised Code and to hear | 566 |
and determine criminal causes that involve a moving traffic | 567 |
violation, that involve a violation of division (A) of section | 568 |
4510.14 or section 4510.16 of the Revised Code, and that occur on | 569 |
a state highway located within the boundaries of the municipal | 570 |
corporation only if all of the following apply regarding the | 571 |
violation and the person charged: | 572 |
(a) Regarding a violation of section 4510.16 of the Revised | 573 |
Code or a violation of a municipal ordinance that is substantially | 574 |
equivalent to that division, the person charged with the | 575 |
violation, within six years of the date of the violation charged, | 576 |
has not been convicted of or pleaded guilty to any of the | 577 |
following: | 578 |
(i) A violation of section 4510.16 of the Revised Code; | 579 |
(ii) A violation of a municipal ordinance that is | 580 |
substantially equivalent to section 4510.16 of the Revised Code; | 581 |
(iii) A violation of any municipal ordinance or section of | 582 |
the Revised Code that regulates the operation of vehicles, | 583 |
streetcars, and trackless trolleys upon the highways or streets, | 584 |
in a case in which, after a charge against the person of a | 585 |
violation of a type described in division (C)(1)(a)(i) or (ii) of | 586 |
this section was dismissed or reduced, the person is convicted of | 587 |
or pleads guilty to a violation that arose out of the same facts | 588 |
and circumstances and the same act as did the charge that was | 589 |
dismissed or reduced. | 590 |
(b) Regarding a violation of division (A) of section 4510.14 | 591 |
of the Revised Code or a violation of a municipal ordinance that | 592 |
is substantially equivalent to that division, the person charged | 593 |
with the violation, within six years of the date of the violation | 594 |
charged, has not been convicted of or pleaded guilty to any of the | 595 |
following: | 596 |
(i) A violation of division (A) of section 4510.14 of the | 597 |
Revised Code; | 598 |
(ii) A violation of a municipal ordinance that is | 599 |
substantially equivalent to division (A) of section 4510.14 of the | 600 |
Revised Code; | 601 |
(iii) A violation of any municipal ordinance or section of | 602 |
the Revised Code that regulates the operation of vehicles, | 603 |
streetcars, and trackless trolleys upon the highways or streets in | 604 |
a case in which, after a charge against the person of a violation | 605 |
of a type described in division (C)(1)(b)(i) or (ii) of this | 606 |
section was dismissed or reduced, the person is convicted of or | 607 |
pleads guilty to a violation that arose out of the same facts and | 608 |
circumstances and the same act as did the charge that was | 609 |
dismissed or reduced. | 610 |
(2) The mayor of a municipal corporation does not have | 611 |
jurisdiction to hear and determine any prosecution or criminal | 612 |
cause involving a violation described in division (C)(1)(a)(i) or | 613 |
(ii) of this section if the person charged with the violation, | 614 |
within six years of the violation charged, has been convicted of | 615 |
or pleaded guilty to any violation listed in division | 616 |
(C)(1)(a)(i), (ii), or (iii) of this section and does not have | 617 |
jurisdiction to hear and determine any prosecution or criminal | 618 |
cause involving a violation described in division (C)(1)(b)(i) or | 619 |
(ii) of this section if the person charged with the violation, | 620 |
within six years of the violation charged, has been convicted of | 621 |
or pleaded guilty to any violation listed in division | 622 |
(C)(1)(b)(i), (ii), or (iii) of this section. | 623 |
(3) If the mayor of a municipal corporation, in hearing a | 624 |
prosecution involving a violation of an ordinance of the municipal | 625 |
corporation the mayor serves that is substantially equivalent to | 626 |
division (A) of section 4510.14 or section 4510.16 of the Revised | 627 |
Code or a violation of division (A) of section 4510.14 or section | 628 |
4510.16 of the Revised Code, determines that, under division | 629 |
(C)(2) of this section, mayors do not have jurisdiction of the | 630 |
prosecution, the mayor immediately shall transfer the case to the | 631 |
county court or municipal court with jurisdiction over the | 632 |
violation in accordance with section 1905.032 of the Revised Code. | 633 |
(D) If the mayor of a municipal corporation has jurisdiction | 634 |
pursuant to division (B)(1) of this section to hear and determine | 635 |
a prosecution or criminal cause involving a violation described in | 636 |
division (B)(1)(a) or (b) of this section, the authority of the | 637 |
mayor to hear or determine the prosecution or cause is subject to | 638 |
the limitation contained in division (C) of section 1905.03 of the | 639 |
Revised Code. If the mayor of a municipal corporation has | 640 |
jurisdiction pursuant to division (A) or (C) of this section to | 641 |
hear and determine a prosecution or criminal cause involving a | 642 |
violation other than a violation described in division (B)(1)(a) | 643 |
or (b) of this section, the authority of the mayor to hear or | 644 |
determine the prosecution or cause is subject to the limitation | 645 |
contained in division (C) of section 1905.031 of the Revised Code. | 646 |
(E)(1) The mayor of a municipal corporation does not have | 647 |
jurisdiction to hear and determine any prosecution or criminal | 648 |
cause involving any of the following: | 649 |
(a) A violation of section 2919.25 or 2919.27 of the Revised | 650 |
Code; | 651 |
(b) A violation of section 2903.11, 2903.12, 2903.13, | 652 |
2903.211, or 2911.211 of the Revised Code that involves a person | 653 |
who was a family or household member of the defendant at the time | 654 |
of the violation; | 655 |
(c) A violation of a municipal ordinance that is | 656 |
substantially equivalent to an offense described in division | 657 |
(E)(1)(a) or (b) of this section and that involves a person who | 658 |
was a family or household member of the defendant at the time of | 659 |
the violation. | 660 |
(2) The mayor of a municipal corporation does not have | 661 |
jurisdiction to hear and determine a motion filed pursuant to | 662 |
section 2919.26 of the Revised Code or filed pursuant to a | 663 |
municipal ordinance that is substantially equivalent to that | 664 |
section or to issue a protection order pursuant to that section or | 665 |
a substantially equivalent municipal ordinance. | 666 |
(3) As used in this section, "family or household member" has | 667 |
the same meaning as in section 2919.25 of the Revised Code. | 668 |
(F) In keeping a docket and files, the mayor, and a mayor's | 669 |
court magistrate appointed under section 1905.05 of the Revised | 670 |
Code, shall be governed by the laws pertaining to county courts. | 671 |
Sec. 4511.204. (A) No person shall drive a motor vehicle, | 672 |
trackless trolley, or streetcar on any street, highway, or | 673 |
property open to the public for vehicular traffic while using a | 674 |
handheld electronic wireless communications device to write, send, | 675 |
or read a text-based communication. | 676 |
(B) Division (A) of this section does not apply to any of the | 677 |
following: | 678 |
(1) A person using a handheld electronic wireless | 679 |
communications device in that manner for emergency purposes, | 680 |
including an emergency contact with a law enforcement agency, | 681 |
hospital or health care provider, fire department, or other | 682 |
similar emergency agency or entity; | 683 |
(2) A person driving a public safety vehicle who uses a | 684 |
handheld electronic wireless communications device in that manner | 685 |
in the course of the person's duties; | 686 |
(3) A person using a handheld electronic wireless | 687 |
communications device in that manner whose motor vehicle is in a | 688 |
stationary position and who is outside a lane of travel; | 689 |
(4) A person reading, selecting, or entering a name or | 690 |
telephone number in a handheld electronic wireless communications | 691 |
device for the purpose of making or receiving a telephone call; | 692 |
(5) A person receiving wireless messages on a device | 693 |
regarding the operation or navigation of a motor vehicle; | 694 |
safety-related information, including emergency, traffic, or | 695 |
weather alerts; or data used primarily by the motor vehicle; | 696 |
(6) A person receiving wireless messages via radio waves; | 697 |
(7) A person using a device for navigation purposes; | 698 |
(8) A person conducting wireless interpersonal communication | 699 |
with a device that does not require manually entering letters, | 700 |
numbers, or symbols or reading text messages, except to activate, | 701 |
deactivate, or initiate the device or a feature or function of the | 702 |
device; | 703 |
(9) A person operating a commercial truck while using a | 704 |
mobile data terminal that transmits and receives data; | 705 |
(10) A person using a handheld electronic wireless | 706 |
communications device in conjunction with a voice-operated or | 707 |
hands-free device feature or function of the vehicle. | 708 |
(C) Notwithstanding any provision of law to the contrary, no | 709 |
law enforcement officer shall cause an operator of an automobile | 710 |
being operated on any street or highway to stop the automobile for | 711 |
the sole purpose of determining whether a violation of division | 712 |
(A) of this section has been or is being committed or for the sole | 713 |
purpose of issuing a ticket, citation, or summons for a violation | 714 |
of that nature or causing the arrest of or commencing a | 715 |
prosecution of a person for a violation of that nature, and no law | 716 |
enforcement officer shall view the interior or visually inspect | 717 |
any automobile being operated on any street or highway for the | 718 |
sole purpose of determining whether a violation of that nature has | 719 |
been or is being committed. | 720 |
(D) Whoever violates division (A) of this section is guilty | 721 |
of a minor misdemeanor. | 722 |
(E) This section shall not be construed as invalidating, | 723 |
preempting, or superseding a substantially equivalent municipal | 724 |
ordinance that prescribes penalties for violations of that | 725 |
ordinance that are greater than the penalties prescribed in this | 726 |
section for violations of this section. | 727 |
(F) A prosecution for a violation of this section does not | 728 |
preclude a prosecution for a violation of a substantially | 729 |
equivalent municipal ordinance based on the same conduct. However, | 730 |
if an offender is convicted of or pleads guilty to a violation of | 731 |
this section and is also convicted of or pleads guilty to a | 732 |
violation of a substantially equivalent municipal ordinance based | 733 |
on the same conduct, the two offenses are allied offenses of | 734 |
similar import under section 2941.25 of the Revised Code. | 735 |
(G) As used in this section: | 736 |
(1) "Electronic wireless communications device" includes any | 737 |
of the following: | 738 |
(a) A wireless telephone; | 739 |
(b) A text-messaging device; | 740 |
(c) A personal digital assistant; | 741 |
(d) A computer, including a laptop computer and a computer | 742 |
tablet; | 743 |
(e) Any other substantially similar wireless device that is | 744 |
designed or used to communicate text. | 745 |
(2) "Voice-operated or hands-free device" means a device that | 746 |
allows the user to vocally compose or send, or to listen to a | 747 |
text-based communication without the use of either hand except to | 748 |
activate or deactivate a feature or function. | 749 |
(3) "Write, send, or read a text-based communication" means | 750 |
to manually write or send, or read a text-based communication | 751 |
using an electronic wireless communications device, including | 752 |
manually writing or sending, or reading communications referred to | 753 |
as text messages, instant messages, or electronic mail. | 754 |
Sec. 4511.205. (A) No holder of a temporary instruction | 755 |
permit who has not attained the age of eighteen years and no | 756 |
holder of a probationary driver's license shall drive a motor | 757 |
vehicle on any street, highway, or property used by the public for | 758 |
purposes of vehicular traffic or parking while using in any manner | 759 |
an electronic wireless communications device. | 760 |
(B) Division (A) of this section does not apply to either of | 761 |
the following: | 762 |
(1) A person using an electronic wireless communications | 763 |
device for emergency purposes, including an emergency contact with | 764 |
a law enforcement agency, hospital or health care provider, fire | 765 |
department, or other similar emergency agency or entity; | 766 |
(2) A person using an electronic wireless communications | 767 |
device whose motor vehicle is in a stationary position and the | 768 |
motor vehicle is outside a lane of travel; | 769 |
(3) A person using a navigation device in a voice-operated or | 770 |
hands-free manner who does not manipulate the device while | 771 |
driving. | 772 |
(C)(1) Except as provided in division (C)(2) of this section, | 773 |
whoever violates division (A) of this section shall be fined one | 774 |
hundred fifty dollars. In addition, the court shall impose a class | 775 |
seven suspension of the offender's driver's license or permit for | 776 |
a definite period of sixty days. | 777 |
(2) If the | 778 |
adjudicated a delinquent child or a juvenile traffic offender for | 779 |
a violation of this section, whoever violates this section shall | 780 |
be fined three hundred dollars. In addition, the court shall | 781 |
impose a class seven suspension of the | 782 |
driver's license or permit for a definite period of one year. | 783 |
(D) The filing of a sworn complaint against a person for a | 784 |
violation of this section does not preclude the filing of a sworn | 785 |
complaint for a violation of a substantially equivalent municipal | 786 |
ordinance for the same conduct. However, if a person is | 787 |
adjudicated a delinquent child or a juvenile traffic offender for | 788 |
a violation of this section and is also adjudicated a delinquent | 789 |
child or a juvenile traffic offender for a violation of a | 790 |
substantially equivalent municipal ordinance for the same conduct, | 791 |
the two offenses are allied offenses of similar import under | 792 |
section 2941.25 of the Revised Code. | 793 |
(E) As used in this section, "electronic wireless | 794 |
communications device" includes any of the following: | 795 |
(1) A wireless telephone; | 796 |
(2) A personal digital assistant; | 797 |
(3) A computer, including a laptop computer and a computer | 798 |
tablet; | 799 |
(4) A text-messaging device; | 800 |
(5) Any other substantially similar electronic wireless | 801 |
device that is designed or used to communicate via voice, image, | 802 |
or written word. | 803 |
Section 2. That existing sections 1901.08, 1905.01, | 804 |
4511.204, and 4511.205 of the Revised Code are hereby repealed. | 805 |
Section 3. The judgeship of the Youngstown Municipal Court | 806 |
that is abolished by this act is the judgeship whose term began on | 807 |
January 1, 2008. The term of the judge elected in 2013 to succeed | 808 |
the judge whose term began on January 2, 2008, shall begin on | 809 |
January 1, 2014. | 810 |
Section 4. (A) Upon the effective date of this act, within | 811 |
each municipal corporation with a population of two hundred or | 812 |
less, except for any municipal corporation located entirely on an | 813 |
island in Lake Erie, the jurisdiction of the mayor in all civil | 814 |
and criminal causes that otherwise was granted under section | 815 |
1905.01 of the Revised Code prior to the effective date of this | 816 |
act terminates. Upon the effective date of this act, all | 817 |
prosecutions, cases, criminal causes, and other proceedings then | 818 |
pending in a mayor's court of a municipal corporation that has a | 819 |
population of two hundred or less and is not located entirely on | 820 |
an island in Lake Erie shall be transferred to and proceed in the | 821 |
municipal court, county court, or court of common pleas with | 822 |
jurisdiction over the alleged violation that is the basis of the | 823 |
prosecution, case, cause, or proceeding, as if the prosecution, | 824 |
case, cause, or proceeding originally had been instituted in the | 825 |
municipal court, county court, or court of common pleas. | 826 |
(B) Upon the transfer of a prosecution, case, criminal cause, | 827 |
or other proceeding to a municipal court, county court, or court | 828 |
of common pleas under division (A) of this section, the mayor of | 829 |
the municipal corporation before whom the prosecution, case, | 830 |
cause, or proceeding was pending upon the effective date of this | 831 |
act shall transfer to the municipal court, county court, or court | 832 |
of common pleas the pleadings, orders, entries, dockets, bonds, | 833 |
papers, records, books, exhibits, files, moneys, property, and | 834 |
persons that belong to, are in the possession of, or were subject | 835 |
to the jurisdiction of the mayor and that pertain to the | 836 |
transferred prosecution, case, cause, or proceeding. | 837 |