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H. B. No. 637 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Representative Damschroder
Cosponsors:
Representatives Bishoff, Barborak, Perales, Lundy, Derickson, Sheehy
A BILL
To amend sections 4511.093, 4511.204, and 4511.205 of
the Revised Code to prohibit the use of an
electronic wireless communications device in a
school zone during hours when children are present
outside or in a construction zone during hours of
actual work and to make driving a vehicle while
using a handheld electronic wireless
communications device to write, send, or read a
text-based communication a primary rather than
secondary traffic offense.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4511.093, 4511.204, and 4511.205 of
the Revised Code be amended to read as follows:
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 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)(C) Whoever violates division (A) of this section is
guilty of a minor misdemeanor.
(E)(D) 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)(E) 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)(F) 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 No person shall use an electronic wireless
communications device in any manner while operating a motor
vehicle in either of the following circumstances:
(1) On any street or highway in a school zone as defined in
division (B)(1)(c) of section 4511.21 of the Revised Code during
school recess and while children are going to or leaving school
during the opening or closing hours; or
(2) In a construction zone as defined in division (C) of
section 5501.27 of the Revised Code during hours of actual work
within the construction zone.
Division (B) of this section does not apply to the holder of
a temporary instruction permit who has not yet attained the age of
eighteen years or the holder of a probationary driver's license;
such persons are subject to division (A) of this section.
(C) Divisions (A) and (B) of this section does do not apply
to either any 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 person previously has been adjudicated a
delinquent child or a juvenile traffic offender for a violation of
division (A) of this section, whoever violates division (A) of
this section shall be fined three hundred dollars. In addition,
the court shall impose a class seven suspension of the person's
driver's license or permit for a definite period of one year.
(3) Whoever violates division (B) of this section is guilty
of a minor misdemeanor.
(D)(1) The filing of a sworn complaint against a person for a
violation of division (A) 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 division (A) 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.
(2) A prosecution for a violation of division (B) 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 division (B) 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.
(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 4511.093, 4511.204, and
4511.205 of the Revised Code are hereby repealed.
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