Bill Text: OH HB261 | 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: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-08-04 - To Public Safety & Homeland Security [HB261 Detail]
Download: Ohio-2009-HB261-Introduced.html
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Representative DeBose
| 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 the | 8 |
| 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) Whoever violates division (A) of this section shall be | 86 |
| fined two hundred fifty dollars. | 87 |
| (2)(a) Whenever a law enforcement officer issues a ticket, | 88 |
| citation, or summons to an offender charging the offender with a | 89 |
| violation of this section, the officer shall indicate on the | 90 |
| ticket, citation, or summons if at the time of the violation the | 91 |
| offender was involved in a motor vehicle accident with another | 92 |
| motor vehicle, a pedestrian, or any object. If the law enforcement | 93 |
| officer makes such an indication on the ticket, citation, or | 94 |
| summons, the offender is not permitted to enter a written plea of | 95 |
| guilty and waive the offender's right to contest the citation in a | 96 |
| trial but instead shall appear in person in the proper court to | 97 |
| answer the charge; in all other circumstances, the offender may | 98 |
| enter a written plea of guilty and waive the right to contest the | 99 |
| citation in a trial. | 100 |
| (b) If the trier of fact finds that the offender was involved | 101 |
| in a motor vehicle accident at the time of the violation of this | 102 |
| section, the court, in addition to any other penalties it is | 103 |
| required or permitted by law to impose, shall impose a class seven | 104 |
| license suspension of the offender's driver's license, commercial | 105 |
| driver's license, temporary instruction permit, probationary | 106 |
| license, or nonresident operating privilege and shall impose the | 107 |
| suspension for six months. | 108 |
| (E) As used in this section, "mobile communication device" | 109 |
| includes any of the following: | 110 |
| (1) A wireless telephone; | 111 |
| (2) A text-messaging device; | 112 |
| (3) A personal digital assistant; | 113 |
| (4) A computer; | 114 |
| (5) Any other substantially similar wireless device that is | 115 |
| designed or used to communicate text or data. | 116 |
| Section 2. That existing section 4510.01 of the Revised Code | 117 |
| is hereby repealed. | 118 |
