To amend section 4511.35 and to enact section 4510.19 of the Revised Code to increase the penalties related to operating a motor vehicle on the wrong side of an interstate freeway.

Section 1. That section 4511.35 be amended and section 4510.19 of the Revised Code be enacted to read as follows:

Sec. 4510.19. (A) No person whose driver's or commercial driver's license or permit or nonresident operating privilege has been suspended under division (D)(1) of section 4511.35 of the Revised Code shall operate any motor vehicle upon the public roads or highways within this state during the period of suspension.

(B) No person whose driver's or commercial driver's license or permit or nonresident operating privilege has been suspended under division (D)(2) of section 4511.35 of the Revised Code shall operate any motor vehicle upon the public roads or highways within this state during the period of suspension.

(C)(1) Whoever violates division (A) of this section is guilty of driving under suspension imposed for driving the wrong way on an interstate freeway, a misdemeanor. The court shall sentence the offender to a jail term of one year and may impose a fine of not more than one thousand dollars.

(2) Whoever violates division (B) of this section is guilty of driving under suspension imposed for driving the wrong way on an interstate freeway and causing a person harm, a felony of the third degree. The court shall sentence the offender to a definite prison term of three years and may impose a fine of not more than ten thousand dollars.

Sec. 4511.35.  (A) Whenever any highway has been divided into two roadways by an intervening space, or by a physical barrier, or clearly indicated dividing section so constructed as to impede vehicular traffic, every vehicle shall be driven only upon the right-hand roadway, and no vehicle shall be driven over, across, or within any such dividing space, barrier, or section, except through an opening, crossover, or intersection established by public authority. This section does not prohibit the occupancy of such dividing space, barrier, or section for the purpose of an emergency stop or in compliance with an order of a police officer.

(B) An offender is not permitted to enter a written plea of guilty and waive the offender's right to contest the ticket, citation, or summons in a trial but instead shall appear in person in the proper court to answer the charge if a law enforcement officer issues a ticket, citation, or summons to the offender for a violation of division (A) of this section and the officer indicates on the ticket, citation, or summons that in committing the violation the offender operated a motor vehicle upon the left-hand roadway of a divided highway that is part of the interstate system under one of the following conditions:

(1) For a distance of five hundred feet or more;

(2) For any distance, while committing a violation of division (A) of section 4511.19 of the Revised Code or of a substantially equivalent municipal ordinance;

(3) For any distance, if the offender was involved in a motor vehicle collision on the left-hand roadway that caused either physical harm to another person or the death of another person.

(C)(1) Except as otherwise provided in this division (C)(2) or (D) of this section, whoever violates division (A) 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) If the trier of fact finds that, in violating division (A) of this section, the offender operated a motor vehicle for any distance upon the left-hand roadway of a divided highway that is part of the interstate system as a proximate result of committing a violation of division (A) of section 4511.19 of the Revised Code or of a substantially equivalent municipal ordinance, whoever violates this section is guilty of a felony of the fourth degree.

(D)(1) If the trier of fact finds that, in violating division (A) of this section, the offender operated a motor vehicle for a distance of five hundred feet or more upon the left-hand roadway of a divided highway that is part of the interstate system, the court, in addition to any other penalty that the court is required or permitted by law to impose on the offender, shall impose a class seven suspension upon the offender in accordance with section 4510.02 of the Revised Code.

(2) If the trier of fact finds that, in violating division (A) of this section, the offender operated a motor vehicle for any distance upon the left-hand roadway of a divided highway that is part of the interstate system and was involved in a motor vehicle collision that occurred on that left-hand roadway and the collision either caused physical harm to another person or caused the death of another person, the court, in addition to any other penalty that the court is required or permitted by law to impose on the offender, shall impose a class three suspension upon the offender in accordance with section 4510.02 of the Revised Code.

(E) As used in this section:

(1) "Interstate system" has the same meaning as in 23 U.S.C. 101.

(2) "Physical harm to another person" has the same meaning as "physical harm to persons" in section 2901.01 of the Revised Code.

Section 2. That existing section 4511.35 of the Revised Code is hereby repealed.