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Am. H. B. No. 312 As Passed by the HouseAs Passed by the House
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Representatives Evans, Setzer, Goodwin, Lundy, Combs, Flowers, Harwood, Batchelder, Domenick, Boyd, Latta, Fende, Schindel, Okey, Williams, B., Carmichael, Ujvagi, Stebelton, Core, Collier, Dyer, Gardner, Gibbs, Goyal, Hughes, Luckie, Oelslager, Patton, Schlichter, Sears, Uecker, Wagner, White, Williams, S., Zehringer
A BILL
To amend section 4301.99 of the Revised Code to
permit the suspension for up to 180 days of
the
driver's license of any person who buys for or
furnishes to an underage person beer or
intoxicating liquor.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4301.99 of the Revised Code be
amended to read as follows:
Sec. 4301.99. (A) Whoever violates section 4301.47,
4301.48,
4301.49, 4301.62, or 4301.70 or division (C) of section 4301.65 or
division (B) of section
4301.691 of the Revised Code is guilty of
a minor misdemeanor.
(B) Whoever violates section 4301.15, division (A)(2) or
(C)
of section 4301.22, division (C), (D), (E), (F), (G), (H), or
(I)
of section 4301.631, or section 4301.64 or 4301.67 of the
Revised
Code is guilty of a misdemeanor of the fourth degree.
If an offender who violates section 4301.64 of the
Revised
Code
was under the age of eighteen years at the time of the
offense, the court, in
addition to any other penalties it imposes
upon the offender, shall
suspend
the
offender's temporary
instruction permit, probationary
driver's license, or
driver's
license
for a period of
not less than six months
and not more than
one year. If the offender is fifteen years
and six months
of age
or older and has not been issued a temporary instruction
permit or
probationary driver's license, the offender shall not be
eligible
to
be issued such a license or permit for a period of six
months.
If the
offender
has not attained the age of fifteen years
and six
months, the offender shall
not be eligible to be issued a
temporary instruction permit until the offender
attains the age of
sixteen years.
(C) Whoever violates division (D) of section 4301.21,
section 4301.251, 4301.58, 4301.59, 4301.60, 4301.633,
4301.66,
4301.68, or 4301.74, division (B), (C), (D), (E)(1), or (F)
of
section 4301.69, or division (C), (D),
(E),
(F), (G), or (I) of
section 4301.691 of the Revised Code is
guilty
of a misdemeanor of
the first degree.
If an offender who violates
division (E)(1) of section
4301.69 of the
Revised
Code was under the age of eighteen years at
the time
of the
offense and the offense
occurred while the
offender was the
operator of or a passenger in a motor
vehicle,
the court, in
addition to any other penalties it imposes upon the
offender,
shall
suspend
the
offender's
temporary instruction
permit or
probationary driver's license for
a period of
not less
than six
months
and not more than one year.
If the offender is
fifteen
years and six months of age or older and has not been
issued a
temporary
instruction permit or probationary driver's
license,
the
offender shall not be eligible to be issued such a
license or
permit
for
a period of six months. If the offender has
not
attained the age of fifteen
years and six months, the offender
shall not be eligible to be issued a
temporary instruction permit
until the offender attains the age of sixteen
years.
(D) Whoever violates division (B) of section 4301.14, or
division (A)(1) or (3) or (B) of section 4301.22 of the
Revised
Code is guilty of a misdemeanor of the third degree.
(E) Whoever violates section 4301.63 or division (B) of
section 4301.631 of the Revised Code shall be fined not less than
twenty-five nor more than one hundred dollars. The court
imposing
a fine for a violation of section 4301.63 or division
(B) of
section 4301.631 of the Revised Code may order that the
fine be
paid by the performance of public work at a reasonable
hourly rate
established by the court. The court shall designate
the time
within which the public work shall be completed.
(F)(1) Whoever violates section 4301.634 of the Revised
Code
is guilty of a misdemeanor of the first degree. If, in
committing
a first violation of that section, the offender
presented to the
permit holder or the permit holder's
employee or agent a false,
fictitious, or altered identification card, a false or fictitious
driver's license purportedly issued by any state, or a driver's
license issued by any state that has been altered, the offender
is
guilty of a misdemeanor of the first degree and shall be fined
not
less than two hundred fifty and not more than one thousand
dollars, and may be sentenced to a term of imprisonment of not
more than six months.
(2) On a second violation in which, for the second time,
the
offender presented to the permit holder or the permit
holder's
employee or
agent a false, fictitious, or altered identification
card, a
false or fictitious driver's license purportedly issued by
any
state, or a driver's license issued by any state that has
been
altered, the offender is guilty of a misdemeanor of the first
degree and shall be fined not less than five hundred nor more
than
one thousand dollars, and may be sentenced to a term of
imprisonment of not more than six months. The court also may
impose a class seven suspension of the offender's
driver's
or
commercial driver's license or
permit or nonresident operating
privilege
from the range specified
in division (A)(7) of section
4510.02 of the Revised
Code.
(3) On a third or subsequent violation in which, for the
third or subsequent time, the offender presented to the permit
holder or the permit holder's employee or agent a false,
fictitious, or altered
identification card, a false or fictitious
driver's license
purportedly issued by any state, or a driver's
license issued by
any state that has been altered, the offender is
guilty of a
misdemeanor of the first degree and shall be fined not
less than
five hundred nor more than one thousand dollars, and may
be
sentenced to a term of imprisonment of not more than six
months. The court
also shall
impose a class six
suspension of
the
offender's driver's or
commercial driver's
license or permit
or
nonresident operating
privilege
from the range
specified in
division (A)(6) of section
4510.02 of the Revised
Code, and the
court may order
that the suspension or denial
remain
in effect
until the offender attains the age of twenty-one
years.
The court
also may order the offender to perform a
determinate
number of
hours of community service, with the court
determining
the actual
number of hours and the nature of the
community service
the
offender shall perform.
(G) Whoever violates section 4301.636 of the Revised Code is
guilty of a
felony of the fifth degree.
(H) Whoever violates division (A)(1) of section 4301.22 of
the Revised Code is guilty of a misdemeanor, shall be fined not
less than five hundred and not more than one thousand dollars,
and, in addition to the fine, may be imprisoned for a definite
term of not more than sixty days.
(I) (1) Whoever violates division (A) of section 4301.69 or
division (H) of section 4301.691 of the Revised Code is guilty of
a misdemeanor, shall be fined not less than five hundred and not
more than one thousand dollars, and, in addition to the fine, may
be imprisoned for a definite term of not more than six months.
(2) Except as provided in division (I)(3) of this section, in
addition to the penalty described in division (I)(1) of this
section, the court may suspend for not more than one
hundred
eighty
days the driver's license, commercial driver's
license,
temporary
instruction permit, or nonresident operating
privilege
of an
offender who violates division (A) of section
4301.69 of
the
Revised Code by buying beer or intoxicating liquor
for an
underage person or furnishing beer or intoxicating liquor
to an
underage person.
A court that imposes a suspension pursuant to this division
may grant the offender limited driving privileges as permitted by
section 4510.021 of the Revised Code.
(3) Division (I)(2) of this section does not apply to a
permit holder, an employee or agent of a permit holder, or a
volunteer serving a permit holder for charitable purposes if the
person violates division (A) of section 4301.69 of the Revised
Code by buying beer or intoxicating liquor for an underage person
or furnishing beer or intoxicating liquor for an underage person
in the course of employment or volunteer service for the permit
holder.
(J) Whoever violates division (H) of section 4301.691 of the
Revised Code is guilty of a misdemeanor, shall be fined not less
than five hundred and not more than one thousand dollars, and, in
addition to the fine, may be imprisoned for a definite term of not
more than six months.
(K) Whoever violates division (B) of section 4301.65 of the
Revised Code is guilty of a misdemeanor of the third degree. For a
second or subsequent violation occurring within a period of five
consecutive years after the first violation, a person is guilty of
a misdemeanor of the first degree.
Section 2. That existing section 4301.99 of the Revised Code
is hereby repealed.
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