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H. B. No. 50As IntroducedAs Introduced
| 125th General Assembly | | Regular Session | | 2003-2004 |
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REPRESENTATIVES Hughes, Latta, Flowers, J. Stewart, Gilb, McGregor, DePiero, Redfern, Allen, Seaver, Schaffer, Barrett, Young, Schmidt, Grendell
A BILL
To amend section 4549.99 of the Revised Code to
increase the penalty for failure to stop after an
accident if the violation caused the death of a
person and to amend the versions of sections
4549.02 and 4549.021 of the Revised Code that are
scheduled to take effect January 1, 2004, to
continue the provisions of this act on and after
that effective date.
Section 1. That section 4549.99 of the Revised Code be
amended to read as follows:
Sec. 4549.99. (A) Whoever violates section 4549.01,
4549.10, 4549.11, or 4549.12 of the Revised Code is guilty of a
minor misdemeanor on a first offense and a misdemeanor of the
fourth
degree
on each subsequent offense. (B) Except as otherwise provided in this division,
whoever
violates section 4549.02,
4549.021, or 4549.03
of the Revised Code
is guilty of a misdemeanor of the first
degree. Whoever violates
section 4549.02 or 4549.021 of the
Revised Code when the accident
or collision that is the
basis of the violation results in serious
physical harm
or death to a person
is guilty
of a felony of the
fifth degree
and whoever violates those sections when the accident
or collision that is the basis of the violation results in the
death of a person is guilty of a felony of the third degree. (C) Whoever violates section 4549.042 or sections 4549.41
to
4549.46 of the Revised Code is guilty of a felony of the
fourth
degree on a first offense and a felony of the third degree on
each
subsequent offense. The prosecuting attorney of the proper
county, or the
attorney general by information or complaint, may
bring a criminal action
in the courts of common pleas of this
state, or in any other
court of competent jurisdiction, to enforce
the provisions of
sections 4549.41 to 4549.51 of the Revised Code.
The attorney
general and the prosecuting attorney of the county in
which a
person licensed or granted a permit under Chapter 4517. of
the
Revised Code is convicted of, or pleads guilty to, a violation
of
sections 4549.41 to 4549.46 of the Revised Code shall report
the
conviction or guilty plea to the registrar of motor vehicles
within five business days. (D) Whoever violates section 4549.08 of the Revised Code
is
guilty of a misdemeanor of the fourth degree on a first
offense
and
a misdemeanor of the third degree on each subsequent offense. (E) Whoever violates section 4549.18 or division (D)(4)(c)
of section 4549.62 of the Revised Code is guilty of a minor
misdemeanor. (F) Whoever violates division (A), (B), (C), or (D)(1) of
section 4549.62 of the Revised Code is guilty of a felony of the
fifth degree on a first offense and a felony of the
fourth
degree
on each subsequent offense.
Section 2. That existing section 4549.99 of the Revised Code
is hereby repealed.
Section 3. The amendment of section 4549.99 of the Revised
Code by this act is not intended to supersede the earlier repeal,
with delayed effective date, of that section by Am. Sub. S.B. 123
of the 124th General Assembly.
Section 4. That the versions of sections 4549.02 and 4549.021
of the Revised Code that are scheduled to take effect January 1,
2004, be amended to read as follows:
Sec. 4549.02.
(A) In case of accident to or collision with
persons
or property
upon
any of the public roads or highways, due
to the driving or operation thereon
of
any motor vehicle, the
person
driving or operating
the motor vehicle,
having
knowledge
of
the accident or collision,
immediately
shall stop
the
driver's or operator's motor vehicle at the
scene of the
accident
or collision and shall remain at the
scene
of
the accident or
collision until
the
driver or
operator
has given
the driver's or
operator's name and
address and, if
the driver or operator is not
the owner, the
name and address
of the owner of
that motor
vehicle,
together with the
registered number of
that motor
vehicle, to any person
injured in
the
accident or collision or to
the operator,
occupant, owner, or attendant of any
motor vehicle
damaged in
the accident or collision,
or to any police officer at
the scene
of
the accident or
collision. In the event the injured person is unable to comprehend and
record the
information required to be given by this section, the
other driver involved in
the accident or collision
forthwith
shall notify the nearest
police authority concerning the
location
of the accident or collision, and
the driver's name,
address, and
the registered number of the
motor vehicle
the
driver was
operating,
and then remain at the scene of the accident
or
collision until a police
officer arrives, unless removed from
the
scene by an emergency vehicle
operated
by a political
subdivision
or an ambulance. If
the accident or collision is with an unoccupied or
unattended motor
vehicle, the operator
who collides
with
the
motor vehicle shall securely
attach the information
required to be
given in this section, in writing, to a
conspicuous
place in or on
the unoccupied or unattended
motor vehicle. (B)
Whoever violates division (A) of this section is
guilty
of failure to stop after an accident, a misdemeanor of the first
degree. If the violation results in serious physical harm
or
death to a
person, failure to stop after an accident is a felony
of the fifth degree.
If the violation results in the death of a
person, failure to stop after an accident is a felony of the third
degree.
The court, in addition to any other
penalties provided by
law, shall impose
upon the offender a class
five suspension of the
offender's driver's license,
commercial
driver's license,
temporary instruction permit, probationary
license, or nonresident
operating privilege from the range
specified in
division (A)(5) of
section 4510.02 of the Revised
Code. No judge shall suspend the
first six months of suspension of
an offender's license, permit,
or privilege required by this
division.
Sec. 4549.021.
(A) In case of accident or collision
resulting
in injury or damage to persons or property upon any
public or
private property other than public roads or highways,
due to the
driving or operation thereon of any motor vehicle, the
person
driving or operating
the motor vehicle, having
knowledge
of
the
accident or collision, shall stop, and, upon
request of
the
person injured or damaged, or any other person,
shall give
that
person
the driver's or operator's name
and address, and, if
the driver or operator is not the owner,
the
name and address of
the owner of
that motor vehicle,
together
with the registered
number of
that motor vehicle,
and, if
available, exhibit
the
driver's or operator's driver's
or
commercial driver's license. If the owner or person in charge of
the damaged property
is
not furnished such information, the driver of the motor
vehicle
involved in the accident or collision, within
twenty-four
hours
after
the accident or collision,
shall forward to
the
police
department of the city or village in which
the
accident or
collision occurred or if it occurred outside the
corporate limits
of a city or village to the sheriff of the
county
in which
the
accident or collision occurred the same
information required to be
given to the owner or person in
control
of
the damaged property
and give the date, time,
and
location
of the accident or
collision. If the accident or collision is with an unoccupied or
unattended motor vehicle, the operator
who collides
with
the
motor vehicle shall securely attach the information
required to
be
given in this section, in writing, to a conspicuous
place in
or on
the unoccupied or unattended motor vehicle. (B)
Whoever violates division (A) of this section is
guilty
of failure to stop after a nonpublic road accident, a misdemeanor
of
the first degree. If the violation results in serious physical
harm
or death
to a person, failure to stop after a nonpublic road
accident is a felony of
the fifth degree.
If the violation results
in the death of a person, failure to stop after a nonpublic road
accident is a felony of the third degree. The court, in addition
to any other penalties provided by
law, shall impose upon the
offender a class five suspension of the offender's
driver's
license, commercial driver's license, temporary instruction
permit,
probationary license, or nonresident operating privilege
from the range
specified in division (A)(5) of section 4510.02 of
the Revised Code. No judge shall suspend the first six months of
suspension of an offender's license, permit, or privilege required
by this division.
Section 5. That the existing versions of sections 4549.02 and
4549.021 of the Revised Code that are scheduled to take effect
January 1, 2004, are hereby repealed.
Section 6. Sections 4 and 5 of this act take effect January
1, 2004. |
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