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| To amend sections 4510.01 and 4511.093 and to enact | 1 |
| section 4511.204 of the Revised Code to prohibit | 2 |
| driving a vehicle while using a handheld or | 3 |
| manually operated mobile communication device and | 4 |
| to establish the violation as a secondary traffic | 5 |
| offense. | 6 |
| Section 1. That sections 4510.01 and 4511.093 be amended and | 7 |
| section 4511.204 of the Revised Code be enacted to read as | 8 |
| follows: | 9 |
| Sec. 4510.01. As used in this title and in Title XXIX of the | 10 |
| Revised Code: | 11 |
| (A) "Cancel" or "cancellation" means the annulment or | 12 |
| termination by the bureau of motor vehicles of a driver's license, | 13 |
| commercial driver's license, temporary instruction permit, | 14 |
| probationary license, or nonresident operating privilege because | 15 |
| it was obtained unlawfully, issued in error, altered, or willfully | 16 |
| destroyed, or because the holder no longer is entitled to the | 17 |
| license, permit, or privilege. | 18 |
| (B) "Drug abuse offense," "cocaine," and "L.S.D." have the | 19 |
| same meanings as in section 2925.01 of the Revised Code. | 20 |
| (C) "Ignition interlock device" means a device approved by | 21 |
| the director of public safety that connects a breath analyzer to a | 22 |
| motor vehicle's ignition system, that is constantly available to | 23 |
| monitor the concentration by weight of alcohol in the breath of | 24 |
| any person attempting to start that motor vehicle by using its | 25 |
| ignition system, and that deters starting the motor vehicle by use | 26 |
| of its ignition system unless the person attempting to start the | 27 |
| vehicle provides an appropriate breath sample for the device and | 28 |
| the device determines that the concentration by weight of alcohol | 29 |
| in the person's breath is below a preset level. | 30 |
| (D) "Immobilizing or disabling device" means a device | 31 |
| approved by the director of public safety that may be ordered by a | 32 |
| court to be used by an offender as a condition of limited driving | 33 |
| privileges. "Immobilizing or disabling device" includes an | 34 |
| ignition interlock device, and any prototype device that is used | 35 |
| according to protocols designed to ensure efficient and effective | 36 |
| monitoring of limited driving privileges granted by a court to an | 37 |
| offender. | 38 |
| (E) "Moving violation" means any violation of any statute or | 39 |
| ordinance that regulates the operation of vehicles, streetcars, or | 40 |
| trackless trolleys on the highways or streets. "Moving violation" | 41 |
| does not include a violation of section 4511.204 or 4513.263 of | 42 |
| the Revised Code or a substantially equivalent municipal | 43 |
| ordinance, a violation of any statute or ordinance regulating | 44 |
| pedestrians or the parking of vehicles, vehicle size or load | 45 |
| limitations, vehicle fitness requirements, or vehicle | 46 |
| registration. | 47 |
| (F) "Municipal OVI ordinance" and "municipal OVI offense" | 48 |
| have the same meanings as in section 4511.181 of the Revised Code. | 49 |
| (G) "Prototype device" means any testing device to monitor | 50 |
| limited driving privileges that has not yet been approved or | 51 |
| disapproved by the director of public safety. | 52 |
| (H) "Suspend" or "suspension" means the permanent or | 53 |
| temporary withdrawal, by action of a court or the bureau of motor | 54 |
| vehicles, of a driver's license, commercial driver's license, | 55 |
| temporary instruction permit, probationary license, or nonresident | 56 |
| operating privilege for the period of the suspension or the | 57 |
| permanent or temporary withdrawal of the privilege to obtain a | 58 |
| license, permit, or privilege of that type for the period of the | 59 |
| suspension. | 60 |
| (I) "Controlled substance" and "marihuana" have the same | 61 |
| meanings as in section 3719.01 of the Revised Code. | 62 |
| Sec. 4511.093. (A)(1) No law enforcement officer who stops | 63 |
| the operator of a motor vehicle in the course of an authorized | 64 |
| sobriety or other motor vehicle checkpoint operation or a motor | 65 |
| vehicle safety inspection shall issue a ticket, citation, or | 66 |
| summons for a secondary traffic offense unless in the course of | 67 |
| the checkpoint operation or safety inspection the officer first | 68 |
| determines that an offense other than a secondary traffic offense | 69 |
| has occurred and either places the operator or a vehicle occupant | 70 |
| under arrest or issues a ticket, citation, or summons to the | 71 |
| operator or a vehicle occupant for an offense other than a | 72 |
| secondary offense. | 73 |
| (2) A law enforcement agency that operates a motor vehicle | 74 |
| checkpoint for an express purpose related to a secondary traffic | 75 |
| offense shall not issue a ticket, citation, or summons for any | 76 |
| secondary traffic offense at such a checkpoint, but may use such a | 77 |
| checkpoint operation to conduct a public awareness campaign and | 78 |
| distribute information. | 79 |
| (B) As used in this section, "secondary traffic offense" | 80 |
| means a violation of division (A) or (F)(2) of section 4507.05, | 81 |
| division (B)(1)(a) or (b) or (E) of section 4507.071, division (A) | 82 |
| of section 4511.204, division (C) of section 4511.81, or division | 83 |
| (B) of section 4513.263 of the Revised Code. | 84 |
| Sec. 4511.204. (A) No person shall drive a motor vehicle, | 85 |
| trackless trolley, or streetcar on any street, highway, or | 86 |
| property open to the public for vehicular traffic while using a | 87 |
| handheld or manually operated mobile communication device. | 88 |
| (B) Division (A) of this section does not apply to any of the | 89 |
| following: | 90 |
| (1) A person using a mobile communication device that is | 91 |
| specifically designed and configured to allow hands-free | 92 |
| operation, and is used in that manner while driving; | 93 |
| (2) A person using a mobile communication device for | 94 |
| emergency purposes, including an emergency call to a law | 95 |
| enforcement agency, hospital or health care provider, fire | 96 |
| department, or other similar emergency agency or entity; | 97 |
| (3) A person operating a public safety vehicle who uses a | 98 |
| mobile communication device in the course of the person's duties. | 99 |
| (C) Notwithstanding any provision of law to the contrary, no | 100 |
| law enforcement officer shall cause an operator of an automobile | 101 |
| being operated on any street or highway to stop the automobile for | 102 |
| the sole purpose of determining whether a violation of division | 103 |
| (A) of this section has been or is being committed or for the sole | 104 |
| purpose of issuing a ticket, citation, or summons for a violation | 105 |
| of that nature or causing the arrest of or commencing a | 106 |
| prosecution of a person for a violation of that nature, and no law | 107 |
| enforcement officer shall view the interior or visually inspect | 108 |
| any automobile being operated on any street or highway for the | 109 |
| sole purpose of determining whether a violation of that nature has | 110 |
| been or is being committed. | 111 |
| (D)(1) A violation of division (A) of this section shall not | 112 |
| be considered or used by the trier of fact in a tort action as | 113 |
| evidence of negligence or contributory negligence. But the trier | 114 |
| of fact may determine based on evidence admitted consistent with | 115 |
| the Ohio rules of evidence that the violation contributed to the | 116 |
| harm alleged in the tort action and may diminish a recovery of | 117 |
| compensatory damages that represents noneconomic loss, as defined | 118 |
| in section 2307.011 of the Revised Code, in a tort action that | 119 |
| could have been recovered but for the plaintiff's violation of | 120 |
| division (A) of this section. | 121 |
| (2) Evidence of a violation of division (A) of this section | 122 |
| shall not be used as a basis for a criminal prosecution of the | 123 |
| person other than a prosecution for a violation of this section | 124 |
| and shall not be admissible as evidence in a criminal action | 125 |
| involving the person other than a prosecution for a violation of | 126 |
| this section. | 127 |
| (E) Whoever violates division (A) of this section shall be | 128 |
| fined thirty dollars. | 129 |
| (F) As used in this section: | 130 |
| (1) "Mobile communication device" includes any of the | 131 |
| following: | 132 |
| (a) A wireless telephone; | 133 |
| (b) A text-messaging device; | 134 |
| (c) A personal digital assistant; | 135 |
| (d) A computer; | 136 |
| (e) Any other substantially similar wireless device that is | 137 |
| designed or used to communicate voice, text, or data. | 138 |
| (2) "Tort action" means a civil action for damages for | 139 |
| injury, death, or loss to person or property but does not include | 140 |
| a civil action for damages for breach of contract or another | 141 |
| agreement between persons. | 142 |
| Section 2. That existing sections 4510.01 and 4511.093 of the | 143 |
| Revised Code are hereby repealed. | 144 |