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Sub. H. B. No. 30 As Passed by the SenateAs Passed by the Senate
125th General Assembly | Regular Session | 2003-2004 |
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Representatives Williams, Kearns, Calvert, Flowers, S. Patton, Perry, Price, Reinhard, Schlichter, Widowfield, Carano, Distel, Driehaus, C. Evans, D. Evans, T. Patton, Peterson, Redfern, Setzer, Sferra, Taylor
Senators Mallory, Brady, DiDonato, Fingerhut, Hagan, Harris, Hottinger, Prentiss, Fedor
A BILL
To amend sections 1901.41, 1907.231, 2301.141, 4521.01, 4521.02, and 4521.10 of the
Revised Code to permit a local authority to
consider for purposes of the Local Noncriminal
Parking Law a fine of $250 to $500 for a violation of
an ordinance, resolution, or regulation that
regulates the standing or parking of a vehicle in a
disability parking space, to provide that if a
person fails to pay a fine for such a violation that person may not be
permitted to register a motor vehicle in that
person's name, and to establish retention and other guidelines for documentation of misdemeanor convictions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1901.41, 1907.231, 2301.141, 4521.01, 4521.02, and 4521.10 be
amended to read as follows:
Sec. 1901.41. (A) Notwithstanding section 149.39 of the
Revised Code and subject to division (E) of this section, each municipal court, by rule, may order the
destruction or other disposition of the files of cases that have
been finally disposed of by the court for at least five years as
follows: (1) If a case has been finally disposed of for at least
five years, but less than fifteen years prior to the adoption of
the rule of court for destruction or other disposition of the
files, the court may order the files destroyed or otherwise
disposed of only if the court first complies with division (B)(1)
of this section; (2) If a case has been finally disposed of for fifteen
years or more prior to the adoption of the rule of court for
destruction or other disposition of the files, the court may
order the files destroyed or otherwise disposed of without having
copied or reproduced the files prior to their destruction. (B)(1) Except as otherwise provided in this division, all
files destroyed or otherwise disposed of under division (A)(1) of
this section shall be copied or reproduced prior to their
destruction or disposition in the manner and according to the
procedure prescribed in section 9.01 of the Revised Code. The
copies or reproductions of the files made pursuant to section
9.01 of the Revised Code shall be retained and preserved by the
court for a period of ten years after the destruction of the
original files in accordance with this section, after which the
copies or reproductions themselves may be destroyed or otherwise
disposed of. Files destroyed or otherwise disposed of under division
(A)(1) of this section that are solely concerned with criminal
prosecutions for minor misdemeanor offenses or that are concerned
solely with minor misdemeanor traffic prosecutions do not have to be copied or
reproduced in any manner or under any procedure prior to their
destruction or disposition as provided in this section. (2) Files destroyed or otherwise disposed of under
division (A)(2) of this section do not have to be copied or
reproduced in any manner or under any procedure prior to their
destruction or disposition. (C) Nothing in this section permits or shall be construed
as permitting the destruction or other disposition of the files
in the Cleveland municipal court of cases involving the following
actions and proceedings: (1) The sale of real property in an action to foreclose
and marshal all liens on the real property; (2) The sale of real property in an action to foreclose a
mortgage on the real property; (3) The determination of rights in the title to real
property either in the form of a creditor's bill or in any other
action intended to determine or adjudicate the right, title, and
interest of a person or persons in the ownership of a parcel or
parcels of real property or any interest therein. (D) All dockets, indexes, journals, and cash books of the
court shall be retained and preserved by the court for at least
twenty-five years unless they are reproduced in the manner and
according to the procedure prescribed in section 9.01 of the
Revised Code, in which case the reproductions shall be retained
and preserved by the court at least until the expiration of the
twenty-five year period for which the originals would have had to
have been retained. Court dockets, indexes, journals, and cash
books, and all other court records also shall be subject to
destruction or other disposition under section 149.39 of the
Revised Code.
(E) Notwithstanding section 149.39 of the Revised Code, each clerk of a municipal court shall retain documentation regarding each criminal conviction and plea of guilty involving a case that is or was before the court. The documentation shall be in a form that is admissible as evidence in a criminal proceeding as evidence of a prior conviction or that is readily convertible to or producible in a form that is admissible as evidence in a criminal proceeding as evidence of a prior conviction and may be retained in any form authorized by section 9.01 of the Revised Code. The clerk shall retain this documentation for a period of fifty years after the entry of judgment in the case, except that documentation regarding cases solely concerned with minor misdemeanor offenses or minor misdemeanor traffic offenses shall be retained as provided in divisions (A) and (B) of this section, and documentation regarding other misdemeanor traffic offenses shall be retained for a period of twenty-five years after the entry of judgment in the case. This section shall apply to records currently retained and to records created on or after the effective date of this amendment September 23, 2004.
Sec. 1907.231. Notwithstanding section 149.38 of the Revised Code, each clerk of a county court shall retain documentation regarding each criminal conviction and plea of guilty involving a case that is or was before the court. The documentation shall be in a form that is admissible as evidence in a criminal proceeding as evidence of a prior conviction or that is readily convertible to or producible in a form that is admissible as evidence in a criminal proceeding as evidence of a prior conviction and may be retained in any form authorized by section 9.01 of the Revised Code. The clerk shall retain this documentation for a period of fifty years after the entry of judgment in the case, except that documentation regarding cases solely concerned with minor misdemeanor offenses or minor misdemeanor traffic offenses shall be retained as provided in divisions (A) and (B) of section 1901.41 of the Revised Code, and documentation regarding other misdemeanor traffic offenses shall be retained for a period of twenty-five years after the entry of judgment in the case. This section shall apply to records currently retained and to records created on or after the effective date of this section September 23, 2004.
Sec. 2301.141. Notwithstanding section 149.38 of the Revised Code, each clerk of a court of common pleas shall retain documentation regarding each criminal conviction and plea of guilty involving a case that is or was before the court. The documentation shall be in a form that is admissible as evidence in a criminal proceeding as evidence of a prior conviction or that is readily convertible to or producible in a form that is admissible as evidence in a criminal proceeding as evidence of a prior conviction and may be retained in any form authorized by section 9.01 of the Revised Code. The clerk shall retain this documentation for a period of fifty years after the entry of judgment in the case, except that documentation regarding cases solely concerned with minor misdemeanor offenses or minor misdemeanor traffic offenses shall be retained as provided in divisions (A) and (B) of section 1901.41 of the Revised Code, and documentation regarding other misdemeanor traffic offenses shall be retained for a period of twenty-five years after the entry of judgment in the case. This section shall apply to records currently retained and to records created on or after the effective date of this section September 23, 2004.
Sec. 4521.01. As used in this chapter: (A) "Parking infraction" means a violation of any
ordinance,
resolution, or regulation enacted by a local authority
that
regulates the standing or parking of vehicles and that is
authorized pursuant to section 505.17 or 4511.07 of the Revised
Code, or a violation of any ordinance, resolution, or regulation
enacted by a local authority as authorized by this chapter, if
the
local authority in either of these cases also has enacted an
ordinance, resolution, or regulation of the type described in
division (A) of section 4521.02 of the Revised Code in relation
to
the particular regulatory ordinance, resolution, or
regulation. (B) "Vehicle" has the same meaning as in section 4511.01
of
the Revised Code. (C) "Court" means a municipal court, county court,
juvenile
court, or mayor's court, unless specifically identified
as one of
these courts, in which case it means the specifically
identified
court. (D) "Local authority" means every county, municipal
corporation, township, or other local board or body having
authority to adopt police regulations pursuant to the
constitution
and laws of this state.
(E) "Disability parking space" means a motor vehicle parking
location that is reserved for the exclusive standing or parking of
a vehicle that is operated by or on behalf of a person with a
disability that limits or impairs the ability to walk and displays
a placard or license plates issued under section 4503.44 of the
Revised Code.
(F) "Person with a disability that limits or impairs the
ability to walk" has the same meaning as in section 4503.44 of the
Revised Code.
Sec. 4521.02. (A) A local authority that enacts any
ordinance, resolution, or regulation that regulates the standing
or parking of vehicles and that is authorized pursuant to section
505.17 or 4511.07 of the Revised Code also by ordinance,
resolution, or regulation may specify that a violation of the
regulatory ordinance, resolution, or regulation shall not be
considered a criminal offense for any purpose, that a person who
commits the violation shall not be arrested as a result of the
commission of the violation, and that the violation shall be
handled pursuant to this chapter. If such a specification is
made, the local authority also by ordinance, resolution, or
regulation shall adopt a fine for a violation of the regulatory
ordinance, resolution, or regulation and prescribe an additional
penalty or penalties for failure to answer any charges of the
violation in a timely manner. In no case shall any fine adopted
or additional penalty prescribed pursuant to this division exceed
the fine established by the municipal or county court having
territorial jurisdiction over the entire or a majority of the
political subdivision of the local authority, in its schedule of
fines established pursuant to Traffic Rule 13(C), for a
substantively comparable violation.
In
Except as provided in this
division, in no case shall any fine
adopted or additional penalty
prescribed pursuant to this
division exceed one hundred dollars,
plus costs and other
administrative charges, per violation.
If a local authority chooses to adopt a specific fine for a
violation of an ordinance, resolution, or regulation that
regulates the standing or parking of a vehicle in a disability
parking space, the fine the local authority establishes for such offense shall be an amount not less than two hundred fifty dollars but not more than five hundred dollars. (B) A local authority that enacts an ordinance,
resolution,
or regulation pursuant to division (A) of this
section also may
enact an ordinance, resolution, or regulation
that provides for
the impoundment or immobilization of vehicles
found standing or
parked in violation of the regulatory
ordinance, resolution, or
regulation and the release of the
vehicles to their owners. In no
case shall an ordinance,
resolution, or regulation require the
owner of the vehicle to
post bond or deposit cash in excess of one
thousand dollars in
order to obtain release of the vehicle. (C) A local authority that enacts any ordinance,
resolution,
or regulation pursuant to division (A) of this
section also shall
enact an ordinance, resolution, or regulation
that specifies the
time within which a person who is issued a
parking ticket must
answer in relation to the parking infraction
charged in the
ticket.
Sec. 4521.10. (A)(1) If a judgment or default
judgment is entered against a person pursuant to section 4521.08
of the Revised Code for a violation of an ordinance, resolution,
or regulation that regulates the standing or parking of a vehicle
in a disability parking space and the person has not paid the judgment or
default judgment within ten days of the date of entry of the
judgment, the parking violations bureau, joint parking violations
bureau, or traffic violations bureau in which the judgment was
entered may give notice of that fact to the registrar of motor
vehicles. The notice, if given, shall be given not earlier than
sixteen days nor later than three years after the date of entry of
the judgment, and shall be in a form and manner, and contain such
information, as the registrar prescribes.
(2) If three or more judgments or default
judgments have
been entered against a person pursuant to section
4521.08 of the
Revised Code and the person has not paid the
judgments or default
judgments within ten days of the date of
entry of the third
judgment, the parking violations bureau, joint
parking violations
bureau, or traffic violations bureau in which
the judgments were
entered may give notice of that fact to the
registrar
of motor
vehicles. The notice, if given, shall be
given not earlier than
sixteen days nor later than three years
after the date of entry of
the third judgment, and shall be in a
form and manner, and contain
such information, as the registrar
prescribes. (B)(1) Upon receipt of a notice as provided in division
(A)
of this section, neither the registrar nor any deputy
registrar
shall accept any application for the registration or
transfer of
registration of any motor vehicle owned or leased by
the person
named in the notice unless the person presents a
release as
provided in division (C) of this section or unless the
registrar
is properly notified by the parking violations bureau,
joint
parking violations bureau, or traffic violations bureau
that the
judgment or default judgment described in division (A)(1) of this
section or the judgments or default
judgments
described in
division (A)(2)
of this section have been paid,
dismissed, or
reversed
on appeal, or that the initial notice was
given in error
and is
therefore canceled. (2) The registrar shall not be required to give effect to
any notice provided by a parking violations bureau, joint parking
violations bureau, or traffic violations bureau under division
(A)
of this section unless the information contained in the "Ohio
uniform traffic tickets" described in Traffic Rule 3 (A) and (B)
that the bureau processes is transmitted to the registrar by
means
of an electronic transfer system. (C) When a notice as provided in division (A) of this
section is given to the registrar and the judgments or default
judgments are subsequently paid, dismissed, or reversed on
appeal,
or it is discovered that the notice was given in error
and is
therefore canceled, the parking violations bureau, joint
parking
violations bureau, or traffic violations bureau giving
the initial
notice shall immediately notify the registrar of such
payment,
dismissal, reversal, or cancellation. The notification
shall be
in a form and manner, and contain such information, as
the
registrar prescribes. If the initial notice was not given in
error, the parking violations bureau, joint parking violations
bureau, or traffic violations bureau shall charge the person a
five dollar processing fee for each judgment or default judgment
to cover the costs of the bureau of motor vehicles in
administering this section. Upon payment of the fee, the parking
violations bureau, joint parking violations bureau, or traffic
violations bureau shall give to the person a release to be
presented at the time of registering or transferring the
registration of a motor vehicle owned or leased by
him
the
person.
All fees
collected under this division shall be transmitted
monthly to the
registrar for deposit in the state bureau of motor
vehicles fund
established by section 4501.25 of the Revised Code. (D) The registrar shall cause the information contained in
each notice received pursuant to division (A) of this section to
be removed from the records of the bureau of motor vehicles and
of
the deputy registrars thirteen months after the date the
information was entered into the records, unless the registrar
receives a further notice from the parking violations bureau,
joint parking violations bureau, or traffic violations bureau
submitting the initial notice that the judgments or default
judgments are still outstanding. (E) When any application for the registration or transfer
of
registration of a motor vehicle is refused as provided in
division
(B) of this section, the registrar or deputy registrar
to whom
application is made shall inform the person that no such
application may be accepted unless the person presents a release
as provided in division (C) of this section or the records of the
bureau of motor vehicles and of the deputy registrar indicate
that
each judgment and default judgment against the person is
paid,
dismissed, reversed on appeal, or canceled. (F) When any person named in a notice as provided in
division (A) of this section applies for the registration or
transfer of registration of any motor vehicle owned or leased by
him
the person and presents a release as provided in division
(C)
of this
section or the records of the bureau of motor vehicles and
of any
deputy registrar to whom the application is made indicate
that
each judgment and default judgment against the person has
been
paid, dismissed, or reversed on appeal, the registrar or
deputy
registrar shall accept the application for registration or
transfer of registration and may issue a certificate of
registration or amended certificate of registration for the motor
vehicle. (G)
In determining whether the judgments or default judgments
that have been entered against a person as provided in division
(A)(2) of this section total three or more, the parking violations
bureau, joint parking violations bureau, or traffic violations
bureau may apply to that total any violation the person committed
during the relevant time period by illegally standing or parking a
vehicle in a disability parking space, irrespective of the amount
of the fine imposed for such violation.
(H) The registrar shall adopt such rules as
he
the
registrar
considers necessary to ensure the orderly operation of
sections 4521.09 and
4521.10 of the Revised Code, and any parking
violations bureau,
joint parking violations bureau, or traffic
violations bureau
shall conform to those rules.
Section 2. That existing sections 1901.41, 1907.231, 2301.141, 4521.01, 4521.02, and
4521.10 the Revised Code are hereby repealed.
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