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S. B. No. 154 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsor:
Senator Schiavoni
A BILL
To amend sections 4510.01 and 4511.093 and to enact
sections 4508.022 and 4511.204 of the Revised Code
to prohibit driving a vehicle while using an
electronic wireless communication device to write,
send, or read a text-based communication 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 sections 4510.01 and 4511.093 be amended and
sections 4508.022 and 4511.204 of the Revised Code be enacted to
read as follows:
Sec. 4508.022. The classroom instruction required by division
(C) of section 4508.02 of the Revised Code shall include
information regarding the dangers of text messaging or using an
electronic wireless communication device while driving. The
information may be obtained from research findings by the national
highway traffic safety administration or other sources used as
part of an approved driver training curriculum.
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. 4511.093. (A)(1) No law enforcement officer who stops
the operator of a motor vehicle in the course of an authorized
sobriety or other motor vehicle checkpoint operation or a motor
vehicle safety inspection shall issue a ticket, citation, or
summons for a secondary traffic offense unless in the course of
the checkpoint operation or safety inspection the officer first
determines that an offense other than a secondary traffic offense
has occurred and either places the operator or a vehicle occupant
under arrest or issues a ticket, citation, or summons to the
operator or a vehicle occupant for an offense other than a
secondary offense.
(2) A law enforcement agency that operates a motor vehicle
checkpoint for an express purpose related to a secondary traffic
offense shall not issue a ticket, citation, or summons for any
secondary traffic offense at such a checkpoint, but may use such a
checkpoint operation to conduct a public awareness campaign and
distribute information.
(B) As used in this section, "secondary traffic offense"
means a violation of division (A) or (F)(2) of section 4507.05,
division (B)(1)(a) or (b) or (E) of section 4507.071, division (A)
of section 4511.204, division (C) or (D) of section 4511.81,
division (A)(3) of section 4513.03, or division (B) of section
4513.263 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 using an
electronic wireless communication device to write, send, or read a
text-based communication.
(B) Division (A) of this section does not apply to any of the
following:
(1) A person using an electronic wireless 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 an
electronic wireless communication device in that manner in the
course and scope of the person's duties;
(3) A person who reads, selects, or enters a telephone number
or name in an electronic wireless communication device for the
purpose of making or receiving a telephone call;
(4) A person using an electronic wireless communication
device whose motor vehicle is in a stationary position, with the
transmission in the park or neutral setting or with the engine or
power to the motor off, and who is outside a lane of travel.
(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
shall be 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:
(1) "Electronic wireless communication device" includes any
of the following:
(a) A wireless telephone;
(b) A text-messaging device;
(c) A personal digital assistant;
(e) Any other substantially similar wireless device.
(2) "Text-based communication" includes any of the following:
(d) Other similar means of communicating text or data using
an electronic wireless communication device.
Section 2. That existing sections 4510.01 and 4511.093 of the
Revised Code are hereby repealed.
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