Amendment No. am_136_0977

H. B. No. 132

As Introduced

__________________________ moved to amend as follows:

In line 438, reinsert "or"; delete the first ","; delete ", or (4)"

In line 470, delete "or"

In line 471, delete "(4)"

In line 472, delete "or"

In line 473, delete "(4)"

After line 493, insert:

"(4) Whoever violates division (A)(4) of this section is guilty of vehicular assault and shall be punished as provided in divisions (C)(4)(a), (b), and (c) of this section.

(a) Except as otherwise provided in this division, vehicular assault committed in violation of division (A)(4) of this section is a misdemeanor of the third degree. Vehicular assault committed in violation of division (A)(4) of this section is a misdemeanor of the second degree if, at the time of the offense, the offender was driving under a suspension imposed under Chapter 4510. or any other provision of the Revised Code or if the offender previously has been convicted of or pleaded guilty to a violation of this section or any traffic-related homicide, manslaughter, or assault offense.

(b) In addition to any other sanctions imposed, the court shall impose upon the offender a class four suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(4) of section 4510.02 of the Revised Code or, if the offender previously has been convicted of or pleaded guilty to a violation of this section, any traffic-related homicide, manslaughter, or assault offense, or any traffic-related murder, felonious assault, or attempted murder offense, a class three suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(3) of section 4510.02 of the Revised Code."

In line 494, before "Notwithstanding" insert "(c)"

Delete lines 563 through 639

After line 639, insert:

"Sec. 4508.02. (A)(1) The director of public safety, subject to Chapter 119. of the Revised Code, shall adopt and prescribe such rules concerning the administration and enforcement of this chapter as are necessary to protect the public. The rules shall require an assessment of the holder of a probationary instructor license. The director shall inspect the school facilities and equipment of applicants and licensees and examine applicants for instructor's licenses.

(2) The director shall adopt rules governing online driver education courses that may be completed via the internet to satisfy the classroom instruction under division (C) of this section. The rules shall do all of the following:

(a) Establish standards that an online driver training enterprise must satisfy to be licensed to offer an online driver education course via the internet, including, at a minimum, proven expertise in providing driver education and an acceptable infrastructure capable of providing secure online driver education in accord with advances in internet technology. The rules shall allow an online driver training enterprise to be affiliated with a licensed driver training school offering in-person classroom instruction, but shall not require such an affiliation.

(b) Establish content requirements that an online driver education course must satisfy to be approved as equivalent to twenty-four hours of in-person classroom instruction;

(c) Establish attendance standards, including a maximum number of course hours that may be completed in a twenty-four-hour period;

(d) Allow an enrolled applicant to begin the required eight hours of actual behind-the-wheel instruction upon completing all twenty-four hours of course instruction;

(e) Establish any other requirements necessary to regulate online driver education.

(B) The director shall administer and enforce this chapter.

(C) The rules shall require twenty-four hours of completed in-person classroom instruction or the completion of an approved, equivalent online driver education course offered via the internet by a licensed online driver training enterprise, followed by eight hours of actual behind-the-wheel instruction conducted on public streets and highways of this state for all beginning drivers of noncommercial motor vehicles who are required to complete the training under section 4507.21 of the Revised Code. The rules shall allow beginning drivers of noncommercial motor vehicles to complete the driver education course at any point while holding a valid temporary instruction permit. The rules also shall require the classroom instruction or online driver education course for such drivers to include instruction on both all of the following:

(1) The dangers of driving a motor vehicle while distracted, including while using an electronic wireless communications device, or engaging in any other activity that distracts a driver from the safe and effective operation of a motor vehicle;

(2) The dangers of driving a motor vehicle while under the influence of a controlled substance, prescription medication, or alcohol;

(3) The requirement that a driver of a motor vehicle, upon approaching certain stationary vehicles, either change lanes or proceed with due caution in accordance with section 4511.213 of the Revised Code.

(D) The rules shall state the minimum hours for classroom and behind-the-wheel instruction required for beginning drivers of commercial trucks, commercial cars, buses, and commercial tractors, trailers, and semitrailers.

(E)(1) The department of public safety may charge a fee to each online driver training enterprise in an amount sufficient to pay the actual expenses the department incurs in the regulation of online driver education courses.

(2) The department shall supply to each licensed online driver training enterprise certificates to be used for certifying an applicant's enrollment in an approved online driver education course and a separate certificate to be issued upon successful completion of an approved online driver education course. The certificates shall be numbered serially. The department may charge a fee to each online driver training enterprise per certificate supplied to pay the actual expenses the department incurs in supplying the certificates.

(F) The director shall adopt rules in accordance with Chapter 119. of the Revised Code governing an abbreviated driver training course for adults."

The motion was __________ agreed to.

SYNOPSIS

Vehicular assault in violation of the Move Over Law

R.C. 2903.08; R.C. 4508.02 (technical)

Regarding the newly created offense that prohibits a person from causing serious physical harm with a motor vehicle by failing to comply with the Move Over Law, reconciles the offense's penalties with its vehicular manslaughter counterpart by reducing both of the following:

1. The base penalty from a first degree misdemeanor to a third degree misdemeanor (the corresponding vehicular manslaughter penalty is a second degree misdemeanor);

2. The enhanced penalty from a fourth degree felony to a second degree misdemeanor (the corresponding vehicular manslaughter penalty is a first degree misdemeanor).

Makes a technical change to update R.C. 4508.02 of the Revised Code to its most recent version, which was amended by H.B. 96 of the 136th General Assembly.