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: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2009-09-01 - To Highways & Transportation
[SB164 Detail]Download: Ohio-2009-SB164-Introduced.html
As Introduced
| 128th General Assembly | | Regular Session | | 2009-2010 |
| |
Cosponsors:
Senators Miller, D., Sawyer, Husted
A BILL
| To amend section 4510.01 and to enact section | 1 |
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4511.204 of the Revised Code to prohibit driving a | 2 |
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vehicle while text messaging or typing on a mobile | 3 |
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communication device and to establish the | 4 |
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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 |
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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
| 8 |
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the
Revised Code:
| 9 |
| (A) "Cancel" or "cancellation" means the annulment or
| 10 |
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termination
by the bureau of motor vehicles of a driver's license,
| 11 |
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commercial driver's
license, temporary instruction permit,
| 12 |
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probationary
license, or nonresident operating privilege because
| 13 |
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it was
obtained unlawfully, issued in error, altered, or willfully
| 14 |
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destroyed, or because the holder no longer is entitled to the
| 15 |
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license, permit, or privilege.
| 16 |
| (B) "Drug abuse offense," "cocaine," and "L.S.D." have the
| 17 |
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same meanings as in section
2925.01 of the Revised Code.
| 18 |
| (C) "Ignition interlock device" means a device approved by
| 19 |
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the
director of public safety that connects a breath analyzer to a
| 20 |
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motor vehicle's
ignition system, that is constantly available to
| 21 |
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monitor the concentration by weight of alcohol in the breath of
| 22 |
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any person attempting to start that motor vehicle by using its
| 23 |
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ignition system, and that deters starting the motor vehicle by use
| 24 |
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of its ignition system unless the person attempting to start the
| 25 |
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vehicle provides an appropriate breath sample for the device and
| 26 |
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the device determines that the concentration by weight of alcohol
| 27 |
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in the person's breath is below a preset level.
| 28 |
| (D) "Immobilizing or disabling device" means a device
| 29 |
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approved by
the director of public safety that may be ordered by a
| 30 |
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court to be
used by an offender as a condition of limited driving
| 31 |
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privileges.
"Immobilizing or disabling device" includes an
| 32 |
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ignition interlock device, and
any prototype device
that is used
| 33 |
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according to protocols designed to ensure efficient
and effective
| 34 |
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monitoring of limited driving privileges granted by
a court to an
| 35 |
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offender.
| 36 |
| (E) "Moving violation" means any violation of any statute or
| 37 |
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ordinance that regulates the operation of vehicles, streetcars, or
| 38 |
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trackless
trolleys on the highways or streets. "Moving
violation"
| 39 |
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does not include a violation of section 4511.204 or 4513.263 of
| 40 |
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the
Revised
Code or a substantially equivalent municipal
| 41 |
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ordinance, a
violation of any statute or ordinance regulating
| 42 |
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pedestrians or
the parking of vehicles, vehicle size or load
| 43 |
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limitations, vehicle
fitness requirements, or vehicle
| 44 |
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registration.
| 45 |
| (F) "Municipal OVI ordinance" and "municipal
OVI offense"
| 46 |
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have the same meanings as in
section 4511.181 of the Revised Code.
| 47 |
| (G) "Prototype device" means any testing device to monitor
| 48 |
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limited driving privileges that has not yet been approved or
| 49 |
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disapproved
by the director of public safety.
| 50 |
| (H) "Suspend" or "suspension" means the permanent or
| 51 |
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temporary
withdrawal, by action of a court or the bureau of motor
| 52 |
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vehicles, of a
driver's
license, commercial driver's license,
| 53 |
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temporary instruction
permit, probationary license, or nonresident
| 54 |
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operating privilege
for the period of the suspension or the
| 55 |
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permanent or temporary
withdrawal of the privilege to obtain a
| 56 |
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license, permit, or
privilege of that type for the period of the
| 57 |
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suspension.
| 58 |
| (I) "Controlled substance" and "marihuana" have the same
| 59 |
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meanings as in section 3719.01 of the Revised Code. | 60 |
| Sec. 4511.204. (A) No person shall drive a motor vehicle,
| 61 |
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trackless trolley, or streetcar on any street, highway, or
| 62 |
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property open to the public for vehicular traffic while text
| 63 |
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messaging or typing on a mobile communication device. | 64 |
| (B) Division (A) of this section does not apply to any of the
| 65 |
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following: | 66 |
| (1) A person using a mobile communication device in that
| 67 |
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manner for
emergency purposes, including an emergency contact
| 68 |
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with a law
enforcement agency, hospital or health care provider,
| 69 |
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fire
department, or other similar emergency agency or entity; | 70 |
| (2) A person operating a public safety vehicle who uses a
| 71 |
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mobile communication device in that manner in the course of the
| 72 |
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person's duties. | 73 |
| (C) Notwithstanding any provision of law to the contrary, no
| 74 |
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law enforcement officer shall cause an operator of an automobile
| 75 |
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being operated on any street or highway to stop the automobile for
| 76 |
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the sole purpose of determining whether a violation of division
| 77 |
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(A) of this section has been or is being committed or for the sole
| 78 |
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purpose of issuing a ticket, citation, or summons for a violation
| 79 |
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of that nature or causing the arrest of or commencing a
| 80 |
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prosecution of a person for a violation of that nature, and no law
| 81 |
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enforcement officer shall view the interior or visually inspect
| 82 |
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any automobile being operated on any street or highway for the
| 83 |
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sole purpose of determining whether a violation of that nature has
| 84 |
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been or is being committed. | 85 |
| (D)(1) Except as otherwise provided in division (D)(2) or (3) | 86 |
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of this section, whoever violates division (A) of this section | 87 |
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shall be
fined two hundred dollars. | 88 |
| (2) If the offender previously has been convicted of or | 89 |
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pleaded guilty to a violation of division (A) of this section, the | 90 |
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offender shall be fined five hundred dollars. | 91 |
| (3) If the offender previously has been convicted of or | 92 |
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pleaded guilty to two or more violations of division (A) of this | 93 |
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section, the offender shall perform one hundred hours of | 94 |
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supervised community service work. | 95 |
| (4)(a) Whenever a law enforcement officer issues a ticket,
| 96 |
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citation, or summons to an offender charging the offender with a
| 97 |
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violation of this section, the officer shall indicate on the
| 98 |
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ticket, citation, or summons if at the time of the violation the
| 99 |
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offender was involved in a motor vehicle accident with another
| 100 |
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motor vehicle, a pedestrian, or any object. If the law enforcement
| 101 |
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officer makes such an indication on the ticket, citation, or
| 102 |
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summons, the offender is not permitted to enter a written plea of
| 103 |
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guilty and waive the offender's right to contest the citation in a
| 104 |
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trial but instead shall appear in person in the proper court to
| 105 |
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answer the charge; in all other circumstances, the offender may
| 106 |
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enter a written plea of guilty and waive the right to contest the
| 107 |
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citation in a trial. | 108 |
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(b) If the trier of fact finds that the offender was involved
| 109 |
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in a motor vehicle accident at the time of the violation of this
| 110 |
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section, the court, in addition to any other penalties it is
| 111 |
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required or permitted by law to impose, shall impose a class seven
| 112 |
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license suspension of the offender's driver's license, commercial
| 113 |
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driver's license, temporary instruction permit, probationary
| 114 |
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license, or nonresident operating privilege and shall impose the
| 115 |
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suspension for six months. | 116 |
| (E) As used in this section, "mobile communication device"
| 117 |
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includes any of the
following: | 118 |
| (1) A wireless telephone; | 119 |
| (2) A text-messaging device; | 120 |
| (3) A personal digital assistant; | 121 |
| (5) Any other substantially similar wireless device that is
| 123 |
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designed or used to communicate text or data. | 124 |
| Section 2. That existing section 4510.01 of the Revised Code | 125 |
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is hereby repealed. | 126 |
