To amend section 4511.46 of the Revised Code to increase the penalties for failing to yield the right-of-way to a pedestrian who is crossing a roadway within a crosswalk when the crosswalk is located within a school zone.

Section 1. That section 4511.46 of the Revised Code be amended to read as follows:

Sec. 4511.46.  (A) When traffic control signals are not in place, not in operation, or are not clearly assigning the right-of-way, the driver of a vehicle, trackless trolley, or streetcar shall yield the right of way, slowing down or stopping if need be to so yield or if required by section 4511.132 of the Revised Code, to a pedestrian crossing the roadway within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger

(1) No driver of a vehicle, trackless trolley, or streetcar shall fail to yield the right-of-way to a pedestrian, by slowing down or stopping if need be to so yield or if required by section 4511.132 of the Revised Code, if both of the following apply:

(a) Traffic control signals are not in place, not in operation, or not clearly assigning the right-of-way.

(b) The pedestrian is crossing the roadway within a crosswalk when the pedestrian is on the half of the roadway on which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway so as to be in danger.

(2) No driver of a vehicle, trackless trolley, or streetcar shall fail to comply with division (A)(1) of this section if the crosswalk is located within a school zone.

(B) No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle, trackless trolley, or streetcar which is so close as to constitute an immediate hazard.

(C) Division (A) of this section does not apply under the conditions stated in division (B) of section 4511.48 of the Revised Code.

(D) Whenever any vehicle, trackless trolley, or streetcar is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the no driver of any other vehicle, trackless trolley, or streetcar approaching from the rear shall not overtake and pass the stopped vehicle.

(E)(1) Except as otherwise provided in this division (E)(1) of this section, whoever violates division (A)(1), (B), or (D) of this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.

(2) Whoever violates division (A)(2) of this section is guilty of a misdemeanor of the third degree. In addition, if, at the time of the offense, the offender was driving under a suspension imposed under any provision of the Revised Code, the court, in addition to any other sanctions it imposes, shall impose on the offender a class seven suspension of six months of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege.

Section 2. That existing section 4511.46 of the Revised Code is hereby repealed.