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H. B. No. 310 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Representatives Evans, Ujvagi, Brown, Brady, Fende, Okey, Chandler
A BILL
To amend sections 2921.331, 4510.036, and 4510.31 of
the Revised Code to prohibit a person who is not
operating a motor vehicle from fleeing
from a law
enforcement officer who gives a lawful
order to
stop and to increase the minimum penalty for
fleeing and eluding a police officer in a motor
vehicle after receiving a visible or audible
signal to stop.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 2921.331, 4510.036, and 4510.31 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 the
person's motor
vehicle to a stop.
(C) No person who is not operating a motor vehicle shall
knowingly and with intent to elude or flee a law enforcement
officer disobey a lawful order or direction to stop given by a law
enforcement officer.
(D)(1) Whoever violates division (A) or (B) of this section
is guilty of failure to
comply with an order or signal of a police
officer.
(2) A violation
of division (A) of this section is a
misdemeanor of the first
degree.
(3) Except as provided in divisions (C)(D)(4) and (5) of
this
section, a violation of division (B) of this section is a
misdemeanor felony of the first fifth degree.
(4) Except as provided in division (C)(D)(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
by proof
beyond a reasonable doubt that, in committing the offense, the
offender was
fleeing
immediately after the commission of a felony.
(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 or
property.
(ii) The operation of the motor vehicle by the offender
caused a substantial risk of serious physical harm to persons or
property.
(b) If a police officer pursues an offender who is
violating
division (B) of this
section and division (C)(D)(5)(a)
of this
section applies, the sentencing court, in
determining the
seriousness of an offender's conduct for purposes of
sentencing
the 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 that are required to be
considered, 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)(E)
If an offender is sentenced pursuant to division
(C)(4)
or
(5)(D) 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)(F)
In addition to any other sanction imposed for a
violation
of division (A) or (B) of this
section, the court shall
impose a class two
suspension
from the range
specified in division
(A)(2) of section
4510.02 of
the Revised Code. If the
offender
previously has been
found
guilty of an offense under this section,
the court shall
impose a
class one suspension as described in
division (A)(1) of
that
section. The court shall not grant limited
driving
privileges to
the offender. No judge shall suspend the
first three years of
suspension under a class two suspension of an
offender's license,
permit, or privilege required by this division
on any portion of
the suspension under a class one suspension of
an offender's
license, permit, or privilege required by this
division.
(F)(G)(1) Whoever violates division (C) of this section is
guilty of fleeing from a law enforcement officer.
(2) Except as provided in divisions (G)(3) and (4) of this
section, a violation of division (C) of this section is a
misdemeanor of the second degree.
(3) Except as provided in division (G)(4) of this section, a
violation of division (C) of this section is a felony of the
fourth degree if the jury or judge as trier of fact finds by proof
beyond a reasonable doubt that in committing the offense the
offender was fleeing immediately after the commission of a felony.
(4) A violation of division (C) of this section is a felony
of the third degree if the jury or judge as trier of fact finds by
proof beyond a reasonable doubt that in fleeing or eluding the law
enforcement officer the offender proximately caused serious
physical harm to persons or property or created a substantial risk
of serious physical harm to persons or property.
(H)
As used in this section:
(1)
"Motor vehicle" has the same meaning as in section
4501.01 of the Revised Code.
(2) "Moving violation" has the same meaning as in section
2743.70 of the
Revised Code.
(2)(3)
"Police officer" has the same
meaning as in section
4511.01 of the Revised Code.
Sec. 4510.036. (A) The bureau of motor vehicles shall
record
within ten days, after receipt, and shall keep at its main
office,
all
abstracts received under this section
or section
4510.03,
4510.031, 4510.032, or 4510.034 of the
Revised Code
and
shall
maintain records of convictions and bond
forfeitures for any
violation of a state law or a municipal
ordinance regulating the
operation of vehicles, streetcars, and trackless
trolleys on
highways and
streets, except a violation related to parking a
motor vehicle.
(B) Every court of record or mayor's court before which a
person
is charged with a violation for which points are chargeable
by this section
shall assess and transcribe to the abstract of
conviction that is furnished by the bureau
to the court
the number
of points
chargeable by this section in
the correct space assigned
on the
reporting form. A United States
district court that has
jurisdiction
within this state and
before
which a person is
charged with a violation
for which points
are
chargeable by this
section may
assess and transcribe to the
abstract of conviction
report that is
furnished by the bureau the
number of points
chargeable by this
section in the correct space
assigned on the
reporting form. If
the federal court so assesses
and transcribes
the points
chargeable for the offense and
furnishes the report to
the bureau, the bureau
shall record the
points in the same manner
as those assessed and transcribed by a
court of record or
mayor's
court.
(C) A court shall assess the following points for an
offense
based on the following formula:
(1) Aggravated vehicular homicide, vehicular homicide,
vehicular
manslaughter, aggravated vehicular assault, or vehicular
assault when
the offense involves the operation of a vehicle,
streetcar, or trackless
trolley on a highway or street ..........
6
points
(2) A violation of division (A) or (B) of section 2921.331 of
the Revised Code
or
any
ordinance prohibiting the willful fleeing
or eluding of a law
enforcement
officer .......... 6 points
(3) A violation of section 4549.02 or 4549.021 of the
Revised
Code
or any ordinance requiring the driver of a vehicle to
stop
and disclose
identity at the scene of an accident ..........
6
points
(4) A violation of section 4511.251 of the Revised Code
or
any
ordinance prohibiting street racing .......... 6 points
(5) A violation of section 4510.11, 4510.14, 4510.16, or
4510.21 of
the
Revised
Code or any ordinance prohibiting the
operation of a
motor vehicle
while the driver's or commercial
driver's license is
under
suspension .......... 6 points
(6) A violation of division (A) of section 4511.19 of the
Revised
Code, any ordinance prohibiting the operation of a vehicle
while
under the influence of alcohol, a drug of abuse, or a
combination of them, or
any ordinance
substantially equivalent to
division (A) of section 4511.19 of the
Revised Code prohibiting
the operation of a vehicle with a
prohibited concentration of
alcohol, a controlled substance, or a metabolite of a controlled
substance in the whole blood, blood serum or plasma,
breath, or
urine .......... 6 points
(7) A violation of section 2913.03 of the Revised Code that
does not
involve an aircraft or motorboat or any ordinance
prohibiting the
operation of a vehicle without the consent of the
owner .......... 6 points
(8) Any offense under the motor vehicle laws of this state
that is a
felony, or any other felony in the commission of which a
motor vehicle
was used .......... 6 points
(9) A violation of division (B) of section 4511.19 of the
Revised
Code or any ordinance substantially equivalent to that
division
prohibiting the operation of a vehicle with a prohibited
concentration of
alcohol in the whole
blood, blood serum or
plasma, breath, or
urine .......... 4 points
(10) A violation of section 4511.20 of the Revised Code
or
any
ordinance prohibiting the operation of a motor vehicle in
willful or
wanton disregard of the safety of persons or property
.......... 4 points
(11) A violation of any law or ordinance pertaining to
speed:
(a) Notwithstanding divisions (C)(11)(b)
and (c) of this
section,
when the speed exceeds the lawful speed limit by thirty
miles per
hour or more .......... 4 points
(b) When the speed exceeds the lawful speed limit of
fifty-five
miles per hour or more by more than ten miles per hour
.......... 2 points
(c) When the speed exceeds the lawful speed limit of less
than
fifty-five miles per hour by more than five miles per hour
.......... 2 points
(d) When the speed does not exceed the amounts set forth in
divisions (C)(11)(a), (b), or (c) of
this section .......... 0
points
(12) Operating a motor vehicle in violation of a restriction
imposed by the registrar .......... 2 points
(13) All other moving violations reported under this
section
.......... 2 points
(D) Upon receiving notification from the proper court,
including
a United States district court that has jurisdiction
within this
state, the bureau shall delete any points entered for
a bond forfeiture if the
driver is acquitted of the offense for
which
bond was posted.
(E) If a person is convicted of or forfeits bail for
two or
more offenses arising
out of the same facts and points are
chargeable for each of the offenses,
points shall be charged
for
only the conviction or bond forfeiture for which the
greater
number of points is chargeable, and, if the number of points
chargeable for each offense is equal, only one offense shall be
recorded, and points shall be charged only for that offense.
Sec. 4510.31. (A)(1) Except as provided in
division (C)
of
this section, the registrar of motor vehicles
shall suspend the
probationary driver's license, restricted
license,
or temporary
instruction permit issued to any
person when
the person
has been
convicted of, pleaded guilty to, or been
adjudicated in
juvenile
court of having committed, prior to the
person's eighteenth
birthday, any of the following:
(a) Three separate violations of
section 2903.06,
2903.08,
2921.331, 4511.12, 4511.13,
4511.15, 4511.191,
4511.20, 4511.201,
4511.202,
4511.21, 4511.22, 4511.23, 4511.25 to
4511.48, 4511.57
to
4511.65, 4511.75, 4549.02, 4549.021, or
4549.03 of the Revised
Code, division (A) or (B) of section 2921.331 of the Revised Code,
section 4510.14 of the Revised Code
involving a
suspension
imposed
under section 4511.191 or 4511.196
of the Revised
Code,
section
2903.04 of the
Revised Code in a case
in
which the
person
would
have been subject to the sanctions
described in
division (D)
of
that section had the person been
convicted of
the
violation of
that section, former section 2903.07
of the Revised Code, or any
municipal ordinances similarly
relating to the offenses referred
to in those
sections;
(b) One violation of section 4511.19 of the Revised Code
or
a
substantially similar municipal ordinance;
(c) Two separate violations of any of
the Revised
Code
sections referred to in
division (A)(1)(a) of this
section, or any
municipal ordinance that is substantially similar
to any of those
sections.
(2) Any person whose license or permit is suspended under
division
(A)(1)(a),
(b), or
(c) of
this section shall mail
or
deliver the person's probationary
driver's
license, restricted
license, or temporary
instruction permit to the registrar within
fourteen
days of notification of the suspension. The registrar
shall
retain the license or permit during the period of the
suspension. A
suspension pursuant to division (A)(1)(a) of this
section shall
be a class C
suspension, a
suspension
pursuant to
division (A)(1)(b) of this
section shall
be a class D suspension,
and a
suspension pursuant to division
(A)(1)(c) of this section
shall
be a class E suspension, all for the periods
of
time
specified in division (B) of section 4510.02 of the
Revised
Code.
If the person's probationary
driver's license, restricted
license,
or temporary
instruction permit is under suspension on
the
date
the court imposes sentence upon the person for a
violation
described in division (A)(1)(b) of this section, the
suspension
shall take effect on the next day immediately following
the end
of
that period of suspension. If the person is sixteen
years of
age
or older and pleads guilty to or is convicted of a
violation
described in division (A)(1)(b) of this section and
the
person
does not have
a current, valid probationary driver's
license,
restricted
license, or temporary instruction permit, the
registrar
shall
deny the issuance to the person of a
probationary
driver's
license, restricted license, driver's
license, commercial
driver's
license, or temporary instruction permit, as the case
may
be, for
six months beginning on
the date the court imposes
sentence upon
the person for the
violation. If the person has not
attained the
age of sixteen
years on the date the court imposes
sentence upon
the person
for the
violation, the period of denial
shall commence
on the date the
person attains the age of sixteen
years.
(3) The registrar shall suspend the person's license or
permit
under division (A) of this section regardless of whether
the
disposition of the case in juvenile court occurred after the
person's eighteenth birthday.
(B) The registrar also shall
impose a class D
suspension
for
the period of time specified in division (B)(4) of
section
4510.02
of the Revised Code of the temporary
instruction
permit or
probationary driver's license of any person
under the
age of
eighteen who has been adjudicated
an unruly
child,
delinquent
child, or
juvenile traffic offender for having
committed
any act
that if committed by an adult would be a drug
abuse
offense
or a
violation of division (B) of section 2917.11 of the Revised
Code.
The registrar, in the registrar's discretion, may
terminate the
suspension
if the child,
at
the discretion of the
court,
attends
and satisfactorily completes a
drug
abuse or
alcohol abuse
education, intervention, or treatment
program
specified by the
court. Any person whose temporary
instruction
permit or
probationary driver's license is suspended
under this
division
shall mail or deliver the person's
permit or license
to
the
registrar within fourteen days of notification of the
suspension.
The registrar shall retain the permit or license
during
the
period
of the suspension.
(C)(1)
Except as provided in division (C)(3) of this
section,
for
any
person who is
convicted of, pleads guilty to,
or is
adjudicated in juvenile
court of having committed a
second
or
third violation of section
4511.12,
4511.13, 4511.15, 4511.20
to
4511.23, 4511.25, 4511.26 to
4511.48, 4511.57 to 4511.65, or
4511.75 of the Revised Code or
any similar municipal ordinances
and whose license or permit is suspended
under division (A)(1)(a)
or (c) of
this section, the
court in which the
second or third
conviction, finding, plea, or
adjudication
resulting in the
suspension was made, upon petition of the
person, may grant the
person
limited driving privileges
during the
period
during which
the suspension otherwise would be imposed under
division
(A)(1)(a)
or (c) of this section
if the court finds
reasonable cause to
believe that the suspension will seriously affect the person's
ability
to
continue in employment,
educational training,
vocational
training,
or treatment.
In
granting
the limited
driving
privileges, the court
shall
specify
the
purposes, times,
and
places
of the privileges and may impose
any other conditions
upon
the person's
driving a motor
vehicle
that the court
considers
reasonable and necessary.
A court that grants
limited driving privileges
to a
person
under this division shall retain the person's
probationary
driver's license, restricted license, or temporary
instruction
permit during the period the
license or permit is
suspended and
also during the period for which
limited driving privileges are
granted, and shall
deliver to
the
person a permit card, in a form
to be prescribed by the
court,
setting forth the date on which the
limited
driving
privileges will become effective,
the purposes for
which the
person may
drive, the times and places at which
the
person may
drive, and any other conditions imposed upon the
person's use of a
motor vehicle.
The court immediately shall notify the registrar, in
writing,
of a grant of
limited driving privileges
under this
division.
The
notification shall specify the date on which the
limited
driving
privileges will become effective,
the
purposes for which
the
person
may drive, the times and places at
which the person may
drive, and any other conditions imposed upon
the person's use of a
motor vehicle. The registrar shall not
suspend the probationary
driver's license, restricted
license, or
temporary instruction
permit
of any person pursuant to division
(A) of this section
during any
period for which the person has
been granted
limited
driving
privileges as provided
in this division, if the registrar
has
received the notification
described in this division from the
court.
(2)
Except as provided in division (C)(3) of this
section,
in
any case in which the temporary instruction permit or
probationary
driver's license of a person under eighteen years of
age has been
suspended under
division (A) or (B) of this section
or any other
provision
of law, the
court may grant the person
limited driving
privileges for the purpose of the
person's
practicing of
driving
with the person's parent, guardian, or other
custodian during the
period of the suspension.
Any grant of
limited driving privileges
under this division shall
comply with
division (D) of section
4510.021 of the Revised Code.
(3) A court shall not grant limited driving privileges to a
person
identified in division (C)(1) or (2) of this section if the
person,
within the preceding six years, has been convicted of,
pleaded guilty to, or
adjudicated in juvenile court of having
committed three or more violations of
one or more of the divisions
or sections set forth in divisions
(G)(2)(b) to (g) of section
2919.22
of the Revised Code.
(D) If a
person who has been granted
limited
driving
privileges under division (C) of this section is convicted
of,
pleads guilty to, or is adjudicated in juvenile court of
having
committed, a violation of
Chapter
4510. of
the Revised Code, or
a
subsequent violation of any of
the
sections of
the Revised Code
listed in division
(A)(1)(a) of this section or any
similar
municipal ordinance
during the period for which the
person was
granted
limited driving privileges, the court that
granted
the
limited driving privileges shall
suspend
the person's permit
card.
The court or the clerk
of the court
immediately shall
forward the
person's probationary
driver's
license, restricted
license, or
temporary
instruction
permit together with written
notification
of
the court's action to
the registrar. Upon receipt
of the
license
or permit and
notification, the registrar shall
impose a class C
suspension of the
person's probationary driver's
license,
restricted
license, or temporary instruction permit for
the
period
of
time specified in division (B)(3) of section
4510.02 of
the
Revised Code. The registrar shall retain
the
license or permit
during the period of suspension, and no further
limited
driving
privileges shall be granted during
that period.
(E) No application for a driver's or commercial driver's
license shall be received from any person whose probationary
driver's license, restricted license, or temporary
instruction
permit has been suspended under
this section until
each of the
following has occurred:
(1) The suspension period has expired;
(2) A temporary
instruction permit or commercial driver's
license temporary
instruction permit has been issued;
(3) The person successfully completes a juvenile driver
improvement program approved by the registrar under
section
4510.311
of the Revised
Code;
(4) The
applicant has
submitted to the examination for a
driver's license as provided
for in section 4507.11 or a
commercial driver's license as
provided in Chapter 4506. of the
Revised Code.
Section 2. That existing sections 2921.331, 4510.036, and
4510.31 of the Revised Code are hereby repealed.
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