As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 99


Representatives Damschroder, Garland 

Cosponsors: Representatives Antonio, Boyd, Celeste, Clyde, DeGeeter, Derickson, Dovilla, Fende, Goyal, Grossman, Hackett, Heard, Hottinger, Mallory, Murray, Okey, Pillich, Ruhl, Stebelton, Stinziano, Szollosi, Winburn, Yuko 



A BILL
To enact section 4511.204 of the Revised Code to 1
prohibit driving a vehicle while writing, sending, 2
or reading a text-based communication on an 3
electronic wireless communications device.4


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

       Section 1. That section 4511.204 of the Revised Code be 5
enacted to read as follows: 6

       Sec. 4511.204.  (A) No person shall drive a motor vehicle, 7
trackless trolley, or streetcar on any street, highway, or 8
property open to the public for vehicular traffic while using an 9
electronic wireless communications device to write, send, or read 10
a text-based communication.11

       (B) Division (A) of this section does not apply to any of the 12
following:13

       (1) A person using an electronic wireless communications 14
device in that manner for emergency purposes, including an 15
emergency contact with a law enforcement agency, hospital or 16
health care provider, fire department, or other similar emergency 17
agency or entity;18

       (2) A person driving a public safety vehicle who uses an 19
electronic wireless communications device in that manner in the 20
course of the person's duties;21

       (3) A person using an electronic wireless communications 22
device in that manner whose motor vehicle is in a stationary 23
position, with the transmission in the park or neutral setting or 24
with the engine or power to the motor off, and who is outside a 25
lane of travel;26

       (4) A person reading, selecting, or entering a name or 27
telephone number in an electronic wireless communications device 28
for the purpose of making or receiving a telephone call;29

       (5) A person receiving wireless messages on a device 30
regarding the operation or navigation of a motor vehicle; 31
safety-related information, including emergency, traffic, or 32
weather alerts; or data used primarily by the motor vehicle;33

       (6) A person receiving wireless messages via radio waves;34

       (7) A person using a device for navigation purposes;35

       (8) A person conducting wireless interpersonal communication 36
with a device that does not require manually entering letters, 37
numbers, or symbols or reading text messages, except to activate, 38
deactivate, or initiate the device or a feature or function of the 39
device;40

       (9) A person operating a commercial truck while using a 41
mobile data terminal that transmits and receives data.42

       (C) Whoever violates division (A) of this section is guilty 43
of a minor misdemeanor.44

       (D) As used in this section:45

       (1) "Electronic wireless communications device" includes any 46
of the following:47

       (a) A wireless telephone;48

       (b) A text-messaging device;49

       (c) A personal digital assistant;50

       (d) A computer;51

       (e) Any other substantially similar wireless device that is 52
designed or used to communicate text.53

       (2) "Write, send, or read a text-based communication" means 54
to manually write or send, or read a text-based communication 55
using an electronic wireless communications device, including 56
manually writing or sending, or reading communications referred to 57
as text messages, instant messages, or electronic mail.58

       Section 2.  For the six-month period commencing on the 59
effective date of this act, no law enforcement officer shall issue 60
to the operator of any motor vehicle being operated upon a street 61
or highway within this state a ticket, citation, or summons for a 62
violation of division (A) of section 4511.204 of the Revised Code, 63
or cause the arrest of or commence a prosecution of a person for a 64
violation of that division. Instead, during that period of time 65
the law enforcement officer shall issue to such an operator a 66
written warning, informing the operator of the existence of 67
division (A) of section 4511.204 of the Revised Code and that 68
after the date that is six months after the effective date of this 69
act, a law enforcement officer who observes that the operator of a 70
motor vehicle has committed or is committing a violation of 71
division (A) of section 4511.204 of the Revised Code will be 72
authorized to issue a ticket, citation, or summons to that 73
operator for that violation or to cause the arrest of or commence 74
a prosecution of such an operator for a violation of that 75
division.76