Bill Text: OH SB164 | 2009-2010 | 128th General Assembly | Introduced
Bill Title: To prohibit driving a vehicle while text messaging or typing on a mobile communication device and to establish the violation as a secondary traffic offense.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2009-09-01 - To Highways & Transportation [SB164 Detail]
Download: Ohio-2009-SB164-Introduced.html
|
|
Senator Smith
Cosponsors:
Senators Miller, D., Sawyer, Husted
To amend section 4510.01 and to enact section | 1 |
4511.204 of the Revised Code to prohibit driving a | 2 |
vehicle while text messaging or typing on a mobile | 3 |
communication device and to establish the | 4 |
violation as a secondary traffic offense. | 5 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4510.01 be amended and section | 6 |
4511.204 of the Revised Code be enacted to read as follows: | 7 |
Sec. 4510.01. As used in this title and in Title XXIX of | 8 |
the Revised Code: | 9 |
(A) "Cancel" or "cancellation" means the annulment or | 10 |
termination by the bureau of motor vehicles of a driver's license, | 11 |
commercial driver's license, temporary instruction permit, | 12 |
probationary license, or nonresident operating privilege because | 13 |
it was obtained unlawfully, issued in error, altered, or willfully | 14 |
destroyed, or because the holder no longer is entitled to the | 15 |
license, permit, or privilege. | 16 |
(B) "Drug abuse offense," "cocaine," and "L.S.D." have the | 17 |
same meanings as in section 2925.01 of the Revised Code. | 18 |
(C) "Ignition interlock device" means a device approved by | 19 |
the director of public safety that connects a breath analyzer to a | 20 |
motor vehicle's ignition system, that is constantly available to | 21 |
monitor the concentration by weight of alcohol in the breath of | 22 |
any person attempting to start that motor vehicle by using its | 23 |
ignition system, and that deters starting the motor vehicle by use | 24 |
of its ignition system unless the person attempting to start the | 25 |
vehicle provides an appropriate breath sample for the device and | 26 |
the device determines that the concentration by weight of alcohol | 27 |
in the person's breath is below a preset level. | 28 |
(D) "Immobilizing or disabling device" means a device | 29 |
approved by the director of public safety that may be ordered by a | 30 |
court to be used by an offender as a condition of limited driving | 31 |
privileges. "Immobilizing or disabling device" includes an | 32 |
ignition interlock device, and any prototype device that is used | 33 |
according to protocols designed to ensure efficient and effective | 34 |
monitoring of limited driving privileges granted by a court to an | 35 |
offender. | 36 |
(E) "Moving violation" means any violation of any statute or | 37 |
ordinance that regulates the operation of vehicles, streetcars, or | 38 |
trackless trolleys on the highways or streets. "Moving violation" | 39 |
does not include a violation of section 4511.204 or 4513.263 of | 40 |
the Revised Code or a substantially equivalent municipal | 41 |
ordinance, a violation of any statute or ordinance regulating | 42 |
pedestrians or the parking of vehicles, vehicle size or load | 43 |
limitations, vehicle fitness requirements, or vehicle | 44 |
registration. | 45 |
(F) "Municipal OVI ordinance" and "municipal OVI offense" | 46 |
have the same meanings as in section 4511.181 of the Revised Code. | 47 |
(G) "Prototype device" means any testing device to monitor | 48 |
limited driving privileges that has not yet been approved or | 49 |
disapproved by the director of public safety. | 50 |
(H) "Suspend" or "suspension" means the permanent or | 51 |
temporary withdrawal, by action of a court or the bureau of motor | 52 |
vehicles, of a driver's license, commercial driver's license, | 53 |
temporary instruction permit, probationary license, or nonresident | 54 |
operating privilege for the period of the suspension or the | 55 |
permanent or temporary withdrawal of the privilege to obtain a | 56 |
license, permit, or privilege of that type for the period of the | 57 |
suspension. | 58 |
(I) "Controlled substance" and "marihuana" have the same | 59 |
meanings as in section 3719.01 of the Revised Code. | 60 |
Sec. 4511.204. (A) No person shall drive a motor vehicle, | 61 |
trackless trolley, or streetcar on any street, highway, or | 62 |
property open to the public for vehicular traffic while text | 63 |
messaging or typing on a mobile communication device. | 64 |
(B) Division (A) of this section does not apply to any of the | 65 |
following: | 66 |
(1) A person using a mobile communication device in that | 67 |
manner for emergency purposes, including an emergency contact | 68 |
with a law enforcement agency, hospital or health care provider, | 69 |
fire department, or other similar emergency agency or entity; | 70 |
(2) A person operating a public safety vehicle who uses a | 71 |
mobile communication device in that manner in the course of the | 72 |
person's duties. | 73 |
(C) Notwithstanding any provision of law to the contrary, no | 74 |
law enforcement officer shall cause an operator of an automobile | 75 |
being operated on any street or highway to stop the automobile for | 76 |
the sole purpose of determining whether a violation of division | 77 |
(A) of this section has been or is being committed or for the sole | 78 |
purpose of issuing a ticket, citation, or summons for a violation | 79 |
of that nature or causing the arrest of or commencing a | 80 |
prosecution of a person for a violation of that nature, and no law | 81 |
enforcement officer shall view the interior or visually inspect | 82 |
any automobile being operated on any street or highway for the | 83 |
sole purpose of determining whether a violation of that nature has | 84 |
been or is being committed. | 85 |
(D)(1) Except as otherwise provided in division (D)(2) or (3) | 86 |
of this section, whoever violates division (A) of this section | 87 |
shall be fined two hundred dollars. | 88 |
(2) If the offender previously has been convicted of or | 89 |
pleaded guilty to a violation of division (A) of this section, the | 90 |
offender shall be fined five hundred dollars. | 91 |
(3) If the offender previously has been convicted of or | 92 |
pleaded guilty to two or more violations of division (A) of this | 93 |
section, the offender shall perform one hundred hours of | 94 |
supervised community service work. | 95 |
(4)(a) Whenever a law enforcement officer issues a ticket, | 96 |
citation, or summons to an offender charging the offender with a | 97 |
violation of this section, the officer shall indicate on the | 98 |
ticket, citation, or summons if at the time of the violation the | 99 |
offender was involved in a motor vehicle accident with another | 100 |
motor vehicle, a pedestrian, or any object. If the law enforcement | 101 |
officer makes such an indication on the ticket, citation, or | 102 |
summons, the offender is not permitted to enter a written plea of | 103 |
guilty and waive the offender's right to contest the citation in a | 104 |
trial but instead shall appear in person in the proper court to | 105 |
answer the charge; in all other circumstances, the offender may | 106 |
enter a written plea of guilty and waive the right to contest the | 107 |
citation in a trial. | 108 |
(b) If the trier of fact finds that the offender was involved | 109 |
in a motor vehicle accident at the time of the violation of this | 110 |
section, the court, in addition to any other penalties it is | 111 |
required or permitted by law to impose, shall impose a class seven | 112 |
license suspension of the offender's driver's license, commercial | 113 |
driver's license, temporary instruction permit, probationary | 114 |
license, or nonresident operating privilege and shall impose the | 115 |
suspension for six months. | 116 |
(E) As used in this section, "mobile communication device" | 117 |
includes any of the following: | 118 |
(1) A wireless telephone; | 119 |
(2) A text-messaging device; | 120 |
(3) A personal digital assistant; | 121 |
(4) A computer; | 122 |
(5) Any other substantially similar wireless device that is | 123 |
designed or used to communicate text or data. | 124 |
Section 2. That existing section 4510.01 of the Revised Code | 125 |
is hereby repealed. | 126 |