HB 492

(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
Sub. H. B. No. 492  136th G.A.
  2
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.
Sub. H. B. No. 492  136th G.A.
     Speaker ___________________ of the House of Representatives.
  President ___________________ of the Senate.
Passed ________________________, 20____
Approved ________________________, 20____
  Governor.
Sub. H. B. No. 492  136th G.A.
  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 ___________________