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As Reported by House Criminal Justice Committee
123rd General Assembly
Regular Session
1999-2000 | Sub. H. B. No. 29 |
REPRESENTATIVES GRENDELL-PRINGLE-CLANCY-SCHULER-JERSE-
TAYLOR-MOTTLEY-WILLAMOWSKI-WOMERBENJAMIN
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) A VIOLATION OF DIVISION (B) OF THIS SECTION IS A
FELONY OF THE THIRD DEGREE IF THE JURY OR JUDGE AS TRIER OF FACT FINDS ANY OF
THE FOLLOWING BY
PROOF BEYOND A REASONABLE DOUBT:
(i) THE OPERATION OF THE MOTOR VEHICLE
BY THE OFFENDER WAS A PROXIMATE CAUSE OF SERIOUS PHYSICAL HARM
TO PERSONS.
(ii) THE OPERATION OF THE MOTOR
VEHICLE BY THE OFFENDER CAUSED A SUBSTANTIAL RISK OF SERIOUS
PHYSICAL HARM TO PERSONS.
(b) IF A POLICE OFFICER PURSUES AN OFFENDER WHO IS
VIOLATING DIVISION (B) OF THIS
SECTION AND DIVISION (C)(5)(a)
OF THIS SECTION APPLIES, THE SENTENCING COURT, IN
SENTENCING AN OFFENDER FOR A VIOLATION OF DIVISION
(B) OF THIS SECTION, SHALL
CONSIDER, ALONG WITH THE FACTORS SET FORTH IN SECTIONS 2929.12
AND 2929.13 OF THE REVISED
CODE, ALL OF THE
FOLLOWING:
(i) THE DURATION OF THE
PURSUIT;
(ii) THE DISTANCE OF THE
PURSUIT;
(iii) THE RATE OF SPEED AT WHICH THE
OFFENDER OPERATED THE MOTOR VEHICLE DURING THE PURSUIT;
(iv) WHETHER THE OFFENDER FAILED TO
STOP FOR TRAFFIC LIGHTS OR STOP SIGNS DURING THE PURSUIT;
(v) THE NUMBER OF TRAFFIC LIGHTS OR
STOP SIGNS FOR WHICH THE OFFENDER FAILED TO STOP DURING THE PURSUIT;
(vi) WHETHER THE OFFENDER OPERATED THE
MOTOR VEHICLE DURING THE PURSUIT WITHOUT LIGHTED LIGHTS DURING A TIME WHEN
LIGHTED
LIGHTS ARE REQUIRED;
(vii) WHETHER THE OFFENDER COMMITTED
A MOVING VIOLATION DURING THE PURSUIT;
(viii) THE NUMBER OF MOVING VIOLATIONS
THE OFFENDER COMMITTED
DURING THE PURSUIT;
(ix) ANY OTHER RELEVANT FACTORS
INDICATING THAT THE OFFENDER'S CONDUCT IS MORE SERIOUS THAN
CONDUCT NORMALLY CONSTITUTING THE OFFENSE.
(D) IF AN OFFENDER IS SENTENCED PURSUANT TO DIVISION (C)(4) OR
(5) OF THIS SECTION FOR A VIOLATION OF DIVISION (B) OF THIS SECTION,
AND IF THE OFFENDER IS SENTENCED TO A PRISON TERM FOR THAT VIOLATION, THE
OFFENDER SHALL SERVE THE PRISON TERM CONSECUTIVELY TO ANY OTHER PRISON TERM OR
MANDATORY PRISON TERM IMPOSED UPON THE OFFENDER.
(E) As used in this section, "police:
(1) "MOVING VIOLATION" HAS THE SAME MEANING AS IN SECTION 2743.70 of the Revised Code.
(2) "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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