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H. B. No. 262 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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A BILL
To amend section 4510.01 and to enact section
4511.204 of the Revised Code to prohibit driving a
vehicle while talking, text messaging, or typing
on a mobile
communication device and to
establish the
violation as a secondary traffic
offense.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4510.01 be amended and section
4511.204 of the Revised Code be enacted to read as follows:
Sec. 4510.01. As used in this title and in Title XXIX of
the
Revised Code:
(A) "Cancel" or "cancellation" means the annulment or
termination
by the bureau of motor vehicles of a driver's license,
commercial driver's
license, temporary instruction permit,
probationary
license, or nonresident operating privilege because
it was
obtained unlawfully, issued in error, altered, or willfully
destroyed, or because the holder no longer is entitled to the
license, permit, or privilege.
(B) "Drug abuse offense," "cocaine," and "L.S.D." have the
same meanings as in section
2925.01 of the Revised Code.
(C) "Ignition interlock device" means a device approved by
the
director of public safety that connects a breath analyzer to a
motor vehicle's
ignition system, that is constantly available to
monitor the concentration by weight of alcohol in the breath of
any person attempting to start that motor vehicle by using its
ignition system, and that deters starting the motor vehicle by use
of its ignition system unless the person attempting to start the
vehicle provides an appropriate breath sample for the device and
the device determines that the concentration by weight of alcohol
in the person's breath is below a preset level.
(D) "Immobilizing or disabling device" means a device
approved by
the director of public safety that may be ordered by a
court to be
used by an offender as a condition of limited driving
privileges.
"Immobilizing or disabling device" includes an
ignition interlock device, and
any prototype device
that is used
according to protocols designed to ensure efficient
and effective
monitoring of limited driving privileges granted by
a court to an
offender.
(E) "Moving violation" means any violation of any statute or
ordinance that regulates the operation of vehicles, streetcars, or
trackless
trolleys on the highways or streets. "Moving
violation"
does not include a violation of section 4511.204 or 4513.263 of
the
Revised
Code or a substantially equivalent municipal
ordinance, a
violation of any statute or ordinance regulating
pedestrians or
the parking of vehicles, vehicle size or load
limitations, vehicle
fitness requirements, or vehicle
registration.
(F) "Municipal OVI ordinance" and "municipal
OVI offense"
have the same meanings as in
section 4511.181 of the Revised Code.
(G) "Prototype device" means any testing device to monitor
limited driving privileges that has not yet been approved or
disapproved
by the director of public safety.
(H) "Suspend" or "suspension" means the permanent or
temporary
withdrawal, by action of a court or the bureau of motor
vehicles, of a
driver's
license, commercial driver's license,
temporary instruction
permit, probationary license, or nonresident
operating privilege
for the period of the suspension or the
permanent or temporary
withdrawal of the privilege to obtain a
license, permit, or
privilege of that type for the period of the
suspension.
(I) "Controlled substance" and "marihuana" have the same
meanings as in section 3719.01 of the Revised Code.
Sec. 4511.204. (A) No person shall drive a motor vehicle,
trackless trolley, or streetcar on any street, highway, or
property open to the public for vehicular traffic while talking,
text
messaging, or typing on a mobile communication device.
(B) Division (A) of this section does not apply to any of the
following:
(1) A person using a mobile communication device in that
manner for
emergency purposes, including an emergency contact
with a law
enforcement agency, hospital or health care provider,
fire
department, or other similar emergency agency or entity;
(2) A person operating a public safety vehicle who uses a
mobile communication device in that manner in the course of the
person's duties.
(C) Notwithstanding any provision of law to the contrary, no
law enforcement officer shall cause an operator of an automobile
being operated on any street or highway to stop the automobile for
the sole purpose of determining whether a violation of division
(A) of this section has been or is being committed or for the sole
purpose of issuing a ticket, citation, or summons for a violation
of that nature or causing the arrest of or commencing a
prosecution of a person for a violation of that nature, and no law
enforcement officer shall view the interior or visually inspect
any automobile being operated on any street or highway for the
sole purpose of determining whether a violation of that nature has
been or is being committed.
(D)(1) Whoever violates division (A) of this section shall be
fined two hundred fifty dollars.
(2)(a) Whenever a law enforcement officer issues a ticket,
citation, or summons to an offender charging the offender with a
violation of this section, the officer shall indicate on the
ticket, citation, or summons if at the time of the violation the
offender was involved in a motor vehicle accident with another
motor vehicle, a pedestrian, or any object. If the law enforcement
officer makes such an indication on the ticket, citation, or
summons, the offender is not permitted to enter a written plea of
guilty and waive the offender's right to contest the citation in a
trial but instead shall appear in person in the proper court to
answer the charge; in all other circumstances, the offender may
enter a written plea of guilty and waive the right to contest the
citation in a trial.
(b) If the trier of fact finds that the offender was involved
in a motor vehicle accident at the time of the violation of this
section, the court, in addition to any other penalties it is
required or permitted by law to impose, shall impose a class seven
license suspension of the offender's driver's license, commercial
driver's license, temporary instruction permit, probationary
license, or nonresident operating privilege and shall impose the
suspension for six months.
(E) As used in this section, "mobile communication device"
includes any of the
following:
(1) A wireless telephone;
(2) A text-messaging device;
(3) A personal digital assistant;
(5) Any other substantially similar wireless device that is
designed or used to communicate voice, text, or data.
Section 2. That existing section 4510.01 of the Revised Code
is hereby repealed.
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