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S. B. No. 164 As IntroducedAs Introduced
|128th General Assembly|
Senators Miller, D., Sawyer, Husted
To amend section 4510.01 and to enact section
4511.204 of the Revised Code to prohibit driving a
vehicle while 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
(A) "Cancel" or "cancellation" means the annulment or
by the bureau of motor vehicles of a driver's license,
license, temporary instruction permit,
license, or nonresident operating privilege because
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
director of public safety that connects a breath analyzer to a
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
the director of public safety that may be ordered by a
court to be
used by an offender as a condition of limited driving
"Immobilizing or disabling device" includes an
ignition interlock device, and
any prototype device
that is used
according to protocols designed to ensure efficient
monitoring of limited driving privileges granted by
a court to an
(E) "Moving violation" means any violation of any statute or
ordinance that regulates the operation of vehicles, streetcars, or
trolleys on the highways or streets. "Moving
does not include a violation of section 4511.204 or 4513.263 of
Code or a substantially equivalent municipal
violation of any statute or ordinance regulating
the parking of vehicles, vehicle size or load
fitness requirements, or vehicle
(F) "Municipal OVI ordinance" and "municipal
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
by the director of public safety.
(H) "Suspend" or "suspension" means the permanent or
withdrawal, by action of a court or the bureau of motor
vehicles, of a
license, commercial driver's license,
permit, probationary license, or nonresident
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
(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 text
messaging or typing on a mobile communication device.
(B) Division (A) of this section does not apply to any of the
(1) A person using a mobile communication device in that
emergency purposes, including an emergency contact
with a law
enforcement agency, hospital or health care provider,
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
(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) Except as otherwise provided in division (D)(2) or (3)
of this section, whoever violates division (A) of this section
fined two hundred dollars.
(2) If the offender previously has been convicted of or
pleaded guilty to a violation of division (A) of this section, the
offender shall be fined five hundred dollars.
(3) If the offender previously has been convicted of or
pleaded guilty to two or more violations of division (A) of this
section, the offender shall perform one hundred hours of
supervised community service work.
(4)(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
(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 text or data.
Section 2. That existing section 4510.01 of the Revised Code
is hereby repealed.