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hb492_05_EN
(136th General Assembly)
(Substitute
House Bill Number 492)
AN
ACT
To amend section 4513.36 of
the Revised Code to expand the prohibition against interfering with
arrest to all motor vehicle-related laws and require drivers and
passengers to disclose their name, address, and date of birth to a
peace officer on request.
Be
it enacted by the General Assembly of the State of Ohio:
Section
1.
That
section 4513.36 of the Revised Code be amended to read as follows:
Sec.
4513.36.
(A)
As
used in this section, "peace officer" has the same meaning
as in section 2935.01 of the Revised Code.
(B)
No
person shall resist, hinder, obstruct, or abuse any
sheriff,
constable, or other official
peace
officer
while
that
official
peace
officer
is
attempting to arrest
offenders
under
an
offender for a violation of
any
provision
of sections 4511.01 to 4511.78, 4511.99, and 4513.01 to 4513.37
section
contained in Title XLV of the Revised Code or a violation of a
municipal ordinance that is substantially equivalent to any section
contained in Title XLV
of
the Revised Code.
No
person shall interfere with any person charged under any provision of
any of those sections with the enforcement of the law relative to
public highways.
(B)
(C)(1)(a)
No operator of a motor vehicle, streetcar, trackless trolley,
motorcycle, under-speed vehicle, motorized bicycle or moped,
motor-driven cycle or motor scooter, all-purpose vehicle, utility
vehicle, mini-truck, snowmobile, watercraft, or aircraft shall refuse
to disclose the operator's name, address, or date of birth when
requested by a peace officer who reasonably suspects that the
operator has committed a violation of any section contained in Title
XLV of the Revised Code or a violation of a municipal ordinance that
is substantially equivalent to any section contained in Title XLV of
the Revised Code.
(b)
No passenger of a motor vehicle, streetcar, trackless trolley,
motorcycle, under-speed vehicle, motorized bicycle or moped,
motor-driven cycle or motor scooter, all-purpose vehicle, utility
vehicle, mini-truck, snowmobile, watercraft, or aircraft shall refuse
to disclose the passenger's name, address, or date of birth when
requested by a peace officer who reasonably suspects that the
passenger has committed a violation of any section contained in Title
XLV of the Revised Code or a violation of a municipal ordinance that
is substantially equivalent to any section contained in Title XLV of
the Revised Code.
(2)
Nothing in division (C)(1) of this section requires an operator or a
passenger to answer any questions beyond that operator's or
passenger's name, address, or date of birth.
(3)
It is not a violation of division (C)(1) of this section for an
operator or passenger to refuse to answer a question that would
reveal that operator's or passenger's age or date of birth if age is
an element of the crime that the operator or passenger is suspected
of committing.
(D)(1)
Whoever
violates
division
(B) of
this
section is guilty of a
minor
misdemeanor
of the second degree
.
(2)
Whoever violates division (C)(1) of this section is guilty of a
misdemeanor of the fourth degree.
Section
2.
That
existing section 4513.36 of the Revised Code is hereby repealed.
Speaker
___________________ of the House of Representatives.
President
___________________ of the Senate.
Passed
________________________, 20____
Approved
________________________, 20____
Governor.
The section numbering of law
of a general and permanent nature is complete and in conformity with
the Revised Code.
Director, Legislative
Service Commission.
Filed
in the office of the Secretary of State at Columbus, Ohio, on the
____ day of ___________, A. D. 20____.
Secretary of State.
File
No. _________ Effective Date ___________________