Bill Text: OH SB346 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: To increase the penalties for failing to yield the right-of-way to a pedestrian who is crossing a roadway within a crosswalk when the crosswalk is located within a school zone.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2014-06-04 - To Criminal Justice [SB346 Detail]

Download: Ohio-2013-SB346-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

S. B. No. 346

Senator Beagle 

Cosponsors: Senators Manning, Hite, Widener 

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A BILL

To amend section 4511.46 of the Revised Code to

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increase the penalties for failing to yield the

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right-of-way to a pedestrian who is crossing a

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roadway within a crosswalk when the crosswalk is

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located within a school zone.

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

Section 1. That section 4511.46 of the Revised Code be	6
amended to read as follows:	7

Sec. 4511.46.  (A) When traffic control signals are not in	8
place, not in operation, or are not clearly assigning the	9
right-of-way, the driver of a vehicle, trackless trolley, or	10
streetcar shall yield the right of way, slowing down or stopping	11
if need be to so yield or if required by section 4511.132 of the	12
Revised Code, to a pedestrian crossing the roadway within a	13
crosswalk when the pedestrian is upon the half of the roadway upon	14
which the vehicle is traveling, or when the pedestrian is	15
approaching so closely from the opposite half of the roadway as to	16
be in danger	17

(1) No driver of a vehicle, trackless trolley, or streetcar	18
shall fail to yield the right-of-way to a pedestrian, by slowing	19
down or stopping if need be to so yield or if required by section	20
4511.132 of the Revised Code, if both of the following apply:	21

(a) Traffic control signals are not in place, not in	22
operation, or not clearly assigning the right-of-way.	23

(b) The pedestrian is crossing the roadway within a crosswalk	24
when the pedestrian is on the half of the roadway on which the	25
vehicle is traveling, or when the pedestrian is approaching so	26
closely from the opposite half of the roadway so as to be in	27
danger.	28

(2) No driver of a vehicle, trackless trolley, or streetcar	29
shall fail to comply with division (A)(1) of this section if the	30
crosswalk is located within a school zone.	31

(B) No pedestrian shall suddenly leave a curb or other place	32
of safety and walk or run into the path of a vehicle, trackless	33
trolley, or streetcar which is so close as to constitute an	34
immediate hazard.	35

(C) Division (A) of this section does not apply under the	36
conditions stated in division (B) of section 4511.48 of the	37
Revised Code.	38

(D) Whenever any vehicle, trackless trolley, or streetcar is	39
stopped at a marked crosswalk or at any unmarked crosswalk at an	40
intersection to permit a pedestrian to cross the roadway, theno	41
driver of any other vehicle, trackless trolley, or streetcar	42
approaching from the rear shall not overtake and pass the stopped	43
vehicle.	44

(E)(1) Except as otherwise provided in this division (E)(1)	45
of this section, whoever violates division (A)(1), (B), or (D) of	46
this section is guilty of a minor misdemeanor. If, within one year	47
of the offense, the offender previously has been convicted of or	48
pleaded guilty to one predicate motor vehicle or traffic offense,	49
whoever violates this section is guilty of a misdemeanor of the	50
fourth degree. If, within one year of the offense, the offender	51
previously has been convicted of two or more predicate motor	52
vehicle or traffic offenses, whoever violates this section is	53
guilty of a misdemeanor of the third degree.	54

(2) Whoever violates division (A)(2) of this section is	55
guilty of a misdemeanor of the third degree. In addition, if, at	56
the time of the offense, the offender was driving under a	57
suspension imposed under any provision of the Revised Code, the	58
court, in addition to any other sanctions it imposes, shall impose	59
on the offender a class seven suspension of six months of the	60
offender's driver's license, commercial driver's license,	61
temporary instruction permit, probationary license, or nonresident	62
operating privilege.	63

Section 2. That existing section 4511.46 of the Revised Code	64
is hereby repealed.	65