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| To amend sections 4508.02 and 4511.093 and to enact | 1 |
| sections 4511.204 and 4511.205 of the Revised Code | 2 |
| to prohibit driving a vehicle while writing, | 3 |
| sending, or reading a text-based communication on | 4 |
| a handheld electronic wireless communications | 5 |
| device and to establish the violation as a | 6 |
| secondary traffic offense; to prohibit a person | 7 |
| who is less than 18 years of age from using, in | 8 |
| any manner, an electronic wireless communications | 9 |
| device while driving; and to require driver | 10 |
| education courses to include instruction in the | 11 |
| dangers of texting while driving. | 12 |
| Section 1. That sections 4508.02 and 4511.093 be amended and | 13 |
| sections 4511.204 and 4511.205 of the Revised Code be enacted to | 14 |
| read as follows: | 15 |
| Sec. 4508.02. (A) The director of public safety, subject to | 16 |
| Chapter 119. of the Revised Code, shall adopt and prescribe such | 17 |
| rules concerning the administration and enforcement of this | 18 |
| chapter as are necessary to protect the public. The director shall | 19 |
| inspect the school facilities and equipment of applicants and | 20 |
| licensees and examine applicants for instructor's licenses. | 21 |
| (B) The director shall administer and enforce this chapter. | 22 |
| (C) The rules shall require twenty-four hours of classroom | 23 |
| instruction, and eight hours of actual behind-the-wheel | 24 |
| instruction conducted on public streets and highways of this state | 25 |
| for all beginning drivers of noncommercial motor vehicles who are | 26 |
| under age eighteen. The rules also shall require the classroom | 27 |
| instruction for such drivers to include instruction in the dangers | 28 |
| of driving a motor vehicle while using an electronic wireless | 29 |
| communications device to write, send, or read a text-based | 30 |
| communication. | 31 |
| (D) The rules shall state the minimum hours for classroom and | 32 |
| behind-the-wheel instruction required for beginning drivers of | 33 |
| commercial trucks, commercial cars, buses, and commercial | 34 |
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tractors, trailers, and | 35 |
| Sec. 4511.093. (A)(1) No law enforcement officer who stops | 36 |
| the operator of a motor vehicle in the course of an authorized | 37 |
| sobriety or other motor vehicle checkpoint operation or a motor | 38 |
| vehicle safety inspection shall issue a ticket, citation, or | 39 |
| summons for a secondary traffic offense unless in the course of | 40 |
| the checkpoint operation or safety inspection the officer first | 41 |
| determines that an offense other than a secondary traffic offense | 42 |
| has occurred and either places the operator or a vehicle occupant | 43 |
| under arrest or issues a ticket, citation, or summons to the | 44 |
| operator or a vehicle occupant for an offense other than a | 45 |
| secondary offense. | 46 |
| (2) A law enforcement agency that operates a motor vehicle | 47 |
| checkpoint for an express purpose related to a secondary traffic | 48 |
| offense shall not issue a ticket, citation, or summons for any | 49 |
| secondary traffic offense at such a checkpoint, but may use such a | 50 |
| checkpoint operation to conduct a public awareness campaign and | 51 |
| distribute information. | 52 |
| (B) As used in this section, "secondary traffic offense" | 53 |
| means a violation of division (A) or (F)(2) of section 4507.05, | 54 |
| division (B)(1)(a) or (b) or (E) of section 4507.071, division (A) | 55 |
| of section 4511.204, division (C) or (D) of section 4511.81, | 56 |
| division (A)(3) of section 4513.03, or division (B) of section | 57 |
| 4513.263 of the Revised Code. | 58 |
| Sec. 4511.204. (A) No person shall drive a motor vehicle, | 59 |
| trackless trolley, or streetcar on any street, highway, or | 60 |
| property open to the public for vehicular traffic while using a | 61 |
| handheld electronic wireless communications device to write, send, | 62 |
| or read a text-based communication. | 63 |
| (B) Division (A) of this section does not apply to any of the | 64 |
| following: | 65 |
| (1) A person using a handheld electronic wireless | 66 |
| communications device in that manner for emergency purposes, | 67 |
| including an emergency contact with a law enforcement agency, | 68 |
| hospital or health care provider, fire department, or other | 69 |
| similar emergency agency or entity; | 70 |
| (2) A person driving a public safety vehicle who uses a | 71 |
| handheld electronic wireless communications device in that manner | 72 |
| in the course of the person's duties; | 73 |
| (3) A person using a handheld electronic wireless | 74 |
| communications device in that manner whose motor vehicle is in a | 75 |
| stationary position and who is outside a lane of travel; | 76 |
| (4) A person reading, selecting, or entering a name or | 77 |
| telephone number in a handheld electronic wireless communications | 78 |
| device for the purpose of making or receiving a telephone call; | 79 |
| (5) A person receiving wireless messages on a device | 80 |
| regarding the operation or navigation of a motor vehicle; | 81 |
| safety-related information, including emergency, traffic, or | 82 |
| weather alerts; or data used primarily by the motor vehicle; | 83 |
| (6) A person receiving wireless messages via radio waves; | 84 |
| (7) A person using a device for navigation purposes; | 85 |
| (8) A person conducting wireless interpersonal communication | 86 |
| with a device that does not require manually entering letters, | 87 |
| numbers, or symbols or reading text messages, except to activate, | 88 |
| deactivate, or initiate the device or a feature or function of the | 89 |
| device; | 90 |
| (9) A person operating a commercial truck while using a | 91 |
| mobile data terminal that transmits and receives data; | 92 |
| (10) A person using a handheld electronic wireless | 93 |
| communications device in conjunction with a voice-operated or | 94 |
| hands-free device feature or function of the vehicle. | 95 |
| (C) Notwithstanding any provision of law to the contrary, no | 96 |
| law enforcement officer shall cause an operator of an automobile | 97 |
| being operated on any street or highway to stop the automobile for | 98 |
| the sole purpose of determining whether a violation of division | 99 |
| (A) of this section has been or is being committed or for the sole | 100 |
| purpose of issuing a ticket, citation, or summons for a violation | 101 |
| of that nature or causing the arrest of or commencing a | 102 |
| prosecution of a person for a violation of that nature, and no law | 103 |
| enforcement officer shall view the interior or visually inspect | 104 |
| any automobile being operated on any street or highway for the | 105 |
| sole purpose of determining whether a violation of that nature has | 106 |
| been or is being committed. | 107 |
| (D) Whoever violates division (A) of this section is guilty | 108 |
| of a minor misdemeanor. | 109 |
| (E) This section shall not be construed as invalidating, | 110 |
| preempting, or superseding a substantially equivalent municipal | 111 |
| ordinance that prescribes penalties for violations of that | 112 |
| ordinance that are greater than the penalties prescribed in this | 113 |
| section for violations of this section. | 114 |
| (F) As used in this section: | 115 |
| (1) "Electronic wireless communications device" includes any | 116 |
| of the following: | 117 |
| (a) A wireless telephone; | 118 |
| (b) A text-messaging device; | 119 |
| (c) A personal digital assistant; | 120 |
| (d) A computer, including a laptop computer and a computer | 121 |
| tablet; | 122 |
| (e) Any other substantially similar wireless device that is | 123 |
| designed or used to communicate text. | 124 |
| (2) "Voice-operated or hands-free device" means a device that | 125 |
| allows the user to vocally compose or send, or to listen to a | 126 |
| text-based communication without the use of either hand except to | 127 |
| activate or deactivate a feature or function. | 128 |
| (3) "Write, send, or read a text-based communication" means | 129 |
| to manually write or send, or read a text-based communication | 130 |
| using an electronic wireless communications device, including | 131 |
| manually writing or sending, or reading communications referred to | 132 |
| as text messages, instant messages, or electronic mail. | 133 |
| Sec. 4511.205. (A) No holder of a temporary instruction | 134 |
| permit who has not attained the age of eighteen years and no | 135 |
| holder of a probationary driver's license shall drive a motor | 136 |
| vehicle on any street, highway, or property used by the public for | 137 |
| purposes of vehicular traffic or parking while using in any manner | 138 |
| an electronic wireless communications device. | 139 |
| (B) Division (A) of this section does not apply to either of | 140 |
| the following: | 141 |
| (1) A person using an electronic wireless communications | 142 |
| device for emergency purposes, including an emergency contact with | 143 |
| a law enforcement agency, hospital or health care provider, fire | 144 |
| department, or other similar emergency agency or entity; | 145 |
| (2) A person using an electronic wireless communications | 146 |
| device whose motor vehicle is in a stationary position and the | 147 |
| motor vehicle is outside a lane of travel; | 148 |
| (3) A person using a navigation device in a voice-operated or | 149 |
| hands-free manner who does not manipulate the device while | 150 |
| driving. | 151 |
| (C)(1) Except as provided in division (C)(2) of this section, | 152 |
| whoever violates division (A) of this section shall be fined one | 153 |
| hundred fifty dollars. In addition, the court shall impose a class | 154 |
| seven suspension of the offender's driver's license or permit for | 155 |
| a definite period of sixty days. | 156 |
| (2) If the offender previously has been convicted of a | 157 |
| violation of this section, whoever violates this section shall be | 158 |
| fined three hundred dollars. In addition, the court shall impose a | 159 |
| class seven suspension of the offender's driver's license or | 160 |
| permit for a definite period of one year. | 161 |
| (D) As used in this section, "electronic wireless | 162 |
| communications device" includes any of the following: | 163 |
| (1) A wireless telephone; | 164 |
| (2) A personal digital assistant; | 165 |
| (3) A computer, including a laptop computer and a computer | 166 |
| tablet; | 167 |
| (4) A text-messaging device; | 168 |
| (5) Any other substantially similar electronic wireless | 169 |
| device that is designed or used to communicate via voice, image, | 170 |
| or written word. | 171 |
| Section 2. That existing sections 4508.02 and 4511.093 of | 172 |
| the Revised Code are hereby repealed. | 173 |
| Section 3. For the six-month period commencing on the | 174 |
| effective date of this act, no law enforcement officer shall issue | 175 |
| to the operator of any motor vehicle being operated upon a street | 176 |
| or highway within this state a ticket, citation, or summons for a | 177 |
| violation of section 4511.204 or 4511.205 of the Revised Code, or | 178 |
| cause the arrest of or commence a prosecution of a person for a | 179 |
| violation of that division. Instead, during that period of time | 180 |
| the law enforcement officer shall issue to such an operator a | 181 |
| written warning, informing the operator of the existence of | 182 |
| section 4511.204 or 4511.205 of the Revised Code and that after | 183 |
| the date that is six months after the effective date of this act, | 184 |
| a law enforcement officer who observes that the operator of a | 185 |
| motor vehicle has committed or is committing a violation of | 186 |
| section 4511.204 or 4511.205 of the Revised Code will be | 187 |
| authorized to issue a ticket, citation, or summons to that | 188 |
| operator for that violation or to cause the arrest of or commence | 189 |
| a prosecution of such an operator for a violation of that | 190 |
| division. | 191 |