HB 128 and SB 65 ~ ROW BILL

Overview:

Currently the penalty for a vehicle operator who fails to yield the right of way, fails to assure a clear distance ahead, or fails to obey a marked traffic lane is a minor misdemeanor- a fine up to $150 and/or up to 30 hours of community service. That is true regardless of the severity of the harm, or death, caused to the other roadway users, including vulnerable roadway users such as pedestrians, bicyclists and motorcyclists.

Changes proposed in bill:

· Establish increased penalties for a right-of-way, assured clear distance, or marked lane violation that results in serious physical harm or death to another roadway user. Proposed additional penalties are:

o For a violation resulting in serious physical harm:

§ An additional fine of not more than $500

§ Suspension of the offender’s driving privileges for up to six months

§ An assessment of two, but not more than 4, license points

o For a violation resulting in death:

§ An additional fine of not more than $1,000

§ Suspension of the offender’s driving privileges for up to one year

§ An assessment of two, but not more than six, license points

· Establish a Highway Safety Education Fund within the Ohio Department of Public Safety for educational purposes related to highway safety and fund it with a portion of the additional fines collected ($25 for serious physical harm; $50 for death)

· Establish that citations issued for covered violations that result in serious physical harm or death to another roadway user are non-waivable. This means an offender is not permitted to enter a written plea of guilty and avoid trial, but instead must appear in court to answer the charge.

House of Representatives

Sponsors: Representative Hagan 

Cosponsors: Representatives Harris, Murray, Yuko, Winburn, Luckie 

Committee: Criminal Justice

Chair: Representative Yates (D-33)

Vice Chair: Representative Coley (R- 55)

Members: Representatives Pillich (D-28), DeGeeter (D-15), Garland (D=20), Miller (D-10), Schneider (D-63), Bubp (R-88), Oelslager (R-51), Snitchler (R-50), Uecker (R-66)

Bill movement:

COMMITTEE HEARING (5/27/2009) CONTINUED

COMMITTEE HEARING (5/13/2009) CONTINUED

COMMITTEE HEARING (4/29/2009) CONTINUED

REFERRED TO COMMITTEE (4/14/2009) Criminal Justice

INTRODUCED (4/8/2009)

Senate

Sponsor: Senator Schaffer  (R-31)

Cosponsor: Senator Grendell (R-18)

Committee: Judiciary-Criminal Justice

Chair: Senator Grendell (R-18)

Vice Chair: Senator Hughes (D-05)

Members: Senators Coughlin (R-27), Faber (R-12), Goodman (R-03), Seitz (R-08), Roberts (D-05), Schiavoni (D-33), Smith (D-21)

Bill movement:

REFERRED TO COMMITTEE (3/10/2009) Judiciary-Criminal Justice

INTRODUCED (3/4/2009)

Talking points:

· Vulnerable roadway users, such as pedestrians, bicyclists and motorcyclists pay a significant price for the distracted and inattentive driving behaviors of others.

· Current penalties for covered violations are insufficient to deter future violations.

· Vehicle operators must be held more accountable for their actions.

· It establishes a safety and awareness program funded with a portion of the fines collected only from offenders, not the general public.