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Am. H. B. No. 179As Passed by the HouseAs Passed by the House
125th General Assembly | Regular Session | 2003-2004 |
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REPRESENTATIVES Wolpert, McGregor, DeWine, C. Evans, Carano, Schmidt, Flowers, Aslanides, D. Evans, Gibbs, Allen, Seitz, Beatty, Harwood, Book, Schlichter, Willamowski, Grendell, Latta, Barrett, Boccieri, Buehrer, Carmichael, Cates, Chandler, Cirelli, Clancy, Collier, Daniels, DeBose, Domenick, Gilb, Hagan, Hoops, Hughes, Jerse, Jolivette, Kearns, Key, Koziura, Niehaus, Olman, Price, Reidelbach, Schaffer, Schneider, Seaver, G. Smith, S. Smith, D. Stewart, J. Stewart, Taylor, Ujvagi, Wagner, Walcher, Widener, Williams, Wilson, Woodard, Young
A BILL
To amend section 2913.02 of the Revised Code to
permit a suspension of the driver's
licenses of certain repeat offenders of theft by causing a motor vehicle to
leave the
premises of a retail gasoline
establishment
without full payment for gasoline
dispensed into
the motor vehicle's fuel tank or another
container and to declare that those sections in the Revised Code that regulate theft of gasoline in certain circumstances are general laws.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 2913.02 of the Revised Code be
amended to read as follows:
Sec. 2913.02. (A) No person, with purpose to deprive the
owner of property or services, shall knowingly obtain or exert
control over either the property or services in any of the
following ways: (1) Without the consent of the owner or person authorized
to
give consent; (2) Beyond the scope of the express or implied consent of
the owner or person authorized to give consent; (B)(1) Whoever violates this section is guilty of theft. (2) Except as otherwise
provided in this division or
division (B)(3), (4), (5), or (6) of
this section, a violation of
this section is petty theft, a
misdemeanor of the first degree.
If
the value of the property or
services stolen is five hundred
dollars or more and is less than
five thousand dollars or if the
property stolen is any of the
property listed in section 2913.71
of the Revised Code, a
violation of this section is theft, a
felony of the fifth
degree. If the value of the property or
services stolen is five
thousand dollars or more and is less than
one hundred thousand
dollars, a violation of this
section is grand
theft, a felony of the fourth degree. If the value of the
property or
services stolen is one hundred thousand dollars or
more, a
violation of this section is aggravated theft, a felony of
the
third degree. (3) Except as otherwise provided in division (B)(4),
(5), or
(6)
of this section, if the victim of the offense is an elderly
person or
disabled adult, a violation
of this section is theft
from an elderly person or disabled adult, and
division (B)(3) of
this section applies. Except as
otherwise provided in this
division, theft from an elderly person or disabled
adult is a
felony of the fifth degree. If the value of the property or
services stolen is five hundred dollars or more and is less than
five thousand dollars, theft from an elderly person or disabled
adult is a felony of the fourth degree. If the value of the
property or services stolen is five thousand dollars or more and
is less than twenty-five thousand dollars, theft from an elderly
person or disabled adult is a felony of the third degree. If the
value of the property or services stolen is twenty-five thousand
dollars or more,
theft from an elderly person or disabled adult is
a felony of the
second degree. (4) If the property stolen is a firearm or dangerous
ordnance,
a violation of
this section is grand theft, a felony of
the fourth degree. (5) If the property stolen is a motor vehicle,
a violation
of this section
is grand theft of a motor vehicle, a felony of the
fourth degree. (6) If the property stolen is any dangerous drug, a
violation of
this section is theft of drugs, a felony of the
fourth degree,
or, if the offender previously has been convicted
of a felony
drug abuse offense, a felony of the third degree.
(7) In addition to the penalties described in division
(B)(2) of this section, if the offender committed the violation by
causing a motor vehicle to leave the premises of an establishment
at which gasoline is offered for retail sale without the offender
making full payment for gasoline that was dispensed into the fuel
tank of the motor vehicle or into another container and if, within six years of that violation, the offender has been convicted of or pleaded guilty to theft by committing a violation of that type, the court
may do one of the following:
(a) Unless division (B)(7)(b) of this section applies,
suspend for six months the offender's driver's license,
probationary driver's license, commercial driver's license,
temporary instruction permit, or nonresident operating privilege;
(b) If the offender's driver's license, probationary
driver's license, commercial driver's license, temporary
instruction permit, or nonresident operating privilege has
previously been suspended pursuant to division (B)(7)(a) of this
section, suspend the person's license, permit, or privilege for
one year.
(C) The sentencing court that suspends an offender's license,
permit, or nonresident operating privilege under division (B)(7)
of this section may grant the offender driving privileges during
the period of the suspension for the following purposes: (1) To drive to and from the offender's place of employment
or school; (2) To drive as necessary in situations involving a medical
emergency.
Section 2. That existing section 2913.02 of the Revised Code
is hereby repealed.
Section 3. The General Assembly declares that the sections of the Revised Code that regulate persons who leave the premises of establishments at which gasoline is offered for retail sale without the person making full payment for gasoline that was dispensed at that establishment, including section 2913.02 of the Revised Code, are general laws that completely fill the field of regulation of that nature. Any municipal ordinance that prohibits establishments at which gasoline is offered for retail sale from requiring the prepayment of gasoline is in conflict with those general laws.
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