As Introduced

135th General Assembly

Regular Session H. B. No. 56

2023-2024

A BILL

To amend sections 2921.331, 2935.031, and 2981.02 and to enact sections 4511.253 and 4511.254 of the Revised Code to increase penalties for fleeing from law enforcement, to require law enforcement entities to have a policy governing the pursuit of a motor vehicle, and to prohibit hooning and being a spectator at a hooning event.

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

Section 1. That sections 2921.331, 2935.031, and 2981.02 be amended and sections 4511.253 and 4511.254 of the Revised Code be enacted to read as follows:

Sec. 2921.331. (A) No person shall fail to comply with any lawful order or direction of any police officer invested with authority to direct, control, or regulate traffic.

(B) No person shall operate a motor vehicle so as willfully to elude or flee a police officer after receiving a visible or audible signal from a police officer to bring the person's motor vehicle to a stop.

(C)(1) Whoever violates this section is guilty of failure to comply with an order or signal of a police officer.

(2) A violation of division (A) of this section is a misdemeanor of the first degree.

(3) Except as provided in divisions (C)(4) and (5) of this section, a violation of division (B) of this section is a ~~misdemeanor~~ felony of the ~~first~~ fourth degree.

(4) ~~Except as provided in division (C)(5) of this section, a~~ A violation of division (B) of this section is a felony of the ~~fourth~~ third degree if the jury or judge as trier of fact finds by proof beyond a reasonable doubt that, in committing the offense, the offender was fleeing immediately after the commission of a felony.

(5)(a) A violation of division (B) of this section is a felony of the third degree if the jury or judge as trier of fact finds any of the following by proof beyond a reasonable doubt:

(i) The operation of the motor vehicle by the offender was a proximate cause of serious physical harm to persons or property.

(ii) The operation of the motor vehicle by the offender caused a substantial risk of serious physical harm to persons or property.

(b) If a police officer pursues an offender who is violating division (B) of this section and division (C)(5)(a) of this section applies, the sentencing court, in determining the seriousness of an offender's conduct for purposes of sentencing the offender for a violation of division (B) of this section, shall consider, along with the factors set forth in sections 2929.12 and 2929.13 of the Revised Code that are required to be considered, all of the following:

(i) The duration of the pursuit;

(ii) The distance of the pursuit;

(iii) The rate of speed at which the offender operated the motor vehicle during the pursuit;

(iv) Whether the offender failed to stop for traffic lights or stop signs during the pursuit;

(v) The number of traffic lights or stop signs for which the offender failed to stop during the pursuit;

(vi) Whether the offender operated the motor vehicle during the pursuit without lighted lights during a time when lighted lights are required;

(vii) Whether the offender committed a moving violation during the pursuit;

(viii) The number of moving violations the offender committed during the pursuit;

(ix) Any other relevant factors indicating that the offender's conduct is more serious than conduct normally constituting the offense.

(D) If an offender is sentenced ~~pursuant to division (C)(4) or (5) of this section for a violation of division (B) of this section, and if the offender is sentenced~~ to a prison term for ~~that~~ a violation of division (B) of this section, the offender shall serve the prison term consecutively to any other prison term or mandatory prison term imposed upon the offender.

(E) In addition to any other sanction imposed for a ~~felony~~ violation of division (B) of this section, the court shall impose a class two suspension from the range specified in division (A)(2) of section 4510.02 of the Revised Code. In addition to any other sanction imposed for a violation of division (A) of this section ~~or a misdemeanor violation of division (B) of this section~~, the court shall impose a class five suspension from the range specified in division (A)(5) of section 4510.02 of the Revised Code. If the offender previously has been found guilty of an offense under this section, in addition to any other sanction imposed for the offense, the court shall impose a class one suspension as described in division (A)(1) of that section. The court shall not grant limited driving privileges to the offender on a suspension imposed for a felony violation of this section. The court may grant limited driving privileges to the offender on a suspension imposed for a misdemeanor violation of this section as set forth in section 4510.021 of the Revised Code. No judge shall suspend the first three years of suspension under a class two suspension of an offender's license, permit, or privilege required by this division on or any portion of the suspension under a class one suspension of an offender's license, permit, or privilege required by this division.

(F) As used in this section:

(1) "Moving violation" has the same meaning as in section 2743.70 of the Revised Code.

(2) "Police officer" has the same meaning as in section 4511.01 of the Revised Code.

Sec. 2935.031. ~~Any~~ (A) As used in this section, "law enforcement entity" means an agency, instrumentality, or political subdivision of the state that employs a sheriff, deputy sheriff, constable, marshal, deputy marshal, police officer, member of a metropolitan housing authority police force, state university law enforcement officer, or veterans' home police officer with arrest authority under section 2935.03 of the Revised Code or that employs other persons with arrest authority under the Revised Code,.

(B) Each law enforcement entity shall adopt a written policy for the pursuit in a motor vehicle of any person who violates a law of this state or an ordinance of a municipal corporation. Subject to division (D) of this section, not later than one hundred twenty days after the effective date of this amendment, each law enforcement entity also shall adopt a written policy that governs the pursuit of a motor vehicle. A policy adopted on or after the effective date of this section for the pursuit of a motor vehicle shall comply with division (C) of this section. The chief law enforcement officer or other chief official of the ~~agency, instrumentality, or political subdivision~~ law enforcement entity shall formally advise each peace officer or other person with arrest authority it the entity employs of ~~the~~ each pursuit policy adopted by that ~~agency, instrumentality, or political subdivision~~ entity pursuant to this section.

(C) Each policy adopted by a law enforcement entity under this section on or after the effective date of this amendment that governs the pursuit of a motor vehicle shall include, at a minimum, all of the following with respect to such pursuits:

(1) A definition of a motor vehicle pursuit;

(2) A definition of the criteria under which a motor vehicle pursuit may be initiated;

(3) A requirement that the circumstances of the situation, including the seriousness of the alleged offense, the conditions of the road and location of the pursuit, the time of day, and the weather conditions, be evaluated before undertaking a motor vehicle pursuit;

(4) A provision that prohibits or discourages motor vehicle pursuits when the suspect is known to the officers or easily identifiable, unless the officers have probable cause to believe the suspect's escape poses a significant threat of death or serious physical injury to officers or others;

(5) A description of the responsibilities of the unit initiating a motor vehicle pursuit and secondary units;

(6) A specification of the roles and restrictions pertinent to marked, unmarked, or other types of police vehicles involved in a motor vehicle pursuit;

(7) The provision of communication protocols addressing responsibilities for officers and telecommunicators with respect to a motor vehicle pursuit;

(8) A description of supervisors' responsibilities regarding a motor vehicle pursuit;

(9) A specification of when and who has the authority to terminate a motor vehicle pursuit;

(10) A provision addressing the engagement in inter-jurisdictional and intra-jurisdictional motor vehicle pursuits involving personnel from the entity and one or more other jurisdictions;

(11) A requirement that the entity provide training to officers prior to the utilization of motor vehicle pursuit termination tactics and intervention techniques, including a PIT maneuver, tire deflation devices, or a road block;

(12) A requirement for a written report and an administrative review of each motor vehicle pursuit;

(13) A requirement for the conduct of a documented annual analysis of motor vehicle pursuit reports, to include a review of policy and reporting procedures, approved by the head of the entity.

(D) If, on the effective date of this amendment, a law enforcement entity has in effect a policy that governs the pursuit of a motor vehicle and that includes all of the definitions, requirements, provisions, descriptions, and specifications described in divisions (C)(1) to (13) of this section, the entity is not required, on or after the effective date of this amendment, to adopt a new policy under division (B) of this section that governs the pursuit of a motor vehicle, while that existing policy remains in use. If, on the effective date of this amendment, an entity has in effect such a policy, the entity shall not end the use of that policy until after it adopts a new policy that governs the pursuit of a motor vehicle and that includes all of the definitions, requirements, provisions, descriptions, and specifications described in divisions (C)(1) to (13) of this section.

Sec. 2981.02. (A)(1) The following property is subject to forfeiture to the state or a political subdivision under either the criminal or delinquency process in section 2981.04 of the Revised Code or the civil process in section 2981.05 of the Revised Code:

(a) Contraband involved in an offense;

(b) Proceeds derived from or acquired through the commission of an offense;

(c) An instrumentality that is used in or intended to be used in the commission or facilitation of any of the following offenses when the use or intended use, consistent with division (B) of this section, is sufficient to warrant forfeiture under this chapter:

(i) A felony;

(ii) A misdemeanor, when forfeiture is specifically authorized by a section of the Revised Code or by a municipal ordinance that creates the offense or sets forth its penalties;

(iii) An attempt to commit, complicity in committing, or a conspiracy to commit an offense of the type described in divisions (A)(3)(a) and (b) of this section.

(2) In determining whether an alleged instrumentality was used in or was intended to be used in the commission or facilitation of an offense or an attempt, complicity, or conspiracy to commit an offense in a manner sufficient to warrant its forfeiture, the trier of fact shall consider the following factors the trier of fact determines are relevant:

(a) Whether the offense could not have been committed or attempted but for the presence of the instrumentality;

(b) Whether the primary purpose in using the instrumentality was to commit or attempt to commit the offense;

(B) The property described in division (F)(2) of section 2917.211 of the Revised Code is subject to forfeiture under the criminal or delinquency process in section 2981.04 of the Revised Code, if the forfeiture is ordered by the court imposing sentence or an order of disposition.

(C) ~~This~~ Except as provided by section 4511.253 of the Revised Code, this chapter does not apply to or limit forfeitures under Title XLV of the Revised Code, including forfeitures relating to section 2903.06 or 2903.08 of the Revised Code.

Sec. 4511.253. (A) As used in sections 4511.253 and 4511.254 of the Revised Code:

(1) "Hooning" means operating a motor vehicle in a reckless or dangerous manner to provoke a reaction from spectators by speeding; street racing; performing doughnuts, burnouts, drifting, rapid acceleration, squealing tires, or engine revving; or allowing passengers to ride partially or fully outside of the motor vehicle.

(2) "Instrumentality" has the same meaning as in section 2981.01 of the Revised Code.

(3) "Participate" means to be either the operator or passenger of a motor vehicle.

(4) "Spectator" means an individual who is present at a location for the purpose of watching another individual hooning or assisting in the logistics of a hooning event.

(B)(1) Except as provided in division (D) of this section, no person shall participate in hooning upon any public road, street, or highway in this state.

(2) Except as provided in division (E) of this section, no person shall participate in hooning upon any private property that is open to the general public.

(C)(1) Whoever violates division (B) of this section is guilty of hooning, a misdemeanor of the first degree.

(2) An offender who operated the vehicle that was involved in the offense shall provide the court with proof of financial responsibility, as defined in section 4509.01 of the Revised Code, for that vehicle. If that offender fails to provide proof of financial responsibility, in addition to any other penalties provided by law, the court may order restitution pursuant to section 2929.28 of the Revised Code in an appropriate amount for any economic loss arising from an accident or collision that was the direct and proximate result of the offense for which the offender is sentenced under this section.

(3) In addition to any other penalties provided by law, the court shall impose a class five 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)(5) of section 4510.02 of the Revised Code.

(4) A motor vehicle used in a violation of division (B) of this section is contraband, and is an instrumentality, that is subject to seizure and forfeiture under Chapter 2981. of the Revised Code.

(D) Division (B)(1) of this section does not apply to a participant of a motor vehicle race or motor vehicle show when all of the following apply:

(1) The race or show is sponsored by a recognized, responsible organization.

(2) The race or show is authorized by the applicable political subdivision or state entity with jurisdiction over the location of the race or show.

(3) The participant is operating or displaying the motor vehicle within the parameters of the authorization for the race or show.

(E) Division (B)(2) of this section does not apply to a participant of a motor vehicle race or motor vehicle show when all of the following apply:

(1) The race or show is sponsored by a recognized, responsible organization.

(2) The race or show is authorized by the written consent of the owner, operator, or agent thereof of the private property on which the race or show is conducted.

(3) The participant is operating or displaying the motor vehicle within the parameters of the authorization for the race or show.

(F) The offense established under this section is a strict liability offense and section 2901.20 of the Revised Code does not apply. The designation of this offense as a strict liability offense shall not be construed to imply that any other offense, for which there is no specified degree of culpability, is not a strict liability offense.

Sec. 4511.254. (A)(1) Except as provided in division (D) of this section, no person shall be a spectator at a hooning event upon or alongside any public road, street, or highway in this state.

(2) Except as provided in division (E) of this section, no person shall be a spectator at a hooning event upon or alongside any private property that is open to the general public.

(B) Whoever violates this section is guilty of hooning complicity, an unclassified misdemeanor.

(C) The offender shall be sentenced pursuant to sections 2929.21 to 2929.28 of the Revised Code, except that the offender shall not be sentenced to a jail term; shall not be sentenced to a community residential sanction pursuant to section 2929.26 of the Revised Code; and, notwithstanding division (A)(2)(a) of section 2929.28 of the Revised Code, the offender may be fined up to one thousand dollars.

(D) Division (A)(1) of this section does not apply to a spectator at a motor vehicle race or motor vehicle show when both of the following apply:

(1) The race or show is sponsored by a recognized, responsible organization.

(2) The race or show is authorized by the applicable political subdivision or state entity with jurisdiction over the location of the race or show.

(E) Division (A)(2) of this section does not apply to a spectator of a motor vehicle race or motor vehicle show when both of the following apply:

(1) The race or show is sponsored by a recognized, responsible organization.

(2) The race or show is authorized by the written consent of the owner, operator, or agent thereof of the private property on which the race or show is conducted.

Section 2. That existing sections 2921.331, 2935.031, and 2981.02 of the Revised Code are hereby repealed.