Ohio bill would increase penalties for fleeing from police, stunt driving

COLUMBUS, Ohio (WCMH) – A bill making its way through the Ohio legislature would increase penalties for both fleeing from police and participating in stunt driving. 

House Bill 56, sponsored by Reps. Andrea White (R-Kettering) and Phil Plummer (R-Dayton), passed the House with bipartisan support in December and is going through the Senate. 

Under the legislation, activities such as donuts, burnouts, drifting, wheelies and tire-squealing, as well as allowing a passenger to ride partially or fully outside of a vehicle, would be classified as “stunt driving” and subject to enhanced penalties. 

The bill would classify stunt driving as a first-degree misdemeanor, and anyone found guilty of participating would have their license suspended for at least 30 days and up to three years. Any car involved in the act would be subject to seizure and forfeiture. The bill also states anyone rendering assistance to street racing, stunt driving or street takeover would be equally charged as participants.

“When you have situations where communities have several hundred people gathering at intersections, and multiple cars doing very dangerous stunt driving in the center of major intersections, and then all of the sudden multiple parties fleeing police, people are getting hurt, lives are being lost, property damaged,” White said. 

White said the legislature was approached by local law enforcement, prosecutors and elected leaders wanting to take action against reckless driving, which she said the state is seeing an increased frequency of. 

“In Montgomery County, separate from recent hooning incidents, there have been at least five recent incidents where people have been fleeing from police that have resulted in serious injury or death and so our local communities are asking for more tools,” White said. 

The bill would also make fleeing from the police a fourth-degree felony; it is currently a first-degree misdemeanor. 

“Typically, fifth-degree felons don’t go to prison -- they get probation -- so we try to take it to fourth-degree, where we may get some prison time out of the judge," Plummer said. "We've got to draw the line in the sand and tell these people, if you run from the police and put people at risk, we’re going to hold you accountable. There’s going to be a consequence.”  

If there is serious physical injury to a person or property, the charge would become a third-degree felony. 

“Just last summer in Englewood, next to me in my district, there was a police chase, and they killed an elderly lady who was just walking down the sidewalk, getting her exercise, so that’s the kind of stuff we’re trying to eliminate,” Plummer said. 

The bill would also mandate that police departments have a written pursuit policy. The bill does not specify what must be in the policy, but that departments must consider best practice recommendations from the Ohio Collaborative Community-Police Advisory Board or a similar law enforcement accrediting entity. All officers in a given department must be trained from that department’s policy.

“We’re going to try to hold the police accountable, at least give them the tools they need, but definitely hold the criminals accountable,” Plummer said. 

The bill has two more hearings in the Senate; if passed, it will head to the governor’s desk.