130th Ohio General Assembly
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As Introduced

123rd General Assembly
Regular Session
1999-2000
H. B. No. 29

REPRESENTATIVES GRENDELL-PRINGLE-CLANCY-SCHULER-JERSE- TAYLOR-MOTTLEY


A BILL
To amend section 2921.331 of the Revised Code to increase the penalty for "failure to comply with an order or signal of a police officer" regarding the dangerous operation of a motor vehicle.

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


Section 1. That section 2921.331 of the Revised Code be amended to read as follows:

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

(B) No person shall operate a motor vehicle so as willfully to elude or flee a police officer after receiving a visible or audible signal from a police officer to bring his THE PERSON'S motor vehicle to a stop.

(C)(1) Whoever violates this section is guilty of failure to comply with an order or signal of a police officer. A

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

(3) EXCEPT AS PROVIDED IN DIVISIONS (C)(4) AND (5) OF THIS SECTION, A violation of division (B) of this section is a misdemeanor of the first degree, except that a.

(4) EXCEPT AS PROVIDED IN DIVISION (C)(5) OF THIS SECTION, A violation of division (B) of this section is a felony of the fourth degree if the jury or judge as trier of fact finds any one of the following by proof beyond a reasonable doubt:

(1)(a) In committing the offense, the offender was fleeing immediately after the commission of a felony;

(2).

(b) The operation of the motor vehicle by the offender was a proximate cause of serious physical harm to persons or property;

(3).

(c) The operation of the motor vehicle by the offender caused a substantial risk of serious physical harm to persons or property.

(5) A VIOLATION OF DIVISION (B) OF THIS SECTION IS A FELONY OF THE SECOND DEGREE IF THE JURY OR JUDGE AS TRIER OF FACT FINDS BY PROOF BEYOND A REASONABLE DOUBT THAT IN OPERATING THE MOTOR VEHICLE THE OFFENDER EITHER CREATED A SUBSTANTIAL RISK OF SERIOUS PHYSICAL HARM TO PERSONS OR PROPERTY OR CAUSED SERIOUS PHYSICAL HARM TO PERSONS OR PROPERTY BY DOING BOTH OF THE FOLLOWING:

(a) OPERATING THE MOTOR VEHICLE FOR A SIGNIFICANT PERIOD OF TIME AT A RATE OF SPEED AT LEAST THIRTY-FIVE MILES PER HOUR IN EXCESS OF THE APPLICABLE SPEED LIMIT AND IN AN AREA WITH HEAVY VEHICULAR OR PEDESTRIAN TRAFFIC;

(b) ONE OF THE FOLLOWING:

(i) FAILING TO STOP FOR TRAFFIC LIGHTS OR STOP SIGNS;

(ii) OPERATING THE MOTOR VEHICLE WITHOUT LIGHTED LIGHTS DURING A TIME IN WHICH LIGHTED LIGHTS ARE REQUIRED.

(D) As used in this section, "police officer" has the same meaning as in section 4511.01 of the Revised Code.


Section 2. That existing section 2921.331 of the Revised Code is hereby repealed.
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