Bill Text: OH SB154 | 2011-2012 | 129th General Assembly | Introduced
Bill Title: To prohibit driving a vehicle while using an electronic wireless communication device to write, send, or read a text-based communication and to establish the violation as a secondary traffic offense.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2011-04-26 - To Highways & Transportation [SB154 Detail]
Download: Ohio-2011-SB154-Introduced.html
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Senator Smith
Cosponsor:
Senator Schiavoni
To amend sections 4510.01 and 4511.093 and to enact | 1 |
sections 4508.022 and 4511.204 of the Revised Code | 2 |
to prohibit driving a vehicle while using an | 3 |
electronic wireless communication device to write, | 4 |
send, or read a text-based communication and to | 5 |
establish the violation as a secondary traffic | 6 |
offense. | 7 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4510.01 and 4511.093 be amended and | 8 |
sections 4508.022 and 4511.204 of the Revised Code be enacted to | 9 |
read as follows: | 10 |
Sec. 4508.022. The classroom instruction required by division | 11 |
(C) of section 4508.02 of the Revised Code shall include | 12 |
information regarding the dangers of text messaging or using an | 13 |
electronic wireless communication device while driving. The | 14 |
information may be obtained from research findings by the national | 15 |
highway traffic safety administration or other sources used as | 16 |
part of an approved driver training curriculum. | 17 |
Sec. 4510.01. As used in this title and in Title XXIX of the | 18 |
Revised Code: | 19 |
(A) "Cancel" or "cancellation" means the annulment or | 20 |
termination by the bureau of motor vehicles of a driver's license, | 21 |
commercial driver's license, temporary instruction permit, | 22 |
probationary license, or nonresident operating privilege because | 23 |
it was obtained unlawfully, issued in error, altered, or willfully | 24 |
destroyed, or because the holder no longer is entitled to the | 25 |
license, permit, or privilege. | 26 |
(B) "Drug abuse offense," "cocaine," and "L.S.D." have the | 27 |
same meanings as in section 2925.01 of the Revised Code. | 28 |
(C) "Ignition interlock device" means a device approved by | 29 |
the director of public safety that connects a breath analyzer to a | 30 |
motor vehicle's ignition system, that is constantly available to | 31 |
monitor the concentration by weight of alcohol in the breath of | 32 |
any person attempting to start that motor vehicle by using its | 33 |
ignition system, and that deters starting the motor vehicle by use | 34 |
of its ignition system unless the person attempting to start the | 35 |
vehicle provides an appropriate breath sample for the device and | 36 |
the device determines that the concentration by weight of alcohol | 37 |
in the person's breath is below a preset level. | 38 |
(D) "Immobilizing or disabling device" means a device | 39 |
approved by the director of public safety that may be ordered by a | 40 |
court to be used by an offender as a condition of limited driving | 41 |
privileges. "Immobilizing or disabling device" includes an | 42 |
ignition interlock device, and any prototype device that is used | 43 |
according to protocols designed to ensure efficient and effective | 44 |
monitoring of limited driving privileges granted by a court to an | 45 |
offender. | 46 |
(E) "Moving violation" means any violation of any statute or | 47 |
ordinance that regulates the operation of vehicles, streetcars, or | 48 |
trackless trolleys on the highways or streets. "Moving violation" | 49 |
does not include a violation of section 4511.204 or 4513.263 of | 50 |
the Revised Code or a substantially equivalent municipal | 51 |
ordinance, a violation of any statute or ordinance regulating | 52 |
pedestrians or the parking of vehicles, vehicle size or load | 53 |
limitations, vehicle fitness requirements, or vehicle | 54 |
registration. | 55 |
(F) "Municipal OVI ordinance" and "municipal OVI offense" | 56 |
have the same meanings as in section 4511.181 of the Revised Code. | 57 |
(G) "Prototype device" means any testing device to monitor | 58 |
limited driving privileges that has not yet been approved or | 59 |
disapproved by the director of public safety. | 60 |
(H) "Suspend" or "suspension" means the permanent or | 61 |
temporary withdrawal, by action of a court or the bureau of motor | 62 |
vehicles, of a driver's license, commercial driver's license, | 63 |
temporary instruction permit, probationary license, or nonresident | 64 |
operating privilege for the period of the suspension or the | 65 |
permanent or temporary withdrawal of the privilege to obtain a | 66 |
license, permit, or privilege of that type for the period of the | 67 |
suspension. | 68 |
(I) "Controlled substance" and "marihuana" have the same | 69 |
meanings as in section 3719.01 of the Revised Code. | 70 |
Sec. 4511.093. (A)(1) No law enforcement officer who stops | 71 |
the operator of a motor vehicle in the course of an authorized | 72 |
sobriety or other motor vehicle checkpoint operation or a motor | 73 |
vehicle safety inspection shall issue a ticket, citation, or | 74 |
summons for a secondary traffic offense unless in the course of | 75 |
the checkpoint operation or safety inspection the officer first | 76 |
determines that an offense other than a secondary traffic offense | 77 |
has occurred and either places the operator or a vehicle occupant | 78 |
under arrest or issues a ticket, citation, or summons to the | 79 |
operator or a vehicle occupant for an offense other than a | 80 |
secondary offense. | 81 |
(2) A law enforcement agency that operates a motor vehicle | 82 |
checkpoint for an express purpose related to a secondary traffic | 83 |
offense shall not issue a ticket, citation, or summons for any | 84 |
secondary traffic offense at such a checkpoint, but may use such a | 85 |
checkpoint operation to conduct a public awareness campaign and | 86 |
distribute information. | 87 |
(B) As used in this section, "secondary traffic offense" | 88 |
means a violation of division (A) or (F)(2) of section 4507.05, | 89 |
division (B)(1)(a) or (b) or (E) of section 4507.071, division (A) | 90 |
of section 4511.204, division (C) or (D) of section 4511.81, | 91 |
division (A)(3) of section 4513.03, or division (B) of section | 92 |
4513.263 of the Revised Code. | 93 |
Sec. 4511.204. (A) No person shall drive a motor vehicle, | 94 |
trackless trolley, or streetcar on any street, highway, or | 95 |
property open to the public for vehicular traffic while using an | 96 |
electronic wireless communication device to write, send, or read a | 97 |
text-based communication. | 98 |
(B) Division (A) of this section does not apply to any of the | 99 |
following: | 100 |
(1) A person using an electronic wireless communication | 101 |
device in that manner for emergency purposes, including an | 102 |
emergency contact with a law enforcement agency, hospital or | 103 |
health care provider, fire department, or other similar emergency | 104 |
agency or entity; | 105 |
(2) A person operating a public safety vehicle who uses an | 106 |
electronic wireless communication device in that manner in the | 107 |
course and scope of the person's duties; | 108 |
(3) A person who reads, selects, or enters a telephone number | 109 |
or name in an electronic wireless communication device for the | 110 |
purpose of making or receiving a telephone call; | 111 |
(4) A person using an electronic wireless communication | 112 |
device whose motor vehicle is in a stationary position, with the | 113 |
transmission in the park or neutral setting or with the engine or | 114 |
power to the motor off, and who is outside a lane of travel. | 115 |
(C) Notwithstanding any provision of law to the contrary, no | 116 |
law enforcement officer shall cause an operator of an automobile | 117 |
being operated on any street or highway to stop the automobile for | 118 |
the sole purpose of determining whether a violation of division | 119 |
(A) of this section has been or is being committed or for the sole | 120 |
purpose of issuing a ticket, citation, or summons for a violation | 121 |
of that nature or causing the arrest of or commencing a | 122 |
prosecution of a person for a violation of that nature, and no law | 123 |
enforcement officer shall view the interior or visually inspect | 124 |
any automobile being operated on any street or highway for the | 125 |
sole purpose of determining whether a violation of that nature has | 126 |
been or is being committed. | 127 |
(D)(1) Except as otherwise provided in division (D)(2) or (3) | 128 |
of this section, whoever violates division (A) of this section | 129 |
shall be fined two hundred dollars. | 130 |
(2) If the offender previously has been convicted of or | 131 |
pleaded guilty to a violation of division (A) of this section, the | 132 |
offender shall be fined five hundred dollars. | 133 |
(3) If the offender previously has been convicted of or | 134 |
pleaded guilty to two or more violations of division (A) of this | 135 |
section, the offender shall perform one hundred hours of | 136 |
supervised community service work. | 137 |
(4)(a) Whenever a law enforcement officer issues a ticket, | 138 |
citation, or summons to an offender charging the offender with a | 139 |
violation of this section, the officer shall indicate on the | 140 |
ticket, citation, or summons if at the time of the violation the | 141 |
offender was involved in a motor vehicle accident with another | 142 |
motor vehicle, a pedestrian, or any object. If the law enforcement | 143 |
officer makes such an indication on the ticket, citation, or | 144 |
summons, the offender is not permitted to enter a written plea of | 145 |
guilty and waive the offender's right to contest the citation in a | 146 |
trial but instead shall appear in person in the proper court to | 147 |
answer the charge; in all other circumstances, the offender may | 148 |
enter a written plea of guilty and waive the right to contest the | 149 |
citation in a trial. | 150 |
(b) If the trier of fact finds that the offender was involved | 151 |
in a motor vehicle accident at the time of the violation of this | 152 |
section, the court, in addition to any other penalties it is | 153 |
required or permitted by law to impose, shall impose a class seven | 154 |
license suspension of the offender's driver's license, commercial | 155 |
driver's license, temporary instruction permit, probationary | 156 |
license, or nonresident operating privilege and shall impose the | 157 |
suspension for six months. | 158 |
(E) As used in this section: | 159 |
(1) "Electronic wireless communication device" includes any | 160 |
of the following: | 161 |
(a) A wireless telephone; | 162 |
(b) A text-messaging device; | 163 |
(c) A personal digital assistant; | 164 |
(d) A computer; | 165 |
(e) Any other substantially similar wireless device. | 166 |
(2) "Text-based communication" includes any of the following: | 167 |
(a) A text message; | 168 |
(b) An instant message; | 169 |
(c) Electronic mail; | 170 |
(d) Other similar means of communicating text or data using | 171 |
an electronic wireless communication device. | 172 |
Section 2. That existing sections 4510.01 and 4511.093 of the | 173 |
Revised Code are hereby repealed. | 174 |