Bill Text: OH HB606 | 2011-2012 | 129th General Assembly | Enrolled
Bill Title: To abolish a judgeship of the Youngstown Municipal Court; to increase from more than 100 to more than 200 the population necessary for a municipal corporation to have a mayor's court unless the municipal corporation is located entirely on an island in Lake Erie; and to provide that a conviction or guilty plea of the offense of driving a vehicle while writing, sending, or reading a text-based communication on a handheld electronic wireless communications device and a conviction or guilty plea of a substantially equivalent municipal ordinance for the same conduct are allied offenses of similar import and that an adjudication for the offense of a person who is less than 18 years of age from using, in any manner, an electronic wireless communications device while driving and an adjudication of a substantially equivalent municipal ordinance for the same conduct are allied offenses of similar import.
Spectrum: Slight Partisan Bill (Republican 10-5)
Status: (Passed) 2013-03-22 - Effective Date [HB606 Detail]
Download: Ohio-2011-HB606-Enrolled.html
To amend sections 1901.08, 1905.01, 4511.204, and 4511.205 of the Revised Code to abolish a judgeship of the Youngstown Municipal Court; to increase from more than 100 to more than 200 the population necessary for a municipal corporation to have a mayor's court unless the municipal corporation is located entirely on an island in Lake Erie; and to provide that a conviction or guilty plea of the offense of driving a vehicle while writing, sending, or reading a text-based communication on a handheld electronic wireless communications device and a conviction or guilty plea of a substantially equivalent municipal ordinance for the same conduct are allied offenses of similar import and that an adjudication for the offense of a person who is less than 18 years of age from using, in any manner, an electronic wireless communications device while driving and an adjudication of a substantially equivalent municipal ordinance for the same conduct are allied offenses of similar import.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 1901.08, 1905.01, 4511.204, and 4511.205 of the Revised Code be amended to read as follows:
Sec. 1901.08. The number of, and the time for election of, judges of the following municipal courts and the beginning of their terms shall be as follows:
In the Akron municipal court, two full-time judges shall be elected in 1951, two full-time judges shall be elected in 1953, one full-time judge shall be elected in 1967, and one full-time judge shall be elected in 1975.
In the Alliance municipal court, one full-time judge shall be elected in 1953.
In the Ashland municipal court, one full-time judge shall be elected in 1951.
In the Ashtabula municipal court, one full-time judge shall be elected in 1953.
In the Athens county municipal court, one full-time judge shall be elected in 1967.
In the Auglaize county municipal court, one full-time judge shall be elected in 1975.
In the Avon Lake municipal court, one part-time judge shall be elected in 1957.
In the Barberton municipal court, one full-time judge shall be elected in 1969, and one full-time judge shall be elected in 1971.
In the Bedford municipal court, one full-time judge shall be elected in 1975, and one full-time judge shall be elected in 1979.
In the Bellefontaine municipal court, one full-time judge shall be elected in 1993.
In the Bellevue municipal court, one part-time judge shall be elected in 1951.
In the Berea municipal court, one full-time judge shall be elected in 2005.
In the Bowling Green municipal court, one full-time judge shall be elected in 1983.
In the Brown county municipal court, one full-time judge shall be elected in 2005. Beginning February 9, 2003, the part-time judge of the Brown county county court that existed prior to that date whose term commenced on January 2, 2001, shall serve as the full-time judge of the Brown county municipal court until December 31, 2005.
In the Bryan municipal court, one full-time judge shall be elected in 1965.
In the Cambridge municipal court, one full-time judge shall be elected in 1951.
In the Campbell municipal court, one part-time judge shall be elected in 1963.
In the Canton municipal court, one full-time judge shall be elected in 1951, one full-time judge shall be elected in 1969, and two full-time judges shall be elected in 1977.
In the Carroll county municipal court, one full-time judge shall be elected in 2009. Beginning January 1, 2007, the judge elected in 2006 to the part-time judgeship of the Carroll county county court that existed prior to that date shall serve as the full-time judge of the Carroll county municipal court until December 31, 2009.
In the Celina municipal court, one full-time judge shall be elected in 1957.
In the Champaign county municipal court, one full-time judge shall be elected in 2001.
In the Chardon municipal court, one full-time judge shall be elected in 1963.
In the Chillicothe municipal court, one full-time judge shall be elected in 1951, and one full-time judge shall be elected in 1977.
In the Circleville municipal court, one full-time judge shall be elected in 1953.
In the Clark county municipal court, one full-time judge shall be elected in 1989, and two full-time judges shall be elected in 1991. The full-time judges of the Springfield municipal court who were elected in 1983 and 1985 shall serve as the judges of the Clark county municipal court from January 1, 1988, until the end of their respective terms.
In the Clermont county municipal court, two full-time judges shall be elected in 1991, and one full-time judge shall be elected in 1999.
In the Cleveland municipal court, six full-time judges shall be elected in 1975, three full-time judges shall be elected in 1953, and four full-time judges shall be elected in 1955.
In the Cleveland Heights municipal court, one full-time judge shall be elected in 1957.
In the Clinton county municipal court, one full-time judge shall be elected in 1997. The full-time judge of the Wilmington municipal court who was elected in 1991 shall serve as the judge of the Clinton county municipal court from July 1, 1992, until the end of that judge's term on December 31, 1997.
In the Columbiana county municipal court, two full-time judges shall be elected in 2001.
In the Conneaut municipal court, one full-time judge shall be elected in 1953.
In the Coshocton municipal court, one full-time judge shall be elected in 1951.
In the Crawford county municipal court, one full-time judge shall be elected in 1977.
In the Cuyahoga Falls municipal court, one full-time judge shall be elected in 1953, and one full-time judge shall be elected in 1967. Effective December 31, 2008, the Cuyahoga Falls municipal court shall cease to exist; however, the judges of the Cuyahoga Falls municipal court who were elected pursuant to this section in 2003 and 2007 for terms beginning on January 1, 2004, and January 1, 2008, respectively, shall serve as full-time judges of the Stow municipal court until December 31, 2009, and December 31, 2013, respectively.
In the Darke county municipal court, one full-time judge shall be elected in 2005. Beginning January 1, 2005, the part-time judge of the Darke county county court that existed prior to that date whose term began on January 1, 2001, shall serve as the full-time judge of the Darke county municipal court until December 31, 2005.
In the Dayton municipal court, three full-time judges shall be elected in 1987, their terms to commence on successive days beginning on the first day of January next after their election, and two full-time judges shall be elected in 1955, their terms to commence on successive days beginning on the second day of January next after their election.
In the Defiance municipal court, one full-time judge shall be elected in 1957.
In the Delaware municipal court, one full-time judge shall be elected in 1953, and one full-time judge shall be elected in 2007.
In the East Cleveland municipal court, one full-time judge shall be elected in 1957.
In the East Liverpool municipal court, one full-time judge shall be elected in 1953.
In the Eaton municipal court, one full-time judge shall be elected in 1973.
In the Elyria municipal court, one full-time judge shall be elected in 1955, and one full-time judge shall be elected in 1973.
In the Erie county municipal court, one full-time judge shall be elected in 2007.
In the Euclid municipal court, one full-time judge shall be elected in 1951.
In the Fairborn municipal court, one full-time judge shall be elected in 1977.
In the Fairfield county municipal court, one full-time judge shall be elected in 2003, and one full-time judge shall be elected in 2005.
In the Fairfield municipal court, one full-time judge shall be elected in 1989.
In the Findlay municipal court, one full-time judge shall be elected in 1955, and one full-time judge shall be elected in 1993.
In the Fostoria municipal court, one full-time judge shall be elected in 1975.
In the Franklin municipal court, one part-time judge shall be elected in 1951.
In the Franklin county municipal court, two full-time judges shall be elected in 1969, three full-time judges shall be elected in 1971, seven full-time judges shall be elected in 1967, one full-time judge shall be elected in 1975, one full-time judge shall be elected in 1991, and one full-time judge shall be elected in 1997.
In the Fremont municipal court, one full-time judge shall be elected in 1975.
In the Gallipolis municipal court, one full-time judge shall be elected in 1981.
In the Garfield Heights municipal court, one full-time judge shall be elected in 1951, and one full-time judge shall be elected in 1981.
In the Girard municipal court, one full-time judge shall be elected in 1963.
In the Hamilton municipal court, one full-time judge shall be elected in 1953.
In the Hamilton county municipal court, five full-time judges shall be elected in 1967, five full-time judges shall be elected in 1971, two full-time judges shall be elected in 1981, and two full-time judges shall be elected in 1983. All terms of judges of the Hamilton county municipal court shall commence on the first day of January next after their election, except that the terms of the additional judges to be elected in 1981 shall commence on January 2, 1982, and January 3, 1982, and that the terms of the additional judges to be elected in 1983 shall commence on January 4, 1984, and January 5, 1984.
In the Hardin county municipal court, one part-time judge shall be elected in 1989.
In the Hillsboro municipal court, one full-time judge shall be elected in 2011. On and after December 30, 2008, the part-time judge of the Hillsboro municipal court who was elected in 2005 shall serve as a full-time judge of the court until the end of that judge's term on December 31, 2011.
In the Hocking county municipal court, one full-time judge shall be elected in 1977.
In the Holmes county municipal court, one full-time judge shall be elected in 2007. Beginning January 1, 2007, the part-time judge of the Holmes county county court that existed prior to that date whose term commenced on January 1, 2007, shall serve as the full-time judge of the Holmes county municipal court until December 31, 2007.
In the Huron municipal court, one part-time judge shall be elected in 1967.
In the Ironton municipal court, one full-time judge shall be elected in 1951.
In the Jackson county municipal court, one full-time judge shall be elected in 2001. On and after March 31, 1997, the part-time judge of the Jackson county municipal court who was elected in 1995 shall serve as a full-time judge of the court until the end of that judge's term on December 31, 2001.
In the Kettering municipal court, one full-time judge shall be elected in 1971, and one full-time judge shall be elected in 1975.
In the Lakewood municipal court, one full-time judge shall be elected in 1955.
In the Lancaster municipal court, one full-time judge shall be elected in 1951, and one full-time judge shall be elected in 1979. Beginning January 2, 2000, the full-time judges of the Lancaster municipal court who were elected in 1997 and 1999 shall serve as judges of the Fairfield county municipal court until the end of those judges' terms.
In the Lawrence county municipal court, one part-time judge shall be elected in 1981.
In the Lebanon municipal court, one part-time judge shall be elected in 1955.
In the Licking county municipal court, one full-time judge shall be elected in 1951, and one full-time judge shall be elected in 1971.
In the Lima municipal court, one full-time judge shall be elected in 1951, and one full-time judge shall be elected in 1967.
In the Lorain municipal court, one full-time judge shall be elected in 1953, and one full-time judge shall be elected in 1973.
In the Lyndhurst municipal court, one full-time judge shall be elected in 1957.
In the Madison county municipal court, one full-time judge shall be elected in 1981.
In the Mansfield municipal court, one full-time judge shall be elected in 1951, and one full-time judge shall be elected in 1969.
In the Marietta municipal court, one full-time judge shall be elected in 1957.
In the Marion municipal court, one full-time judge shall be elected in 1951.
In the Marysville municipal court, one full-time judge shall be elected in 2011. On and after January 18, 2007, the part-time judge of the Marysville municipal court who was elected in 2005 shall serve as a full-time judge of the court until the end of that judge's term on December 31, 2011.
In the Mason municipal court, one part-time judge shall be elected in 1965.
In the Massillon municipal court, one full-time judge shall be elected in 1953, and one full-time judge shall be elected in 1971.
In the Maumee municipal court, one full-time judge shall be elected in 1963.
In the Medina municipal court, one full-time judge shall be elected in 1957.
In the Mentor municipal court, one full-time judge shall be elected in 1971.
In the Miami county municipal court, one full-time judge shall be elected in 1975, and one full-time judge shall be elected in 1979.
In the Miamisburg municipal court, one full-time judge shall be elected in 1951.
In the Middletown municipal court, one full-time judge shall be elected in 1953.
In the Montgomery county municipal court:
One judge shall be elected in 2011 to a part-time judgeship for a term to begin on January 1, 2012. If any one of the other judgeships of the court becomes vacant and is abolished after July 1, 2010, this judgeship shall become a full-time judgeship on that date. If only one other judgeship of the court becomes vacant and is abolished as of December 31, 2021, this judgeship shall be abolished as of that date. Beginning July 1, 2010, the part-time judge of the Montgomery county county court that existed before that date whose term commenced on January 1, 2005, shall serve as a part-time judge of the Montgomery county municipal court until December 31, 2011.
One judge shall be elected in 2011 to a full-time judgeship for a term to begin on January 2, 2012, and this judgeship shall be abolished on January 1, 2016. Beginning July 1, 2010, the part-time judge of the Montgomery county county court that existed before that date whose term commenced on January 2, 2005, shall serve as a full-time judge of the Montgomery county municipal court until January 1, 2012.
One judge shall be elected in 2013 to a full-time judgeship for a term to begin on January 2, 2014. Beginning July 1, 2010, the part-time judge of the Montgomery county county court that existed before that date whose term commenced on January 2, 2007, shall serve as a full-time judge of the Montgomery county municipal court until January 1, 2014.
One judge shall be elected in 2013 to a judgeship for a term to begin on January 1, 2014. If no other judgeship of the court becomes vacant and is abolished by January 1, 2014, this judgeship shall be a part-time judgeship. When one or more of the other judgeships of the court becomes vacant and is abolished after July 1, 2010, this judgeship shall become a full-time judgeship. Beginning July 1, 2010, the part-time judge of the Montgomery county county court that existed before that date whose term commenced on January 1, 2007, shall serve as this judge of the Montgomery county municipal court until December 31, 2013.
If any one of the judgeships of the court becomes vacant before December 31, 2021, that judgeship is abolished on the date that it becomes vacant, and the other judges of the court shall be or serve as full-time judges. The abolishment of judgeships for the Montgomery county municipal court shall cease when the court has two full-time judgeships.
In the Morrow county municipal court, one full-time judge shall be elected in 2005. Beginning January 1, 2003, the part-time judge of the Morrow county county court that existed prior to that date shall serve as the full-time judge of the Morrow county municipal court until December 31, 2005.
In the Mount Vernon municipal court, one full-time judge shall be elected in 1951.
In the Napoleon municipal court, one full-time judge shall be elected in 2005.
In the New Philadelphia municipal court, one full-time judge shall be elected in 1975.
In the Newton Falls municipal court, one full-time judge shall be elected in 1963.
In the Niles municipal court, one full-time judge shall be elected in 1951.
In the Norwalk municipal court, one full-time judge shall be elected in 1975.
In the Oakwood municipal court, one part-time judge shall be elected in 1953.
In the Oberlin municipal court, one full-time judge shall be elected in 1989.
In the Oregon municipal court, one full-time judge shall be elected in 1963.
In the Ottawa county municipal court, one full-time judge shall be elected in 1995, and the full-time judge of the Port Clinton municipal court who is elected in 1989 shall serve as the judge of the Ottawa county municipal court from February 4, 1994, until the end of that judge's term.
In the Painesville municipal court, one full-time judge shall be elected in 1951.
In the Parma municipal court, one full-time judge shall be elected in 1951, one full-time judge shall be elected in 1967, and one full-time judge shall be elected in 1971.
In the Perrysburg municipal court, one full-time judge shall be elected in 1977.
In the Portage county municipal court, two full-time judges shall be elected in 1979, and one full-time judge shall be elected in 1971.
In the Port Clinton municipal court, one full-time judge shall be elected in 1953. The full-time judge of the Port Clinton municipal court who is elected in 1989 shall serve as the judge of the Ottawa county municipal court from February 4, 1994, until the end of that judge's term.
In the Portsmouth municipal court, one full-time judge shall be elected in 1951, and one full-time judge shall be elected in 1985.
In the Putnam county municipal court, one full-time judge shall be elected in 2011. Beginning January 1, 2011, the part-time judge of the Putnam county county court that existed prior to that date whose term commenced on January 1, 2007, shall serve as the full-time judge of the Putnam county municipal court until December 31, 2011.
In the Rocky River municipal court, one full-time judge shall be elected in 1957, and one full-time judge shall be elected in 1971.
In the Sandusky municipal court, one full-time judge shall be elected in 1953.
In the Sandusky county municipal court, one full-time judge shall be elected in 2013. Beginning on January 1, 2013, the two part-time judges of the Sandusky county county court that existed prior to that date shall serve as part-time judges of the Sandusky county municipal court until December 31, 2013. If either judgeship becomes vacant before January 1, 2014, that judgeship is abolished on the date it becomes vacant, and the person who holds the other judgeship shall serve as the full-time judge of the Sandusky county municipal court until December 31, 2013.
In the Shaker Heights municipal court, one full-time judge shall be elected in 1957.
In the Shelby municipal court, one part-time judge shall be elected in 1957.
In the Sidney municipal court, one full-time judge shall be elected in 1995.
In the South Euclid municipal court, one full-time judge shall be elected in 1999. The part-time judge elected in 1993, whose term commenced on January 1, 1994, shall serve until December 31, 1999, and the office of that judge is abolished on January 1, 2000.
In the Springfield municipal court, two full-time judges shall be elected in 1985, and one full-time judge shall be elected in 1983, all of whom shall serve as the judges of the Springfield municipal court through December 31, 1987, and as the judges of the Clark county municipal court from January 1, 1988, until the end of their respective terms.
In the Steubenville municipal court, one full-time judge shall be elected in 1953.
In the Stow municipal court, one full-time judge shall be elected in 2009, and one full-time judge shall be elected in 2013. Beginning January 1, 2009, the judge of the Cuyahoga Falls municipal court that existed prior to that date whose term commenced on January 1, 2008, shall serve as a full-time judge of the Stow municipal court until December 31, 2013. Beginning January 1, 2009, the judge of the Cuyahoga Falls municipal court that existed prior to that date whose term commenced on January 1, 2004, shall serve as a full-time judge of the Stow municipal court until December 31, 2009.
In the Struthers municipal court, one part-time judge shall be elected in 1963.
In the Sylvania municipal court, one full-time judge shall be elected in 1963.
In the Tiffin municipal court, one full-time judge shall be elected in 1953.
In the Toledo municipal court, two full-time judges shall be elected in 1971, four full-time judges shall be elected in 1975, and one full-time judge shall be elected in 1973.
In the Upper Sandusky municipal court, one full-time judge shall be elected in 2011. The part-time judge elected in 2005, whose term commenced on January 1, 2006, shall serve as a full-time judge on and after January 1, 2008, until the expiration of that judge's term on December 31, 2011, and the office of that judge is abolished on January 1, 2012.
In the Vandalia municipal court, one full-time judge shall be elected in 1959.
In the Van Wert municipal court, one full-time judge shall be elected in 1957.
In the Vermilion municipal court, one part-time judge shall be elected in 1965.
In the Wadsworth municipal court, one full-time judge shall be elected in 1981.
In the Warren municipal court, one full-time judge shall be elected in 1951, and one full-time judge shall be elected in 1971.
In the Washington Court House municipal court, one full-time judge shall be elected in 1999. The part-time judge elected in 1993, whose term commenced on January 1, 1994, shall serve until December 31, 1999, and the office of that judge is abolished on January 1, 2000.
In the Wayne county municipal court, one full-time judge shall be elected in 1975, and one full-time judge shall be elected in 1979.
In the Willoughby municipal court, one full-time judge shall be elected in 1951.
In the Wilmington municipal court, one full-time judge shall be elected in 1991, who shall serve as the judge of the Wilmington municipal court through June 30, 1992, and as the judge of the Clinton county municipal court from July 1, 1992, until the end of that judge's term on December 31, 1997.
In the Xenia municipal court, one full-time judge shall be elected in 1977.
In the Youngstown municipal court, one full-time judge shall
be elected in 1951, and two one full-time judges judge shall be
elected in
1953 2013.
In the Zanesville municipal court, one full-time judge shall be elected in 1953.
Sec. 1905.01. (A) In Georgetown in Brown county, in Mount
Gilead in Morrow county, in any municipal corporation located
entirely on an island in Lake Erie, and in all other municipal
corporations having a population of more than one two hundred,
other than Batavia in Clermont county, not being the site of a
municipal court nor a place where a judge of the Auglaize county,
Crawford county, Jackson county, Miami county, Montgomery county,
Portage county, or Wayne county municipal court sits as required
pursuant to section 1901.021 of the Revised Code or by designation
of the judges pursuant to section 1901.021 of the Revised Code,
the mayor of the municipal corporation has jurisdiction, except as
provided in divisions (B), (C), and (E) of this section and
subject to the limitation contained in section 1905.03 and the
limitation contained in section 1905.031 of the Revised Code, to
hear and determine any prosecution for the violation of an
ordinance of the municipal corporation, to hear and determine any
case involving a violation of a vehicle parking or standing
ordinance of the municipal corporation unless the violation is
required to be handled by a parking violations bureau or joint
parking violations bureau pursuant to Chapter 4521. of the Revised
Code, and to hear and determine all criminal causes involving any
moving traffic violation occurring on a state highway located
within the boundaries of the municipal corporation, subject to the
limitations of sections 2937.08 and 2938.04 of the Revised Code.
(B)(1) In Georgetown in Brown county, in Mount Gilead in
Morrow county, in any municipal corporation located entirely on an
island in Lake Erie, and in all other municipal corporations
having a population of more than one two hundred, other than
Batavia in Clermont county, not being the site of a municipal
court nor a place where a judge of a court listed in division (A)
of this section sits as required pursuant to section 1901.021 of
the Revised Code or by designation of the judges pursuant to
section 1901.021 of the Revised Code, the mayor of the municipal
corporation has jurisdiction, subject to the limitation contained
in section 1905.03 of the Revised Code, to hear and determine
prosecutions involving a violation of an ordinance of the
municipal corporation relating to operating a vehicle while under
the influence of alcohol, a drug of abuse, or a combination of
them or relating to operating a vehicle with a prohibited
concentration of alcohol, a controlled substance, or a metabolite
of a controlled substance in the whole blood, blood serum or
plasma, breath, or urine, and to hear and determine criminal
causes involving a violation of section 4511.19 of the Revised
Code that occur on a state highway located within the boundaries
of the municipal corporation, subject to the limitations of
sections 2937.08 and 2938.04 of the Revised Code, only if the
person charged with the violation, within six years of the date of
the violation charged, has not been convicted of or pleaded guilty
to any of the following:
(a) A violation of an ordinance of any municipal corporation relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or a combination of them or relating to operating a vehicle with a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum or plasma, breath, or urine;
(b) A violation of section 4511.19 of the Revised Code;
(c) A violation of any ordinance of any municipal corporation or of any section of the Revised Code that regulates the operation of vehicles, streetcars, and trackless trolleys upon the highways or streets, to which all of the following apply:
(i) The person, in the case in which the conviction was obtained or the plea of guilty was entered, had been charged with a violation of an ordinance of a type described in division (B)(1)(a) of this section, or with a violation of section 4511.19 of the Revised Code;
(ii) The charge of the violation described in division (B)(1)(c)(i) of this section was dismissed or reduced;
(iii) The violation of which the person was convicted or to which the person pleaded guilty arose out of the same facts and circumstances and the same act as did the charge that was dismissed or reduced.
(d) A violation of a statute of the United States or of any other state or a municipal ordinance of a municipal corporation located in any other state that is substantially similar to section 4511.19 of the Revised Code.
(2) The mayor of a municipal corporation does not have jurisdiction to hear and determine any prosecution or criminal cause involving a violation described in division (B)(1)(a) or (b) of this section, regardless of where the violation occurred, if the person charged with the violation, within six years of the violation charged, has been convicted of or pleaded guilty to any violation listed in division (B)(1)(a), (b), (c), or (d) of this section.
If the mayor of a municipal corporation, in hearing a prosecution involving a violation of an ordinance of the municipal corporation the mayor serves relating to operating a vehicle while under the influence of alcohol, a drug of abuse, or a combination of them or relating to operating a vehicle with a prohibited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum or plasma, breath, or urine, or in hearing a criminal cause involving a violation of section 4511.19 of the Revised Code, determines that the person charged, within six years of the violation charged, has been convicted of or pleaded guilty to any violation listed in division (B)(1)(a), (b), (c), or (d) of this section, the mayor immediately shall transfer the case to the county court or municipal court with jurisdiction over the violation charged, in accordance with section 1905.032 of the Revised Code.
(C)(1) In Georgetown in Brown county, in Mount Gilead in
Morrow county, in any municipal corporation located entirely on an
island in Lake Erie, and in all other municipal corporations
having a population of more than one two hundred, other than
Batavia in Clermont county, not being the site of a municipal
court and not being a place where a judge of a court listed in
division (A) of this section sits as required pursuant to section
1901.021 of the Revised Code or by designation of the judges
pursuant to section 1901.021 of the Revised Code, the mayor of the
municipal corporation, subject to sections 1901.031, 2937.08, and
2938.04 of the Revised Code, has jurisdiction to hear and
determine prosecutions involving a violation of a municipal
ordinance that is substantially equivalent to division (A) of
section 4510.14 or section 4510.16 of the Revised Code and to hear
and determine criminal causes that involve a moving traffic
violation, that involve a violation of division (A) of section
4510.14 or section 4510.16 of the Revised Code, and that occur on
a state highway located within the boundaries of the municipal
corporation only if all of the following apply regarding the
violation and the person charged:
(a) Regarding a violation of section 4510.16 of the Revised Code or a violation of a municipal ordinance that is substantially equivalent to that division, the person charged with the violation, within six years of the date of the violation charged, has not been convicted of or pleaded guilty to any of the following:
(i) A violation of section 4510.16 of the Revised Code;
(ii) A violation of a municipal ordinance that is substantially equivalent to section 4510.16 of the Revised Code;
(iii) A violation of any municipal ordinance or section of the Revised Code that regulates the operation of vehicles, streetcars, and trackless trolleys upon the highways or streets, in a case in which, after a charge against the person of a violation of a type described in division (C)(1)(a)(i) or (ii) of this section was dismissed or reduced, the person is convicted of or pleads guilty to a violation that arose out of the same facts and circumstances and the same act as did the charge that was dismissed or reduced.
(b) Regarding a violation of division (A) of section 4510.14 of the Revised Code or a violation of a municipal ordinance that is substantially equivalent to that division, the person charged with the violation, within six years of the date of the violation charged, has not been convicted of or pleaded guilty to any of the following:
(i) A violation of division (A) of section 4510.14 of the Revised Code;
(ii) A violation of a municipal ordinance that is substantially equivalent to division (A) of section 4510.14 of the Revised Code;
(iii) A violation of any municipal ordinance or section of the Revised Code that regulates the operation of vehicles, streetcars, and trackless trolleys upon the highways or streets in a case in which, after a charge against the person of a violation of a type described in division (C)(1)(b)(i) or (ii) of this section was dismissed or reduced, the person is convicted of or pleads guilty to a violation that arose out of the same facts and circumstances and the same act as did the charge that was dismissed or reduced.
(2) The mayor of a municipal corporation does not have jurisdiction to hear and determine any prosecution or criminal cause involving a violation described in division (C)(1)(a)(i) or (ii) of this section if the person charged with the violation, within six years of the violation charged, has been convicted of or pleaded guilty to any violation listed in division (C)(1)(a)(i), (ii), or (iii) of this section and does not have jurisdiction to hear and determine any prosecution or criminal cause involving a violation described in division (C)(1)(b)(i) or (ii) of this section if the person charged with the violation, within six years of the violation charged, has been convicted of or pleaded guilty to any violation listed in division (C)(1)(b)(i), (ii), or (iii) of this section.
(3) If the mayor of a municipal corporation, in hearing a prosecution involving a violation of an ordinance of the municipal corporation the mayor serves that is substantially equivalent to division (A) of section 4510.14 or section 4510.16 of the Revised Code or a violation of division (A) of section 4510.14 or section 4510.16 of the Revised Code, determines that, under division (C)(2) of this section, mayors do not have jurisdiction of the prosecution, the mayor immediately shall transfer the case to the county court or municipal court with jurisdiction over the violation in accordance with section 1905.032 of the Revised Code.
(D) If the mayor of a municipal corporation has jurisdiction pursuant to division (B)(1) of this section to hear and determine a prosecution or criminal cause involving a violation described in division (B)(1)(a) or (b) of this section, the authority of the mayor to hear or determine the prosecution or cause is subject to the limitation contained in division (C) of section 1905.03 of the Revised Code. If the mayor of a municipal corporation has jurisdiction pursuant to division (A) or (C) of this section to hear and determine a prosecution or criminal cause involving a violation other than a violation described in division (B)(1)(a) or (b) of this section, the authority of the mayor to hear or determine the prosecution or cause is subject to the limitation contained in division (C) of section 1905.031 of the Revised Code.
(E)(1) The mayor of a municipal corporation does not have jurisdiction to hear and determine any prosecution or criminal cause involving any of the following:
(a) A violation of section 2919.25 or 2919.27 of the Revised Code;
(b) A violation of section 2903.11, 2903.12, 2903.13, 2903.211, or 2911.211 of the Revised Code that involves a person who was a family or household member of the defendant at the time of the violation;
(c) A violation of a municipal ordinance that is substantially equivalent to an offense described in division (E)(1)(a) or (b) of this section and that involves a person who was a family or household member of the defendant at the time of the violation.
(2) The mayor of a municipal corporation does not have jurisdiction to hear and determine a motion filed pursuant to section 2919.26 of the Revised Code or filed pursuant to a municipal ordinance that is substantially equivalent to that section or to issue a protection order pursuant to that section or a substantially equivalent municipal ordinance.
(3) As used in this section, "family or household member" has the same meaning as in section 2919.25 of the Revised Code.
(F) In keeping a docket and files, the mayor, and a mayor's court magistrate appointed under section 1905.05 of the Revised Code, shall be governed by the laws pertaining to county courts.
Sec. 4511.204. (A) No person shall drive a motor vehicle, trackless trolley, or streetcar on any street, highway, or property open to the public for vehicular traffic while using a handheld electronic wireless communications device to write, send, or read a text-based communication.
(B) Division (A) of this section does not apply to any of the following:
(1) A person using a handheld electronic wireless communications device in that manner for emergency purposes, including an emergency contact with a law enforcement agency, hospital or health care provider, fire department, or other similar emergency agency or entity;
(2) A person driving a public safety vehicle who uses a handheld electronic wireless communications device in that manner in the course of the person's duties;
(3) A person using a handheld electronic wireless communications device in that manner whose motor vehicle is in a stationary position and who is outside a lane of travel;
(4) A person reading, selecting, or entering a name or telephone number in a handheld electronic wireless communications device for the purpose of making or receiving a telephone call;
(5) A person receiving wireless messages on a device regarding the operation or navigation of a motor vehicle; safety-related information, including emergency, traffic, or weather alerts; or data used primarily by the motor vehicle;
(6) A person receiving wireless messages via radio waves;
(7) A person using a device for navigation purposes;
(8) A person conducting wireless interpersonal communication with a device that does not require manually entering letters, numbers, or symbols or reading text messages, except to activate, deactivate, or initiate the device or a feature or function of the device;
(9) A person operating a commercial truck while using a mobile data terminal that transmits and receives data;
(10) A person using a handheld electronic wireless communications device in conjunction with a voice-operated or hands-free device feature or function of the vehicle.
(C) Notwithstanding any provision of law to the contrary, no law enforcement officer shall cause an operator of an automobile being operated on any street or highway to stop the automobile for the sole purpose of determining whether a violation of division (A) of this section has been or is being committed or for the sole purpose of issuing a ticket, citation, or summons for a violation of that nature or causing the arrest of or commencing a prosecution of a person for a violation of that nature, and no law enforcement officer shall view the interior or visually inspect any automobile being operated on any street or highway for the sole purpose of determining whether a violation of that nature has been or is being committed.
(D) Whoever violates division (A) of this section is guilty of a minor misdemeanor.
(E) This section shall not be construed as invalidating, preempting, or superseding a substantially equivalent municipal ordinance that prescribes penalties for violations of that ordinance that are greater than the penalties prescribed in this section for violations of this section.
(F) A prosecution for a violation of this section does not preclude a prosecution for a violation of a substantially equivalent municipal ordinance based on the same conduct. However, if an offender is convicted of or pleads guilty to a violation of this section and is also convicted of or pleads guilty to a violation of a substantially equivalent municipal ordinance based on the same conduct, the two offenses are allied offenses of similar import under section 2941.25 of the Revised Code.
(G) As used in this section:
(1) "Electronic wireless communications device" includes any of the following:
(a) A wireless telephone;
(b) A text-messaging device;
(c) A personal digital assistant;
(d) A computer, including a laptop computer and a computer tablet;
(e) Any other substantially similar wireless device that is designed or used to communicate text.
(2) "Voice-operated or hands-free device" means a device that allows the user to vocally compose or send, or to listen to a text-based communication without the use of either hand except to activate or deactivate a feature or function.
(3) "Write, send, or read a text-based communication" means to manually write or send, or read a text-based communication using an electronic wireless communications device, including manually writing or sending, or reading communications referred to as text messages, instant messages, or electronic mail.
Sec. 4511.205. (A) No holder of a temporary instruction permit who has not attained the age of eighteen years and no holder of a probationary driver's license shall drive a motor vehicle on any street, highway, or property used by the public for purposes of vehicular traffic or parking while using in any manner an electronic wireless communications device.
(B) Division (A) of this section does not apply to either of the following:
(1) A person using an electronic wireless communications device for emergency purposes, including an emergency contact with a law enforcement agency, hospital or health care provider, fire department, or other similar emergency agency or entity;
(2) A person using an electronic wireless communications device whose motor vehicle is in a stationary position and the motor vehicle is outside a lane of travel;
(3) A person using a navigation device in a voice-operated or hands-free manner who does not manipulate the device while driving.
(C)(1) Except as provided in division (C)(2) of this section, whoever violates division (A) of this section shall be fined one hundred fifty dollars. In addition, the court shall impose a class seven suspension of the offender's driver's license or permit for a definite period of sixty days.
(2) If the offender person previously has been convicted of
adjudicated a delinquent child or a juvenile traffic offender for
a violation of this section, whoever violates this section shall
be fined three hundred dollars. In addition, the court shall
impose a class seven suspension of the offender's person's
driver's license or permit for a definite period of one year.
(D) The filing of a sworn complaint against a person for a violation of this section does not preclude the filing of a sworn complaint for a violation of a substantially equivalent municipal ordinance for the same conduct. However, if a person is adjudicated a delinquent child or a juvenile traffic offender for a violation of this section and is also adjudicated a delinquent child or a juvenile traffic offender for a violation of a substantially equivalent municipal ordinance for the same conduct, the two offenses are allied offenses of similar import under section 2941.25 of the Revised Code.
(E) As used in this section, "electronic wireless communications device" includes any of the following:
(1) A wireless telephone;
(2) A personal digital assistant;
(3) A computer, including a laptop computer and a computer tablet;
(4) A text-messaging device;
(5) Any other substantially similar electronic wireless device that is designed or used to communicate via voice, image, or written word.
SECTION 2. That existing sections 1901.08, 1905.01, 4511.204, and 4511.205 of the Revised Code are hereby repealed.
SECTION 3. The judgeship of the Youngstown Municipal Court that is abolished by this act is the judgeship whose term began on January 1, 2008. The term of the judge elected in 2013 to succeed the judge whose term began on January 2, 2008, shall begin on January 1, 2014.
SECTION 4. (A) Upon the effective date of this act, within each municipal corporation with a population of two hundred or less, except for any municipal corporation located entirely on an island in Lake Erie, the jurisdiction of the mayor in all civil and criminal causes that otherwise was granted under section 1905.01 of the Revised Code prior to the effective date of this act terminates. Upon the effective date of this act, all prosecutions, cases, criminal causes, and other proceedings then pending in a mayor's court of a municipal corporation that has a population of two hundred or less and is not located entirely on an island in Lake Erie shall be transferred to and proceed in the municipal court, county court, or court of common pleas with jurisdiction over the alleged violation that is the basis of the prosecution, case, cause, or proceeding, as if the prosecution, case, cause, or proceeding originally had been instituted in the municipal court, county court, or court of common pleas.
(B) Upon the transfer of a prosecution, case, criminal cause, or other proceeding to a municipal court, county court, or court of common pleas under division (A) of this section, the mayor of the municipal corporation before whom the prosecution, case, cause, or proceeding was pending upon the effective date of this act shall transfer to the municipal court, county court, or court of common pleas the pleadings, orders, entries, dockets, bonds, papers, records, books, exhibits, files, moneys, property, and persons that belong to, are in the possession of, or were subject to the jurisdiction of the mayor and that pertain to the transferred prosecution, case, cause, or proceeding.
