Bill Text: OH SB254 | 2011-2012 | 129th General Assembly | Comm Sub

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Bill Title: 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: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-12-05 - Committee Report - S [SB254 Detail]

Download: Ohio-2011-SB254-Comm_Sub.html

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As Reported by the Senate Judiciary Committee

129th General Assembly Regular Session 2011-2012

Sub. S. B. No. 254

Senator Patton 

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A BILL

To amend sections 1905.01, 4511.204, and 4511.205 of

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the Revised Code to increase from more than 100 to

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more than 200 the population necessary for a

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municipal corporation to have a mayor's court

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unless the municipal corporation is located

5

entirely on an island in Lake Erie and to provide

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that a conviction or guilty plea of the offense of

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driving a vehicle while writing, sending, or

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reading a text-based communication on a handheld

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electronic wireless communications device and a

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conviction or guilty plea of a substantially

11

equivalent municipal ordinance for the same

12

conduct are allied offenses of similar import and

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that an adjudication for the offense of a person

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who is less than 18 years of age from using, in

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any manner, an electronic wireless communications

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device while driving and an adjudication of a

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substantially equivalent municipal ordinance for

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the same conduct are allied offenses of similar

19

import.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 1905.01, 4511.204, and 4511.205 of	21
the Revised Code be amended to read as follows:	22

Sec. 1905.01.  (A) In Georgetown in Brown county, in Mount	23
Gilead in Morrow county, in any municipal corporation located	24
entirely on an island in Lake Erie, and in all other municipal	25
corporations having a population of more than onetwo hundred,	26
other than Batavia in Clermont county, not being the site of a	27
municipal court nor a place where a judge of the Auglaize county,	28
Crawford county, Jackson county, Miami county, Montgomery county,	29
Portage county, or Wayne county municipal court sits as required	30
pursuant to section 1901.021 of the Revised Code or by designation	31
of the judges pursuant to section 1901.021 of the Revised Code,	32
the mayor of the municipal corporation has jurisdiction, except as	33
provided in divisions (B), (C), and (E) of this section and	34
subject to the limitation contained in section 1905.03 and the	35
limitation contained in section 1905.031 of the Revised Code, to	36
hear and determine any prosecution for the violation of an	37
ordinance of the municipal corporation, to hear and determine any	38
case involving a violation of a vehicle parking or standing	39
ordinance of the municipal corporation unless the violation is	40
required to be handled by a parking violations bureau or joint	41
parking violations bureau pursuant to Chapter 4521. of the Revised	42
Code, and to hear and determine all criminal causes involving any	43
moving traffic violation occurring on a state highway located	44
within the boundaries of the municipal corporation, subject to the	45
limitations of sections 2937.08 and 2938.04 of the Revised Code.	46

(B)(1) In Georgetown in Brown county, in Mount Gilead in	47
Morrow county, in any municipal corporation located entirely on an	48
island in Lake Erie, and in all other municipal corporations	49
having a population of more than onetwo hundred, other than	50
Batavia in Clermont county, not being the site of a municipal	51
court nor a place where a judge of a court listed in division (A)	52
of this section sits as required pursuant to section 1901.021 of	53
the Revised Code or by designation of the judges pursuant to	54
section 1901.021 of the Revised Code, the mayor of the municipal	55
corporation has jurisdiction, subject to the limitation contained	56
in section 1905.03 of the Revised Code, to hear and determine	57
prosecutions involving a violation of an ordinance of the	58
municipal corporation relating to operating a vehicle while under	59
the influence of alcohol, a drug of abuse, or a combination of	60
them or relating to operating a vehicle with a prohibited	61
concentration of alcohol, a controlled substance, or a metabolite	62
of a controlled substance in the whole blood, blood serum or	63
plasma, breath, or urine, and to hear and determine criminal	64
causes involving a violation of section 4511.19 of the Revised	65
Code that occur on a state highway located within the boundaries	66
of the municipal corporation, subject to the limitations of	67
sections 2937.08 and 2938.04 of the Revised Code, only if the	68
person charged with the violation, within six years of the date of	69
the violation charged, has not been convicted of or pleaded guilty	70
to any of the following:	71

(a) A violation of an ordinance of any municipal corporation	72
relating to operating a vehicle while under the influence of	73
alcohol, a drug of abuse, or a combination of them or relating to	74
operating a vehicle with a prohibited concentration of alcohol, a	75
controlled substance, or a metabolite of a controlled substance in	76
the whole blood, blood serum or plasma, breath, or urine;	77

(b) A violation of section 4511.19 of the Revised Code;

78

(c) A violation of any ordinance of any municipal corporation	79
or of any section of the Revised Code that regulates the operation	80
of vehicles, streetcars, and trackless trolleys upon the highways	81
or streets, to which all of the following apply:	82

(i) The person, in the case in which the conviction was	83
obtained or the plea of guilty was entered, had been charged with	84
a violation of an ordinance of a type described in division	85
(B)(1)(a) of this section, or with a violation of section 4511.19	86
of the Revised Code;	87

(ii) The charge of the violation described in division	88
(B)(1)(c)(i) of this section was dismissed or reduced;	89

(iii) The violation of which the person was convicted or to	90
which the person pleaded guilty arose out of the same facts and	91
circumstances and the same act as did the charge that was	92
dismissed or reduced.	93

(d) A violation of a statute of the United States or of any	94
other state or a municipal ordinance of a municipal corporation	95
located in any other state that is substantially similar to	96
section 4511.19 of the Revised Code.	97

(2) The mayor of a municipal corporation does not have	98
jurisdiction to hear and determine any prosecution or criminal	99
cause involving a violation described in division (B)(1)(a) or (b)	100
of this section, regardless of where the violation occurred, if	101
the person charged with the violation, within six years of the	102
violation charged, has been convicted of or pleaded guilty to any	103
violation listed in division (B)(1)(a), (b), (c), or (d) of this	104
section.	105

If the mayor of a municipal corporation, in hearing a	106
prosecution involving a violation of an ordinance of the municipal	107
corporation the mayor serves relating to operating a vehicle while	108
under the influence of alcohol, a drug of abuse, or a combination	109
of them or relating to operating a vehicle with a prohibited	110
concentration of alcohol, a controlled substance, or a metabolite	111
of a controlled substance in the whole blood, blood serum or	112
plasma, breath, or urine, or in hearing a criminal cause involving	113
a violation of section 4511.19 of the Revised Code, determines	114
that the person charged, within six years of the violation	115
charged, has been convicted of or pleaded guilty to any violation	116
listed in division (B)(1)(a), (b), (c), or (d) of this section,	117
the mayor immediately shall transfer the case to the county court	118
or municipal court with jurisdiction over the violation charged,	119
in accordance with section 1905.032 of the Revised Code.	120

(C)(1) In Georgetown in Brown county, in Mount Gilead in	121
Morrow county, in any municipal corporation located entirely on an	122
island in Lake Erie, and in all other municipal corporations	123
having a population of more than onetwo hundred, other than	124
Batavia in Clermont county, not being the site of a municipal	125
court and not being a place where a judge of a court listed in	126
division (A) of this section sits as required pursuant to section	127
1901.021 of the Revised Code or by designation of the judges	128
pursuant to section 1901.021 of the Revised Code, the mayor of the	129
municipal corporation, subject to sections 1901.031, 2937.08, and	130
2938.04 of the Revised Code, has jurisdiction to hear and	131
determine prosecutions involving a violation of a municipal	132
ordinance that is substantially equivalent to division (A) of	133
section 4510.14 or section 4510.16 of the Revised Code and to hear	134
and determine criminal causes that involve a moving traffic	135
violation, that involve a violation of division (A) of section	136
4510.14 or section 4510.16 of the Revised Code, and that occur on	137
a state highway located within the boundaries of the municipal	138
corporation only if all of the following apply regarding the	139
violation and the person charged:	140

(a) Regarding a violation of section 4510.16 of the Revised	141
Code or a violation of a municipal ordinance that is substantially	142
equivalent to that division, the person charged with the	143
violation, within six years of the date of the violation charged,	144
has not been convicted of or pleaded guilty to any of the	145
following:	146

(i) A violation of section 4510.16 of the Revised Code;

147

(ii) A violation of a municipal ordinance that is	148
substantially equivalent to section 4510.16 of the Revised Code;	149

(iii) A violation of any municipal ordinance or section of	150
the Revised Code that regulates the operation of vehicles,	151
streetcars, and trackless trolleys upon the highways or streets,	152
in a case in which, after a charge against the person of a	153
violation of a type described in division (C)(1)(a)(i) or (ii) of	154
this section was dismissed or reduced, the person is convicted of	155
or pleads guilty to a violation that arose out of the same facts	156
and circumstances and the same act as did the charge that was	157
dismissed or reduced.	158

(b) Regarding a violation of division (A) of section 4510.14	159
of the Revised Code or a violation of a municipal ordinance that	160
is substantially equivalent to that division, the person charged	161
with the violation, within six years of the date of the violation	162
charged, has not been convicted of or pleaded guilty to any of the	163
following:	164

(i) A violation of division (A) of section 4510.14 of the	165
Revised Code;	166

(ii) A violation of a municipal ordinance that is	167
substantially equivalent to division (A) of section 4510.14 of the	168
Revised Code;	169

(iii) A violation of any municipal ordinance or section of	170
the Revised Code that regulates the operation of vehicles,	171
streetcars, and trackless trolleys upon the highways or streets in	172
a case in which, after a charge against the person of a violation	173
of a type described in division (C)(1)(b)(i) or (ii) of this	174
section was dismissed or reduced, the person is convicted of or	175
pleads guilty to a violation that arose out of the same facts and	176
circumstances and the same act as did the charge that was	177
dismissed or reduced.	178

(2) The mayor of a municipal corporation does not have	179
jurisdiction to hear and determine any prosecution or criminal	180
cause involving a violation described in division (C)(1)(a)(i) or	181
(ii) of this section if the person charged with the violation,	182
within six years of the violation charged, has been convicted of	183
or pleaded guilty to any violation listed in division	184
(C)(1)(a)(i), (ii), or (iii) of this section and does not have	185
jurisdiction to hear and determine any prosecution or criminal	186
cause involving a violation described in division (C)(1)(b)(i) or	187
(ii) of this section if the person charged with the violation,	188
within six years of the violation charged, has been convicted of	189
or pleaded guilty to any violation listed in division	190
(C)(1)(b)(i), (ii), or (iii) of this section.	191

(3) If the mayor of a municipal corporation, in hearing a	192
prosecution involving a violation of an ordinance of the municipal	193
corporation the mayor serves that is substantially equivalent to	194
division (A) of section 4510.14 or section 4510.16 of the Revised	195
Code or a violation of division (A) of section 4510.14 or section	196
4510.16 of the Revised Code, determines that, under division	197
(C)(2) of this section, mayors do not have jurisdiction of the	198
prosecution, the mayor immediately shall transfer the case to the	199
county court or municipal court with jurisdiction over the	200
violation in accordance with section 1905.032 of the Revised Code.	201

(D) If the mayor of a municipal corporation has jurisdiction	202
pursuant to division (B)(1) of this section to hear and determine	203
a prosecution or criminal cause involving a violation described in	204
division (B)(1)(a) or (b) of this section, the authority of the	205
mayor to hear or determine the prosecution or cause is subject to	206
the limitation contained in division (C) of section 1905.03 of the	207
Revised Code. If the mayor of a municipal corporation has	208
jurisdiction pursuant to division (A) or (C) of this section to	209
hear and determine a prosecution or criminal cause involving a	210
violation other than a violation described in division (B)(1)(a)	211
or (b) of this section, the authority of the mayor to hear or	212
determine the prosecution or cause is subject to the limitation	213
contained in division (C) of section 1905.031 of the Revised Code.	214

(E)(1) The mayor of a municipal corporation does not have	215
jurisdiction to hear and determine any prosecution or criminal	216
cause involving any of the following:	217

(a) A violation of section 2919.25 or 2919.27 of the Revised	218
Code;	219

(b) A violation of section 2903.11, 2903.12, 2903.13,	220
2903.211, or 2911.211 of the Revised Code that involves a person	221
who was a family or household member of the defendant at the time	222
of the violation;	223

(c) A violation of a municipal ordinance that is	224
substantially equivalent to an offense described in division	225
(E)(1)(a) or (b) of this section and that involves a person who	226
was a family or household member of the defendant at the time of	227
the violation.	228

(2) The mayor of a municipal corporation does not have	229
jurisdiction to hear and determine a motion filed pursuant to	230
section 2919.26 of the Revised Code or filed pursuant to a	231
municipal ordinance that is substantially equivalent to that	232
section or to issue a protection order pursuant to that section or	233
a substantially equivalent municipal ordinance.	234

(3) As used in this section, "family or household member" has	235
the same meaning as in section 2919.25 of the Revised Code.	236

(F) In keeping a docket and files, the mayor, and a mayor's	237
court magistrate appointed under section 1905.05 of the Revised	238
Code, shall be governed by the laws pertaining to county courts.	239

Sec. 4511.204.  (A) No person shall drive a motor vehicle,	240
trackless trolley, or streetcar on any street, highway, or	241
property open to the public for vehicular traffic while using a	242
handheld electronic wireless communications device to write, send,	243
or read a text-based communication.	244

(B) Division (A) of this section does not apply to any of the	245
following:	246

(1) A person using a handheld electronic wireless	247
communications device in that manner for emergency purposes,	248
including an emergency contact with a law enforcement agency,	249
hospital or health care provider, fire department, or other	250
similar emergency agency or entity;	251

(2) A person driving a public safety vehicle who uses a	252
handheld electronic wireless communications device in that manner	253
in the course of the person's duties;	254

(3) A person using a handheld electronic wireless	255
communications device in that manner whose motor vehicle is in a	256
stationary position and who is outside a lane of travel;	257

(4) A person reading, selecting, or entering a name or	258
telephone number in a handheld electronic wireless communications	259
device for the purpose of making or receiving a telephone call;	260

(5) A person receiving wireless messages on a device	261
regarding the operation or navigation of a motor vehicle;	262
safety-related information, including emergency, traffic, or	263
weather alerts; or data used primarily by the motor vehicle;	264

(6) A person receiving wireless messages via radio waves;

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(7) A person using a device for navigation purposes;

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(8) A person conducting wireless interpersonal communication	267
with a device that does not require manually entering letters,	268
numbers, or symbols or reading text messages, except to activate,	269
deactivate, or initiate the device or a feature or function of the	270
device;	271

(9) A person operating a commercial truck while using a	272
mobile data terminal that transmits and receives data;	273

(10) A person using a handheld electronic wireless	274
communications device in conjunction with a voice-operated or	275
hands-free device feature or function of the vehicle.	276

(C) Notwithstanding any provision of law to the contrary, no	277
law enforcement officer shall cause an operator of an automobile	278
being operated on any street or highway to stop the automobile for	279
the sole purpose of determining whether a violation of division	280
(A) of this section has been or is being committed or for the sole	281
purpose of issuing a ticket, citation, or summons for a violation	282
of that nature or causing the arrest of or commencing a	283
prosecution of a person for a violation of that nature, and no law	284
enforcement officer shall view the interior or visually inspect	285
any automobile being operated on any street or highway for the	286
sole purpose of determining whether a violation of that nature has	287
been or is being committed.	288

(D) Whoever violates division (A) of this section is guilty	289
of a minor misdemeanor.	290

(E) This section shall not be construed as invalidating,	291
preempting, or superseding a substantially equivalent municipal	292
ordinance that prescribes penalties for violations of that	293
ordinance that are greater than the penalties prescribed in this	294
section for violations of this section.	295

(F) A prosecution for a violation of this section does not	296
preclude a prosecution for a violation of a substantially	297
equivalent municipal ordinance based on the same conduct. However,	298
if an offender is convicted of or pleads guilty to a violation of	299
this section and is also convicted of or pleads guilty to a	300
violation of a substantially equivalent municipal ordinance based	301
on the same conduct, the two offenses are allied offenses of	302
similar import under section 2941.25 of the Revised Code.	303

(G) As used in this section:

304

(1) "Electronic wireless communications device" includes any	305
of the following:	306

(a) A wireless telephone;

307

(b) A text-messaging device;

308

(c) A personal digital assistant;

309

(d) A computer, including a laptop computer and a computer	310
tablet;	311

(e) Any other substantially similar wireless device that is	312
designed or used to communicate text.	313

(2) "Voice-operated or hands-free device" means a device that	314
allows the user to vocally compose or send, or to listen to a	315
text-based communication without the use of either hand except to	316
activate or deactivate a feature or function.	317

(3) "Write, send, or read a text-based communication" means	318
to manually write or send, or read a text-based communication	319
using an electronic wireless communications device, including	320
manually writing or sending, or reading communications referred to	321
as text messages, instant messages, or electronic mail.	322

Sec. 4511.205.  (A) No holder of a temporary instruction	323
permit who has not attained the age of eighteen years and no	324
holder of a probationary driver's license shall drive a motor	325
vehicle on any street, highway, or property used by the public for	326
purposes of vehicular traffic or parking while using in any manner	327
an electronic wireless communications device.	328

(B) Division (A) of this section does not apply to either of	329
the following:	330

(1) A person using an electronic wireless communications	331
device for emergency purposes, including an emergency contact with	332
a law enforcement agency, hospital or health care provider, fire	333
department, or other similar emergency agency or entity;	334

(2) A person using an electronic wireless communications	335
device whose motor vehicle is in a stationary position and the	336
motor vehicle is outside a lane of travel;	337

(3) A person using a navigation device in a voice-operated or	338
hands-free manner who does not manipulate the device while	339
driving.	340

(C)(1) Except as provided in division (C)(2) of this section,	341
whoever violates division (A) of this section shall be fined one	342
hundred fifty dollars. In addition, the court shall impose a class	343
seven suspension of the offender's driver's license or permit for	344
a definite period of sixty days.	345

(2) If the offenderperson previously has been convicted of	346
adjudicated a delinquent child or a juvenile traffic offender for	347
a violation of this section, whoever violates this section shall	348
be fined three hundred dollars. In addition, the court shall	349
impose a class seven suspension of the offender'sperson's	350
driver's license or permit for a definite period of one year.	351

(D) The filing of a sworn complaint against a person for a	352
violation of this section does not preclude the filing of a sworn	353
complaint for a violation of a substantially equivalent municipal	354
ordinance for the same conduct. However, if a person is	355
adjudicated a delinquent child or a juvenile traffic offender for	356
a violation of this section and is also adjudicated a delinquent	357
child or a juvenile traffic offender for a violation of a	358
substantially equivalent municipal ordinance for the same conduct,	359
the two offenses are allied offenses of similar import under	360
section 2941.25 of the Revised Code.	361

(E) As used in this section, "electronic wireless	362
communications device" includes any of the following:	363

(1) A wireless telephone;

364

(2) A personal digital assistant;

365

(3) A computer, including a laptop computer and a computer	366
tablet;	367

(4) A text-messaging device;

368

(5) Any other substantially similar electronic wireless	369
device that is designed or used to communicate via voice, image,	370
or written word.	371

Section 2. That existing sections 1905.01, 4511.204, and	372
4511.205 of the Revised Code are hereby repealed.	373

Section 3. (A) Upon the effective date of this act, within	374
each municipal corporation with a population of two hundred or	375
less, except for any municipal corporation located entirely on an	376
island in Lake Erie, the jurisdiction of the mayor in all civil	377
and criminal causes that otherwise was granted under section	378
1905.01 of the Revised Code prior to the effective date of this	379
act terminates. Upon the effective date of this act, all	380
prosecutions, cases, criminal causes, and other proceedings then	381
pending in a mayor's court of a municipal corporation that has a	382
population of two hundred or less and is not located entirely on	383
an island in Lake Erie shall be transferred to and proceed in the	384
municipal court, county court, or court of common pleas with	385
jurisdiction over the alleged violation that is the basis of the	386
prosecution, case, cause, or proceeding, as if the prosecution,	387
case, cause, or proceeding originally had been instituted in the	388
municipal court, county court, or court of common pleas.	389

(B) Upon the transfer of a prosecution, case, criminal cause,	390
or other proceeding to a municipal court, county court, or court	391
of common pleas under division (A) of this section, the mayor of	392
the municipal corporation before whom the prosecution, case,	393
cause, or proceeding was pending upon the effective date of this	394
act shall transfer to the municipal court, county court, or court	395
of common pleas the pleadings, orders, entries, dockets, bonds,	396
papers, records, books, exhibits, files, moneys, property, and	397
persons that belong to, are in the possession of, or were subject	398
to the jurisdiction of the mayor and that pertain to the	399
transferred prosecution, case, cause, or proceeding.	400