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Sub. S. B. No. 254 As Reported by the Senate Judiciary CommitteeAs Reported by the Senate Judiciary Committee
129th General Assembly | Regular Session | 2011-2012 |
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A BILL
To amend sections 1905.01, 4511.204, and 4511.205 of
the Revised Code to increase from more than 100 to
more than 200 the population necessary for a
municipal corporation to have a mayor's court
unless the municipal corporation is located
entirely on an island in Lake Erie and to provide
that a conviction or guilty plea of the offense of
driving a vehicle while writing, sending, or
reading a text-based communication on a handheld
electronic wireless communications device and a
conviction or guilty plea of a substantially
equivalent municipal ordinance for the same
conduct are allied offenses of similar import and
that an adjudication for the offense of a person
who is less than 18 years of age from using, in
any manner, an electronic wireless communications
device while driving and an adjudication of a
substantially equivalent municipal ordinance for
the same conduct are allied offenses of similar
import.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1905.01, 4511.204, and 4511.205 of
the Revised Code be amended to read as follows:
Sec. 1905.01. (A) In Georgetown in Brown county, in Mount
Gilead in Morrow county, in any municipal corporation located
entirely on an island in Lake Erie, and in all other municipal
corporations having a population of more than one two hundred,
other than Batavia in Clermont county, not being the site of a
municipal court nor a place where a judge of the Auglaize county,
Crawford county, Jackson county, Miami county, Montgomery county,
Portage county, or Wayne county municipal court sits as required
pursuant to section 1901.021 of the Revised Code or by designation
of the judges pursuant to section 1901.021 of the Revised Code,
the mayor of the municipal corporation has jurisdiction, except as
provided in divisions (B), (C), and (E) of this section and
subject to the limitation contained in section 1905.03 and the
limitation contained in section 1905.031 of the Revised Code, to
hear and determine any prosecution for the violation of an
ordinance of the municipal corporation, to hear and determine any
case involving a violation of a vehicle parking or standing
ordinance of the municipal corporation unless the violation is
required to be handled by a parking violations bureau or joint
parking violations bureau pursuant to Chapter 4521. of the Revised
Code, and to hear and determine all criminal causes involving any
moving traffic violation occurring on a state highway located
within the boundaries of the municipal corporation, subject to the
limitations of sections 2937.08 and 2938.04 of the Revised Code.
(B)(1) In Georgetown in Brown county, in Mount Gilead in
Morrow county, in any municipal corporation located entirely on an
island in Lake Erie, and in all other municipal corporations
having a population of more than one two hundred, other than
Batavia in Clermont county, not being the site of a municipal
court nor a place where a judge of a court listed in division (A)
of this section sits as required pursuant to section 1901.021 of
the Revised Code or by designation of the judges pursuant to
section 1901.021 of the Revised Code, the mayor of the municipal
corporation has jurisdiction, subject to the limitation contained
in section 1905.03 of the Revised Code, to hear and determine
prosecutions involving a violation of an ordinance of the
municipal corporation relating to operating a vehicle while under
the influence of alcohol, a drug of abuse, or a combination of
them or relating to operating a vehicle with a prohibited
concentration of alcohol, a controlled substance, or a metabolite
of a controlled substance in the whole blood, blood serum or
plasma, breath, or urine, and to hear and determine criminal
causes involving a violation of section 4511.19 of the Revised
Code that occur on a state highway located within the boundaries
of the municipal corporation, subject to the limitations of
sections 2937.08 and 2938.04 of the Revised Code, only if the
person charged with the violation, within six years of the date of
the violation charged, has not been convicted of or pleaded guilty
to any of the following:
(a) A violation of an ordinance of any municipal corporation
relating to operating a vehicle while under the influence of
alcohol, a drug of abuse, or a combination of them or relating to
operating a vehicle with a prohibited concentration of alcohol, a
controlled substance, or a metabolite of a controlled substance in
the whole blood, blood serum or plasma, breath, or urine;
(b) A violation of section 4511.19 of the Revised Code;
(c) A violation of any ordinance of any municipal corporation
or of any section of the Revised Code that regulates the operation
of vehicles, streetcars, and trackless trolleys upon the highways
or streets, to which all of the following apply:
(i) The person, in the case in which the conviction was
obtained or the plea of guilty was entered, had been charged with
a violation of an ordinance of a type described in division
(B)(1)(a) of this section, or with a violation of section 4511.19
of the Revised Code;
(ii) The charge of the violation described in division
(B)(1)(c)(i) of this section was dismissed or reduced;
(iii) The violation of which the person was convicted or to
which the person pleaded guilty arose out of the same facts and
circumstances and the same act as did the charge that was
dismissed or reduced.
(d) A violation of a statute of the United States or of any
other state or a municipal ordinance of a municipal corporation
located in any other state that is substantially similar to
section 4511.19 of the Revised Code.
(2) The mayor of a municipal corporation does not have
jurisdiction to hear and determine any prosecution or criminal
cause involving a violation described in division (B)(1)(a) or (b)
of this section, regardless of where the violation occurred, if
the person charged with the violation, within six years of the
violation charged, has been convicted of or pleaded guilty to any
violation listed in division (B)(1)(a), (b), (c), or (d) of this
section.
If the mayor of a municipal corporation, in hearing a
prosecution involving a violation of an ordinance of the municipal
corporation the mayor serves relating to operating a vehicle while
under the influence of alcohol, a drug of abuse, or a combination
of them or relating to operating a vehicle with a prohibited
concentration of alcohol, a controlled substance, or a metabolite
of a controlled substance in the whole blood, blood serum or
plasma, breath, or urine, or in hearing a criminal cause involving
a violation of section 4511.19 of the Revised Code, determines
that the person charged, within six years of the violation
charged, has been convicted of or pleaded guilty to any violation
listed in division (B)(1)(a), (b), (c), or (d) of this section,
the mayor immediately shall transfer the case to the county court
or municipal court with jurisdiction over the violation charged,
in accordance with section 1905.032 of the Revised Code.
(C)(1) In Georgetown in Brown county, in Mount Gilead in
Morrow county, in any municipal corporation located entirely on an
island in Lake Erie, and in all other municipal corporations
having a population of more than one two hundred, other than
Batavia in Clermont county, not being the site of a municipal
court and not being a place where a judge of a court listed in
division (A) of this section sits as required pursuant to section
1901.021 of the Revised Code or by designation of the judges
pursuant to section 1901.021 of the Revised Code, the mayor of the
municipal corporation, subject to sections 1901.031, 2937.08, and
2938.04 of the Revised Code, has jurisdiction to hear and
determine prosecutions involving a violation of a municipal
ordinance that is substantially equivalent to division (A) of
section 4510.14 or section 4510.16 of the Revised Code and to hear
and determine criminal causes that involve a moving traffic
violation, that involve a violation of division (A) of section
4510.14 or section 4510.16 of the Revised Code, and that occur on
a state highway located within the boundaries of the municipal
corporation only if all of the following apply regarding the
violation and the person charged:
(a) Regarding a violation of section 4510.16 of the Revised
Code or a violation of a municipal ordinance that is substantially
equivalent to that division, the person charged with the
violation, within six years of the date of the violation charged,
has not been convicted of or pleaded guilty to any of the
following:
(i) A violation of section 4510.16 of the Revised Code;
(ii) A violation of a municipal ordinance that is
substantially equivalent to section 4510.16 of the Revised Code;
(iii) A violation of any municipal ordinance or section of
the Revised Code that regulates the operation of vehicles,
streetcars, and trackless trolleys upon the highways or streets,
in a case in which, after a charge against the person of a
violation of a type described in division (C)(1)(a)(i) or (ii) of
this section was dismissed or reduced, the person is convicted of
or pleads guilty to a violation that arose out of the same facts
and circumstances and the same act as did the charge that was
dismissed or reduced.
(b) Regarding a violation of division (A) of section 4510.14
of the Revised Code or a violation of a municipal ordinance that
is substantially equivalent to that division, the person charged
with the violation, within six years of the date of the violation
charged, has not been convicted of or pleaded guilty to any of the
following:
(i) A violation of division (A) of section 4510.14 of the
Revised Code;
(ii) A violation of a municipal ordinance that is
substantially equivalent to division (A) of section 4510.14 of the
Revised Code;
(iii) A violation of any municipal ordinance or section of
the Revised Code that regulates the operation of vehicles,
streetcars, and trackless trolleys upon the highways or streets in
a case in which, after a charge against the person of a violation
of a type described in division (C)(1)(b)(i) or (ii) of this
section was dismissed or reduced, the person is convicted of or
pleads guilty to a violation that arose out of the same facts and
circumstances and the same act as did the charge that was
dismissed or reduced.
(2) The mayor of a municipal corporation does not have
jurisdiction to hear and determine any prosecution or criminal
cause involving a violation described in division (C)(1)(a)(i) or
(ii) of this section if the person charged with the violation,
within six years of the violation charged, has been convicted of
or pleaded guilty to any violation listed in division
(C)(1)(a)(i), (ii), or (iii) of this section and does not have
jurisdiction to hear and determine any prosecution or criminal
cause involving a violation described in division (C)(1)(b)(i) or
(ii) of this section if the person charged with the violation,
within six years of the violation charged, has been convicted of
or pleaded guilty to any violation listed in division
(C)(1)(b)(i), (ii), or (iii) of this section.
(3) If the mayor of a municipal corporation, in hearing a
prosecution involving a violation of an ordinance of the municipal
corporation the mayor serves that is substantially equivalent to
division (A) of section 4510.14 or section 4510.16 of the Revised
Code or a violation of division (A) of section 4510.14 or section
4510.16 of the Revised Code, determines that, under division
(C)(2) of this section, mayors do not have jurisdiction of the
prosecution, the mayor immediately shall transfer the case to the
county court or municipal court with jurisdiction over the
violation in accordance with section 1905.032 of the Revised Code.
(D) If the mayor of a municipal corporation has jurisdiction
pursuant to division (B)(1) of this section to hear and determine
a prosecution or criminal cause involving a violation described in
division (B)(1)(a) or (b) of this section, the authority of the
mayor to hear or determine the prosecution or cause is subject to
the limitation contained in division (C) of section 1905.03 of the
Revised Code. If the mayor of a municipal corporation has
jurisdiction pursuant to division (A) or (C) of this section to
hear and determine a prosecution or criminal cause involving a
violation other than a violation described in division (B)(1)(a)
or (b) of this section, the authority of the mayor to hear or
determine the prosecution or cause is subject to the limitation
contained in division (C) of section 1905.031 of the Revised Code.
(E)(1) The mayor of a municipal corporation does not have
jurisdiction to hear and determine any prosecution or criminal
cause involving any of the following:
(a) A violation of section 2919.25 or 2919.27 of the Revised
Code;
(b) A violation of section 2903.11, 2903.12, 2903.13,
2903.211, or 2911.211 of the Revised Code that involves a person
who was a family or household member of the defendant at the time
of the violation;
(c) A violation of a municipal ordinance that is
substantially equivalent to an offense described in division
(E)(1)(a) or (b) of this section and that involves a person who
was a family or household member of the defendant at the time of
the violation.
(2) The mayor of a municipal corporation does not have
jurisdiction to hear and determine a motion filed pursuant to
section 2919.26 of the Revised Code or filed pursuant to a
municipal ordinance that is substantially equivalent to that
section or to issue a protection order pursuant to that section or
a substantially equivalent municipal ordinance.
(3) As used in this section, "family or household member" has
the same meaning as in section 2919.25 of the Revised Code.
(F) In keeping a docket and files, the mayor, and a mayor's
court magistrate appointed under section 1905.05 of the Revised
Code, shall be governed by the laws pertaining to county courts.
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 a
handheld electronic wireless communications 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 a handheld electronic wireless
communications 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 driving a public safety vehicle who uses a
handheld electronic wireless communications device in that manner
in the course of the person's duties;
(3) A person using a handheld electronic wireless
communications device in that manner whose motor vehicle is in a
stationary position and who is outside a lane of travel;
(4) A person reading, selecting, or entering a name or
telephone number in a handheld electronic wireless communications
device for the purpose of making or receiving a telephone call;
(5) A person receiving wireless messages on a device
regarding the operation or navigation of a motor vehicle;
safety-related information, including emergency, traffic, or
weather alerts; or data used primarily by the motor vehicle;
(6) A person receiving wireless messages via radio waves;
(7) A person using a device for navigation purposes;
(8) A person conducting wireless interpersonal communication
with a device that does not require manually entering letters,
numbers, or symbols or reading text messages, except to activate,
deactivate, or initiate the device or a feature or function of the
device;
(9) A person operating a commercial truck while using a
mobile data terminal that transmits and receives data;
(10) A person using a handheld electronic wireless
communications device in conjunction with a voice-operated or
hands-free device feature or function of the vehicle.
(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) Whoever violates division (A) of this section is guilty
of a minor misdemeanor.
(E) This section shall not be construed as invalidating,
preempting, or superseding a substantially equivalent municipal
ordinance that prescribes penalties for violations of that
ordinance that are greater than the penalties prescribed in this
section for violations of this section.
(F) A prosecution for a violation of this section does not
preclude a prosecution for a violation of a substantially
equivalent municipal ordinance based on the same conduct. However,
if an offender is convicted of or pleads guilty to a violation of
this section and is also convicted of or pleads guilty to a
violation of a substantially equivalent municipal ordinance based
on the same conduct, the two offenses are allied offenses of
similar import under section 2941.25 of the Revised Code.
(G) As used in this section:
(1) "Electronic wireless communications device" includes any
of the following:
(a) A wireless telephone;
(b) A text-messaging device;
(c) A personal digital assistant;
(d) A computer, including a laptop computer and a computer
tablet;
(e) Any other substantially similar wireless device that is
designed or used to communicate text.
(2) "Voice-operated or hands-free device" means a device that
allows the user to vocally compose or send, or to listen to a
text-based communication without the use of either hand except to
activate or deactivate a feature or function.
(3) "Write, send, or read a text-based communication" means
to manually write or send, or read a text-based communication
using an electronic wireless communications device, including
manually writing or sending, or reading communications referred to
as text messages, instant messages, or electronic mail.
Sec. 4511.205. (A) No holder of a temporary instruction
permit who has not attained the age of eighteen years and no
holder of a probationary driver's license shall drive a motor
vehicle on any street, highway, or property used by the public for
purposes of vehicular traffic or parking while using in any manner
an electronic wireless communications device.
(B) Division (A) of this section does not apply to either of
the following:
(1) A person using an electronic wireless communications
device 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 using an electronic wireless communications
device whose motor vehicle is in a stationary position and the
motor vehicle is outside a lane of travel;
(3) A person using a navigation device in a voice-operated or
hands-free manner who does not manipulate the device while
driving.
(C)(1) Except as provided in division (C)(2) of this section,
whoever violates division (A) of this section shall be fined one
hundred fifty dollars. In addition, the court shall impose a class
seven suspension of the offender's driver's license or permit for
a definite period of sixty days.
(2) If the offender person previously has been convicted of
adjudicated a delinquent child or a juvenile traffic offender for
a violation of this section, whoever violates this section shall
be fined three hundred dollars. In addition, the court shall
impose a class seven suspension of the offender's person's
driver's license or permit for a definite period of one year.
(D) The filing of a sworn complaint against a person for a
violation of this section does not preclude the filing of a sworn
complaint for a violation of a substantially equivalent municipal
ordinance for the same conduct. However, if a person is
adjudicated a delinquent child or a juvenile traffic offender for
a violation of this section and is also adjudicated a delinquent
child or a juvenile traffic offender for a violation of a
substantially equivalent municipal ordinance for the same conduct,
the two offenses are allied offenses of similar import under
section 2941.25 of the Revised Code.
(E) As used in this section, "electronic wireless
communications device" includes any of the following:
(1) A wireless telephone;
(2) A personal digital assistant;
(3) A computer, including a laptop computer and a computer
tablet;
(4) A text-messaging device;
(5) Any other substantially similar electronic wireless
device that is designed or used to communicate via voice, image,
or written word.
Section 2. That existing sections 1905.01, 4511.204, and
4511.205 of the Revised Code are hereby repealed.
Section 3. (A) Upon the effective date of this act, within
each municipal corporation with a population of two hundred or
less, except for any municipal corporation located entirely on an
island in Lake Erie, the jurisdiction of the mayor in all civil
and criminal causes that otherwise was granted under section
1905.01 of the Revised Code prior to the effective date of this
act terminates. Upon the effective date of this act, all
prosecutions, cases, criminal causes, and other proceedings then
pending in a mayor's court of a municipal corporation that has a
population of two hundred or less and is not located entirely on
an island in Lake Erie shall be transferred to and proceed in the
municipal court, county court, or court of common pleas with
jurisdiction over the alleged violation that is the basis of the
prosecution, case, cause, or proceeding, as if the prosecution,
case, cause, or proceeding originally had been instituted in the
municipal court, county court, or court of common pleas.
(B) Upon the transfer of a prosecution, case, criminal cause,
or other proceeding to a municipal court, county court, or court
of common pleas under division (A) of this section, the mayor of
the municipal corporation before whom the prosecution, case,
cause, or proceeding was pending upon the effective date of this
act shall transfer to the municipal court, county court, or court
of common pleas the pleadings, orders, entries, dockets, bonds,
papers, records, books, exhibits, files, moneys, property, and
persons that belong to, are in the possession of, or were subject
to the jurisdiction of the mayor and that pertain to the
transferred prosecution, case, cause, or proceeding.
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