130th Ohio General Assembly
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As Passed by the House

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

REPRESENTATIVES GRENDELL-PRINGLE-CLANCY-SCHULER-JERSE- TAYLOR-MOTTLEY-WILLAMOWSKI-WOMERBENJAMIN-DAMSCHRODER- TERWILLEGER-PADGETT-AUSTRIA-ALLEN-DISTEL-KRUPINSKI-DePIERO- HOOPS-METELSKY-EVANS-FLANNERY-HARTNETT-MAIER-SALERNO-FORD- THOMAS-BENDER-BUEHRER


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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