NOTE: There are more recent revisions of this legislation.
Read Latest Draft
Bill Title: To increase the penalty for violations of failure to stop after an accident and failure to stop after a nonpublic road accident that result in the death of a person or serious physical harm to a person and to name this act Brandon's Law.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2014-04-07 - To Criminal Justice
[HB397 Detail]Download: Ohio-2013-HB397-Introduced.html
As Introduced
130th General Assembly | Regular Session | 2013-2014 |
| |
Cosponsors:
Representatives Buchy, Burkley, Derickson, Hottinger, Ruhl, Smith
A BILL
| To amend sections 4549.02 and 4549.021 of the Revised | 1 |
|
Code to increase the penalty for violations of | 2 |
|
failure to stop after an accident and failure to | 3 |
|
stop after a nonpublic road accident that result | 4 |
|
in the death of a person or serious physical harm | 5 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4549.02 and 4549.021 of the Revised | 7 |
Code be amended to read as follows: | 8 |
Sec. 4549.02. (A) In case of accident to or collision with | 9 |
persons or property upon any of the public roads or highways, due | 10 |
to the driving or operation thereon of any motor vehicle, the | 11 |
person driving or operating the motor vehicle, having knowledge of | 12 |
the accident or collision, immediately shall stop the driver's or | 13 |
operator's motor vehicle at the scene of the accident or collision | 14 |
and shall remain at the scene of the accident or collision until | 15 |
the driver or operator has given the driver's or operator's name | 16 |
and address and, if the driver or operator is not the owner, the | 17 |
name and address of the owner of that motor vehicle, together with | 18 |
the registered number of that motor vehicle, to any person injured | 19 |
in the accident or collision or to the operator, occupant, owner, | 20 |
or attendant of any motor vehicle damaged in the accident or | 21 |
collision, or to any police officer at the scene of the accident | 22 |
or collision. | 23 |
In the event the injured person is unable to comprehend and | 24 |
record the information required to be given by this section, the | 25 |
other driver involved in the accident or collision forthwith shall | 26 |
notify the nearest police authority concerning the location of the | 27 |
accident or collision, and the driver's name, address, and the | 28 |
registered number of the motor vehicle the driver was operating, | 29 |
and then remain at the scene of the accident or collision until a | 30 |
police officer arrives, unless removed from the scene by an | 31 |
emergency vehicle operated by a political subdivision or an | 32 |
ambulance. | 33 |
If the accident or collision is with an unoccupied or | 34 |
unattended motor vehicle, the operator who collides with the motor | 35 |
vehicle shall securely attach the information required to be given | 36 |
in this section, in writing, to a conspicuous place in or on the | 37 |
unoccupied or unattended motor vehicle. | 38 |
(B) Whoever violates division (A) of this section is guilty | 39 |
of failure to stop after an accident, a misdemeanor of the first | 40 |
degree. If the accident or collision results in serious physical | 41 |
harm to a person, failure to stop after an accident is a felony of | 42 |
the fifth degree. If the accident or collision results inor the | 43 |
death of a person, failure to stop after an accident is a felony | 44 |
of the thirdsecond degree. The court, in addition to any other | 45 |
penalties provided by law, shall impose upon the offender a class | 46 |
five suspension of the offender's driver's license, commercial | 47 |
driver's license, temporary instruction permit, probationary | 48 |
license, or nonresident operating privilege from the range | 49 |
specified in division (A)(5) of section 4510.02 of the Revised | 50 |
Code. No judge shall suspend the first six months of suspension of | 51 |
an offender's license, permit, or privilege required by this | 52 |
division. | 53 |
The offender shall provide the court with proof of financial | 54 |
responsibility as defined in section 4509.01 of the Revised Code. | 55 |
If the offender fails to provide that proof of financial | 56 |
responsibility, then, in addition to any other penalties provided | 57 |
by law, the court may order restitution pursuant to section | 58 |
2929.18 or 2929.28 of the Revised Code in an amount not exceeding | 59 |
five thousand dollars for any economic loss arising from an | 60 |
accident or collision that was the direct and proximate result of | 61 |
the offender's operation of the motor vehicle before, during, or | 62 |
after committing the offense charged under this section. | 63 |
Sec. 4549.021. (A) In case of accident or collision | 64 |
resulting in injury or damage to persons or property upon any | 65 |
public or private property other than public roads or highways, | 66 |
due to the driving or operation thereon of any motor vehicle, the | 67 |
person driving or operating the motor vehicle, having knowledge of | 68 |
the accident or collision, shall stop, and, upon request of the | 69 |
person injured or damaged, or any other person, shall give that | 70 |
person the driver's or operator's name and address, and, if the | 71 |
driver or operator is not the owner, the name and address of the | 72 |
owner of that motor vehicle, together with the registered number | 73 |
of that motor vehicle, and, if available, exhibit the driver's or | 74 |
operator's driver's or commercial driver's license. | 75 |
If the owner or person in charge of the damaged property is | 76 |
not furnished such information, the driver of the motor vehicle | 77 |
involved in the accident or collision, within twenty-four hours | 78 |
after the accident or collision, shall forward to the police | 79 |
department of the city or village in which the accident or | 80 |
collision occurred or if it occurred outside the corporate limits | 81 |
of a city or village to the sheriff of the county in which the | 82 |
accident or collision occurred the same information required to be | 83 |
given to the owner or person in control of the damaged property | 84 |
and give the date, time, and location of the accident or | 85 |
collision. | 86 |
If the accident or collision is with an unoccupied or | 87 |
unattended motor vehicle, the operator who collides with the motor | 88 |
vehicle shall securely attach the information required to be given | 89 |
in this section, in writing, to a conspicuous place in or on the | 90 |
unoccupied or unattended motor vehicle. | 91 |
(B) Whoever violates division (A) of this section is guilty | 92 |
of failure to stop after a nonpublic road accident, a misdemeanor | 93 |
of the first degree. If the accident or collision results in | 94 |
serious physical harm to a person, failure to stop after a | 95 |
nonpublic road accident is a felony of the fifth degree. If the | 96 |
accident or collision results inor the death of a person, failure | 97 |
to stop after a nonpublic road accident is a felony of the third | 98 |
second degree. The court, in addition to any other penalties | 99 |
provided by law, shall impose upon the offender a class five | 100 |
suspension of the offender's driver's license, commercial driver's | 101 |
license, temporary instruction permit, probationary license, or | 102 |
nonresident operating privilege from the range specified in | 103 |
division (A)(5) of section 4510.02 of the Revised Code. No judge | 104 |
shall suspend the first six months of suspension of an offender's | 105 |
license, permit, or privilege required by this division. | 106 |
The offender shall provide the court with proof of financial | 107 |
responsibility as defined in section 4509.01 of the Revised Code. | 108 |
If the offender fails to provide that proof of financial | 109 |
responsibility, then, in addition to any other penalties provided | 110 |
by law, the court may order restitution pursuant to section | 111 |
2929.18 or 2929.28 of the Revised Code in an amount not exceeding | 112 |
five thousand dollars for any economic loss arising from an | 113 |
accident or collision that was the direct and proximate result of | 114 |
the offender's operation of the motor vehicle before, during, or | 115 |
after committing the offense charged under this section. | 116 |
Section 2. That existing sections 4549.02 and 4549.021 of | 117 |
the Revised Code are hereby repealed. | 118 |