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H. B. No. 78 As IntroducedAs Introduced
128th General Assembly | Regular Session | 2009-2010 |
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Representatives Hottinger, Weddington
Cosponsors:
Representatives Evans, Snitchler, Chandler
A BILL
To amend sections 4510.13 and 4510.46 of the Revised
Code to require first-time OVI offenders and other
OVI offenders to use a certified ignition
interlock device and to wear a continuous alcohol
monitor if the offender tampers with or otherwise
violates an ignition interlock device and to make
other changes to OVI law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4510.13 and 4510.46 of the Revised
Code be amended to read as follows:
Sec. 4510.13. (A)(1) Divisions (A)(2) to (9) of this
section
apply to a judge or mayor
regarding the suspension of, or
the
grant of limited driving privileges
during a suspension of,
an
offender's driver's or
commercial driver's license or permit or
nonresident operating
privilege imposed under division (G) or (H)
of section
4511.19 of the Revised Code, under division (B)
or (C)
of section 4511.191 of the Revised Code, or under section
4510.07
of the Revised Code for a conviction of a violation of a
municipal
OVI ordinance.
(2) No judge or mayor shall suspend the following portions
of
the
suspension of an offender's driver's or commercial driver's
license or
permit or nonresident operating privilege imposed under
division
(G) or (H) of section
4511.19 of the Revised Code or
under section 4510.07 of the Revised Code for a conviction of
a
violation of a municipal OVI ordinance, provided that division
(A)(2) of this section does not limit a court or
mayor in
crediting any period of suspension imposed pursuant to division
(B) or (C) of section 4511.191 of the Revised Code against
any
time of judicial suspension imposed pursuant to section 4511.19 or
4510.07 of the Revised Code, as described in divisions
(B)(2) and
(C)(2) of section
4511.191 of the Revised Code:
(a) The first six months of a suspension imposed under
division
(G)(1)(a) of section 4511.19 of the Revised Code
or of a
comparable length suspension imposed under section 4510.07 of the
Revised Code;
(b) The first year of a suspension imposed under division
(G)(1)(b) or (c) of
section 4511.19 of the Revised Code or of a
comparable
length
suspension imposed under section 4510.07 of the
Revised
Code;
(c) The first three years of a suspension imposed under
division
(G)(1)(d) or (e) of section 4511.19
of the Revised Code
or of a
comparable length suspension imposed under section 4510.07
of the Revised Code;
(d) The first sixty days of a suspension imposed under
division
(H) of section 4511.19 of the Revised Code or of a
comparable length suspension imposed under section 4510.07 of the
Revised Code.
(3) No judge or mayor shall grant limited driving privileges
to
an offender whose driver's or commercial driver's license or
permit or
nonresident operating privilege has been suspended under
division
(G) or (H) of section 4511.19 of the Revised Code, under
division (C) of section 4511.191 of the Revised Code, or under
section 4510.07 of the Revised Code for a municipal OVI conviction
if the offender, within the preceding six years, has been
convicted of or
pleaded guilty to three or more violations of one
or more of the Revised Code sections, municipal ordinances,
statutes
of the United States or another state, or municipal
ordinances of
a municipal corporation of another state that are
identified in
divisions (G)(2)(b) to (h) of section
2919.22 of the
Revised Code.
Additionally, no judge or mayor shall grant limited driving
privileges to an offender whose driver's or commercial driver's
license
or permit or nonresident operating privilege has been
suspended under
division (B) of section 4511.191 of the Revised
Code if the
offender, within the preceding six years, has refused
three previous requests
to consent to a chemical test of the
person's whole blood, blood serum or
plasma, breath, or urine to
determine its alcohol content.
(4) No judge or mayor shall grant limited driving privileges
for
employment as a driver of commercial motor vehicles to an
offender whose
driver's or commercial driver's license or permit
or nonresident
operating privilege has been suspended under
division (G) or
(H)
of section 4511.19 of the Revised Code, under
division (B) or (C)
of section 4511.191 of the Revised Code, or
under section 4510.07
of the Revised Code for a municipal OVI
conviction if the
offender is disqualified from operating a
commercial motor vehicle, or whose license or permit has been
suspended, under
section 3123.58 or 4506.16 of the
Revised Code.
(5) No judge or mayor shall grant limited driving privileges
to
an offender whose driver's or commercial driver's license or
permit or
nonresident operating privilege has been suspended under
division
(G) or (H) of section 4511.19 of the Revised Code, under
division (C) of section 4511.191 of the Revised Code, or under
section 4510.07 of the Revised Code for a conviction of a
violation of a municipal OVI ordinance during any of the following
periods of time:
(a) The first fifteen days of a suspension imposed under
division
(G)(1)(a) of section 4511.19 of the Revised Code or a
comparable
length suspension imposed under section 4510.07 of the
Revised Code, or of a suspension
imposed under
division (C)(1)(a)
of section 4511.191 of the
Revised Code. On or after
the
sixteenth
day of the suspension, the court may grant limited
driving
privileges, but the and either of the following applies:
(i) If the underlying arrest is alcohol-related, the court
may require shall issue an order that the offender
shall not
exercise the privileges
unless the vehicles the offender
operates
are equipped with
immobilizing or disabling devices that
monitor
the offender's
alcohol consumption or any other type of
immobilizing or disabling
devices, except as provided in division
(C) of section 4510.43
of the Revised Code, for the remainder of
the period of suspension the offender shall not exercise the
privileges unless the vehicles the offender operates are equipped
with a certified ignition interlock device.
(ii) If the underlying arrest is drug-related, the court in
its discretion may issue an order that, except as provided in
division (C) of section 4510.43 of the Revised Code, for the
remainder of the period of suspension the offender shall not
exercise the privileges unless the vehicles the offender operates
are equipped with a certified ignition interlock device.
(b) The first forty-five days of a suspension imposed
under
division
(C)(1)(b)
of section 4511.191 of the
Revised Code. On or
after the
thirty-first forty-sixth day of
suspension, the court
may grant
limited
driving privileges, but the court may
require
that the
offender
shall not exercise the privileges
unless the
vehicles the
offender
operates are equipped with
immobilizing or
disabling
devices that
monitor the offender's
alcohol consumption
or any
other type of
immobilizing or disabling
devices, except as
provided in division
(C) of section 4510.43
of the Revised Code.
(c) The first sixty days of a suspension imposed under
division
(H) of section 4511.19 of the Revised Code or a
comparable length suspension imposed under section 4510.07 of the
Revised Code.
(d) The first one hundred eighty days of a suspension
imposed
under
division
(C)(1)(c) of section 4511.191 of
the Revised Code.
On or
after the first one hundred eighty days eighty-first day of
suspension, the
court
may
grant limited driving
privileges, and
either of the
following applies:
(i) If the underlying arrest
is alcohol-related, the
court
shall issue an order that, except as provided in division
(C) of
section 4510.43 of the Revised Code,
for the
remainder of the
period of
suspension the
offender shall not
exercise the
privileges unless
the vehicles
the offender operates
are
equipped with a certified
ignition
interlock device.
(ii) If the underlying arrest is drug-related, the court
in
its discretion may issue an order that, except as provided in
division (C) of section 4510.43 of the Revised Code, for the
remainder of the period of suspension the offender shall not
exercise the privileges unless the vehicles the offender operates
are equipped with a certified ignition interlock device.
(e) The first forty-five days of a suspension imposed under
division
(G)(1)(b) of section 4511.19 of the Revised Code or a
comparable length suspension imposed under section 4510.07 of the
Revised Code. On or after the forty-sixth day of the suspension,
the court may grant limited driving privileges, and either of the
following applies:
(i) If the underlying conviction is alcohol-related, the
court
shall issue an order that, except as provided in division
(C) of
section
4510.43 of the Revised Code, for the remainder of
the
period of suspension
the offender shall not exercise the
privileges unless the vehicles
the offender operates are equipped
with a certified ignition
interlock device.
(ii) If the underlying conviction is drug-related, the court
in its discretion may issue an order that, except as provided in
division (C) of section 4510.43 of the Revised Code, for the
remainder of the period of suspension the offender shall not
exercise the privileges unless the vehicles the offender operates
are equipped with a certified ignition interlock device.
(f) The first one hundred eighty days of a suspension imposed
under
division (G)(1)(c) of section 4511.19 of the Revised Code
or a
comparable length suspension imposed under section 4510.07
of the
Revised Code. On or after the one hundred eighty-first day
of the suspension,
the court may grant limited driving
privileges, and either of the following applies:
(i) If the underlying conviction is alcohol-related, the
court
shall issue an order that, except as
provided in division
(C) of
section
4510.43 of the Revised Code,
for the remainder
of the
period of suspension
the offender shall
not exercise the
privileges unless the vehicles
the offender
operates are
equipped with a certified ignition
interlock device.
(ii) If the underlying conviction is drug-related, the court
in its discretion may issue an order that, except as provided in
division (C) of section 4510.43 of the Revised Code, for the
remainder of the period of suspension the offender shall not
exercise the privileges unless the vehicles the offender operates
are equipped with a certified ignition interlock device.
(g)
The first three years of a suspension imposed under
division
(G)(1)(d) or (e) of section 4511.19
of the Revised Code
or a
comparable length suspension imposed under section 4510.07 of
the
Revised Code, or of a
suspension imposed under
division
(C)(1)(d)
of section 4511.191 of the
Revised Code. On
or after
the first three years of suspension, the court may
grant
limited
driving privileges, and either of the following
applies:
(i) If the underlying conviction is alcohol-related, the
court shall issue an order that, except as
provided in
division
(C) of section 4510.43
of the Revised Code,
for the remainder of
the period of suspension the offender shall
not exercise the
privileges unless the vehicles the offender
operates are equipped
with a certified ignition interlock device.
(ii) If the underlying conviction is drug-related, the court
in its discretion may issue an order that, except as provided in
division (C) of section 4510.43 of the Revised Code, for the
remainder of the period of suspension the offender shall not
exercise the privileges unless the vehicles the offender operates
are equipped with a certified ignition interlock device.
(6) No judge or mayor shall grant limited driving privileges
to
an offender whose driver's or commercial driver's license or
permit or
nonresident operating privilege has been suspended under
division
(B) of section 4511.191 of the Revised Code during any of
the following periods of time:
(a) The first thirty days of suspension imposed under
division
(B)(1)(a) of section 4511.191 of the Revised Code;
(b) The first ninety days of suspension imposed under
division
(B)(1)(b) of section 4511.191 of the Revised Code;
(c) The first year of suspension imposed under division
(B)(1)(c)
of section 4511.191 of the Revised Code;
(d) The first three years of suspension imposed under
division
(B)(1)(d) of section 4511.191 of the Revised Code.
(7) In any case in which a judge or mayor grants limited
driving
privileges to an offender whose driver's or commercial
driver's license
or permit or nonresident operating privilege has
been suspended under
division (G)(1)(b), (c), (d), or (e) of
section 4511.19 of the
Revised Code, under division (G)(1)(a) of
section 4511.19 of the Revised Code for a violation of division
(A)(1)(f), (g), (h), or (i) of that section, or under
section
4510.07 of the Revised Code for a
municipal OVI
conviction for
which sentence would have been imposed under division
(G)(1)(a)(ii) or (G)(1)(b), (c), (d), or (e) of section 4511.19 of
the Revised Code had the offender been charged with and convicted
of a violation of section 4511.19 of the Revised Code instead of a
violation of the municipal OVI ordinance, the judge or mayor shall
impose as a
condition of the privileges
that the offender must
display on the
vehicle that is driven subject to the
privileges
restricted
license plates that are issued under section 4503.231
of the
Revised Code, except
as provided in division (B) of that
section.
(8) In any case in which the an offender who is required to
use an ignition interlock device operates a motor
vehicle that is
not equipped with an ignition interlock device,
circumvents the
device, or tampers with the device or in any case
in which the
court receives notice pursuant
to section 4510.46 of
the Revised
Code that a certified ignition
interlock device
required by an
order issued under division
(A)(5)(a), (e), (f), or (g)
of this
section prevented an offender from
starting a motor
vehicle, the
following applies:
(a) If the offender was sentenced under division (G)(1)(a) or
(b) of
section 4511.19 of the Revised Code, on a first instance
the court
may require the offender to
wear a monitor
that
provides
continuous alcohol monitoring that is
remote. On a
second
instance, the court shall require the offender to wear a
monitor
that provides continuous alcohol monitoring that is
remote for a
minimum of forty days. On a third instance or more,
the court
shall require the offender to wear a monitor that
provides
continuous alcohol monitoring that is remote for a
minimum of
sixty days.
(b) If the offender was sentenced under division (G)(1)(c),
(d), or (e) of section 4511.19 of the Revised Code, on a first
instance the court shall require the offender to wear a monitor
that provides continuous alcohol monitoring that is remote for a
minimum of forty days. On a second instance or more, the court
shall require the offender to wear a monitor that provides
continuous alcohol monitoring that is remote for a minimum of
sixty days.
(9) In any case in which the court issues an order under
this section prohibiting an offender from exercising limited
driving privileges unless the vehicles the offender operates are
equipped with an immobilizing or disabling device, including a
certified ignition interlock device, or requires an offender to
wear a monitor that provides continuous alcohol monitoring that is
remote, the court shall impose an additional court cost of two
dollars and fifty cents upon the offender. The court shall not
waive the payment
of the two dollars and fifty cents unless the
court determines that the offender
is indigent and waives the
payment of all court costs imposed upon
the indigent offender.
The clerk of court shall retain one hundred per cent of this court
cost. The clerk of court shall
transmit one hundred per cent of
this court
cost collected during a month on the first
business
day of the following month to the state treasury to be
credited
to the state highway safety fund created under section
4501.06 of
the Revised Code, to be used by the department of
public safety
to cover costs associated with maintaining the
habitual OVI/OMWI
offender registry created under section 5502.10
of the Revised
Code. In its discretion the court may impose an additional court
cost of two dollars and fifty cents upon the offender. The clerk
of court shall retain this two dollar and fifty cent court cost,
if imposed, and shall deposit it in the court's special projects
fund that is established under division (E)(1) of section 2303.201
or division (B)(1) of section 1901.26 of the Revised Code.
(10) In any case in which the court issues an order under
this section prohibiting an offender from exercising limited
driving privileges unless the vehicles the offender operates are
equipped with an immobilizing or disabling device, including a
certified ignition interlock device, the court shall notify the
offender at the time the offender is granted limited driving
privileges that, in accordance with section 4510.46 of the Revised
Code, if the court receives notice that the device prevented the
offender from starting the motor vehicle because the device was
tampered with or circumvented or because the analysis of the
deep-lung breath sample or other method employed by the device to
measure the concentration by weight of alcohol in the offender's
breath indicated the presence of alcohol in the offender's breath
in a concentration sufficient to prevent the device from
permitting the motor vehicle to be started, the court may increase
the period of suspension of the offender's driver's or commercial
driver's license or permit or nonresident operating privilege from
that originally imposed by the court by a factor of two and may
increase the period of time during which the offender will be
prohibited from exercising any limited driving privileges granted
to the offender unless the vehicles the offender operates are
equipped with a certified ignition interlock device by a factor of
two.
(B) Any person whose driver's or commercial driver's license
or
permit or nonresident operating privilege has been suspended
pursuant to
section 4511.19 or 4511.191 of the Revised Code or
under
section 4510.07 of the Revised Code for a violation of a
municipal OVI ordinance may file a petition for
limited driving
privileges during the suspension. The person shall file the
petition
in the court that has jurisdiction over the
place of
arrest. Subject to division (A) of this section, the court
may
grant the person limited driving privileges during the
period
during which the suspension otherwise would be imposed.
However,
the court shall not grant the privileges for
employment as a
driver of a commercial motor vehicle to any person
who is
disqualified from operating a commercial motor vehicle
under
section 4506.16 of the Revised Code or during any of
the
periods
prescribed by division (A) of this section.
(C)(1) After a driver's or commercial driver's license or
permit
or nonresident operating privilege has been suspended
pursuant to section
2903.06, 2903.08, 2903.11, 2907.24, 2921.331,
2923.02, 2929.02, 4511.19,
4511.251, 4549.02, 4549.021, or
5743.99
of the Revised Code, any
provision of
Chapter 2925. of the Revised
Code, or section
4510.07
of the Revised Code for a violation of a
municipal
OVI ordinance,
the judge of the
court or
mayor of the
mayor's court that
suspended the license, permit, or privilege
shall cause the
offender to deliver to the court
the license or
permit. The
judge, mayor, or clerk of the court or
mayor's court
shall
forward
to the registrar the license or permit together with
notice of the
action of the court.
(2) A suspension of a commercial driver's license under any
section or chapter identified in division (C)(1) of this section
shall be concurrent with any period of suspension or
disqualification under
section 3123.58 or 4506.16 of the Revised
Code. No person
who is
disqualified for life from holding a
commercial driver's license
under
section 4506.16 of the Revised
Code shall be issued a
driver's license under this chapter during
the period for which
the commercial driver's license was suspended
under this section,
and no person whose commercial driver's
license is suspended under
any section or chapter identified in
division (C)(1) of this
section
shall be issued a driver's license
under Chapter
4507. of
the Revised Code during the period of the
suspension.
(3) No judge or mayor shall suspend any class one
suspension,
or any portion of any class one suspension, imposed under section
2903.04, 2903.06, 2903.08, or 2921.331 of the Revised Code. No
judge or
mayor shall suspend the first thirty days of any class
two, class
three, class four, class five, or class six suspension
imposed
under section 2903.06, 2903.08, 2903.11, 2923.02, or
2929.02 of the Revised Code.
(D) The judge of the court or mayor of the mayor's court
shall
credit any time during which an offender was subject to an
administrative
suspension of the offender's driver's or commercial
driver's license or permit or nonresident operating privilege
imposed pursuant to section 4511.191 or 4511.192 of the Revised
Code or a suspension imposed by a judge,
referee, or mayor
pursuant to division (B)(1) or (2) of
section 4511.196 of the
Revised Code against the time to be
served
under a related
suspension imposed pursuant to any section or chapter
identified
in division (C)(1) of this section.
(E) The judge or mayor shall notify the bureau of motor
vehicles
of any determinations made pursuant to this section and
of any suspension
imposed pursuant to any section or chapter
identified in division
(C)(1) of this section.
(F)(1) If a court issues an immobilizing or disabling device
order under section 4510.43 of the Revised Code, the order
shall
authorize the offender during the specified period to operate a
motor vehicle
only if it is equipped with an immobilizing or
disabling device, except as
provided in division (C) of that
section. The court
shall provide the offender with a copy of an
immobilizing or disabling
device order issued under section
4510.43 of the Revised
Code, and the offender shall use the copy
of the order
in lieu of an Ohio driver's or
commercial driver's
license or permit until the registrar or a deputy
registrar issues
the
offender a restricted license.
An order issued under section 4510.43 of the Revised Code
does not
authorize or permit the offender to whom it has been
issued to operate a
vehicle during any time that the offender's
driver's or commercial driver's
license or
permit is suspended
under any other provision of law.
(2) An offender may present an immobilizing or disabling
device
order to the registrar or to a deputy registrar. Upon
presentation of
the order to the registrar or a deputy registrar,
the registrar or
deputy registrar shall issue the offender a
restricted license. A
restricted license issued under this
division shall be identical
to an Ohio driver's license, except
that it shall have printed on
its face a statement that the
offender is prohibited during the period
specified in the court
order from operating any
motor vehicle that is not equipped with
an immobilizing or
disabling device. The date of commencement and
the
date of termination of the period of suspension shall be
indicated
conspicuously
upon the face of the license.
Sec. 4510.46. (A) A governmental agency, bureau, department,
or office, or a private corporation, or any other entity that
monitors certified ignition interlock devices for or on behalf of
a court shall inform the court whenever such a device that has
been installed in a motor vehicle indicates that it has prevented
an offender whose driver's or commercial driver's license or
permit
or nonresident operating privilege has been suspended by a
court
under division (G)(1)(a), (b), (c), (d), or (e) of section
4511.19 of the Revised Code and who has been granted limited
driving privileges under section 4510.13 of the Revised Code from
starting the motor vehicle because the device was tampered with or
circumvented or because the analysis of the deep-lung
breath
sample or other method employed by the ignition interlock
device
to measure the concentration by weight of alcohol in the
offender's breath indicated the presence of alcohol in the
offender's breath in a concentration sufficient to prevent the
ignition interlock device from permitting the motor vehicle to be
started.
(B) Upon receipt
of such information pertaining to an
offender whose driver's or commercial driver's license or permit
or nonresident operating privilege has been suspended by a court
under division (G)(1)(a), (b), (c), (d), or (e) of section 4511.19
of
the Revised Code and who has been granted limited driving
privileges under section 4510.13 of the Revised Code, the court
shall
send a
notice to the offender stating
that it has
received
evidence of an
instance described in
division (A) of
this
section. If a court pursuant to division (A)(8) of section
4510.13 of the Revised Code requires the offender to wear an
alcohol monitor, the notice
shall state that
because of this
instance
the offender is
required to wear a
monitor that
provides for
continuous alcohol
monitoring in
accordance with
division (A)(8)
of section 4510.13
of the Revised
Code. The
notice
shall
further state that because
of this
instance the
court may
increase the period of suspension
of the
offender's
driver's
or commercial driver's license or
permit or
nonresident
operating
privilege from that originally
imposed by
the court
by a
factor
of two and may increase the
period of
time during
which the
offender will be prohibited from
exercising any
limited driving
privileges granted to the
offender
unless the
vehicles the
offender operates are equipped
with a
certified
ignition interlock
device by a factor of two.
The notice shall state whether the court will impose these
increases and, if so, that these increases will take effect
fourteen days from the date of the notice unless the offender
files a timely motion with the court, appealing the increases in
the
time described in this division and requesting a hearing on
the
matter. Any such motion that is filed within that
fourteen-day
period shall be considered to be filed in a timely
manner, and any
such motion that is filed after that fourteen-day
period shall be
considered not to be filed in a timely manner. If
the offender
files a timely motion, the court may hold a
hearing
on the
matter. The scope of the hearing is limited to
determining whether
the offender in fact was prevented from
starting a motor vehicle
that is equipped with a certified
ignition interlock device
because the device was tampered with or
circumvented or because
the analysis of the deep-lung breath
sample or other
method
employed by the ignition interlock device
to measure the
concentration by weight of alcohol in the
offender's breath
indicated the presence of alcohol in the
offender's breath in a
concentration sufficient to prevent the
ignition interlock device
from permitting the motor vehicle to be
started.
If the court finds by a preponderance of the evidence that
this instance as indicated by the ignition interlock device in
fact did occur, it may deny the offender's appeal and issue the
order increasing the relevant periods of time described in this
division. If the court finds by a preponderance of the evidence
that this instance as indicated by the ignition interlock device
in fact did not occur, it shall grant the offender's appeal and no
such order shall be issued.
(C) In no case shall any period of suspension of an
offender's driver's or commercial driver's license or permit or
nonresident operating privilege that is increased by a factor of
two or any period of time during which the offender is prohibited
from exercising any limited driving privileges granted to the
offender unless the vehicles the offender operates are equipped
with a certified ignition interlock device that is increased by a
factor of two exceed the maximum period of time for which the
court originally was authorized to suspend the offender's driver's
or commercial driver's license or permit or nonresident operating
privilege under division (G)(1)(a), (b), (c), (d), or (e) of
section 4511.19 of the Revised Code.
(D) Nothing in this section shall be construed as prohibiting
the court from revoking an individual's driving privileges.
Section 2. That existing sections 4510.13 and 4510.46 of the
Revised Code are hereby repealed.
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