2006 Ohio Revised Code - [2921.33.1] 2921.331.Failure to comply with order or signal of police officer.

[§ 2921.33.1] § 2921.331. Failure to comply with order or signal of police officer.
 

(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 of the first degree. 

(4) Except as provided in division (C) (5) of this section, a violation of division (B) of this section is a felony of the fourth 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 violation, 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 violation 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. If the offender previously has been found guilty of an offense under this section, 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. 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 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. 
 

HISTORY: GC § 6307-3; 119 v 766, § 3; Bureau of Code Revision, RC § 4511.02, 10-1-53; 132 v H 380 (Eff 1-1-68); 137 v S 381 (Eff 10-19-78); RC § 2921.33.1, 143 v S 49 (Eff 11-3-89); 148 v H 29. Eff 10-29-99; 149 v S 123, § 1, eff. 1-1-04.
 

The effective date is set by section 4 of S.B. 123. 

The provisions of § 5 of S.B. 123 (149 v  - ), as amended by § 3 of H.B. 163 (150 v  - ), read as follows: 

SECTION 5. (A) Notwithstanding division (B) of section 1.58 of the Revised Code, the provisions of the Revised Code amended or enacted in Sections 1 and 2 of Am. Sub. S.B. 123 of the 124th General Assembly shall apply only in relation to conduct and offenses committed on or after January 1, 2004. Conduct and offenses committed prior to January 1, 2004, shall be governed by the law in effect on the date the conduct or offense was committed. * * * 

 

Effect of Amendments

S.B. 123, Acts 2002, effective January 1, 2004, inserted present (E) and redesignated former (E) as (F).