As Introduced                            1            

123rd General Assembly                                             4            

   Regular Session                                  S. B. No. 244  5            

      1999-2000                                                    6            


                         SENATOR MUMPER                            8            


_________________________________________________________________   10           

                          A   B I L L                                           

             To enact section 4501.80 of the Revised Code to       12           

                require every law enforcement agency whose law     13           

                enforcement officers investigate motor vehicle                  

                accidents to develop and adopt a written policy    14           

                governing the procedures for notifying the next    15           

                of kin of any person who is found dead or is                    

                pronounced dead at the scene of a motor vehicle    16           

                accident or who suffers  a serious,                             

                life-threatening injury in a motor vehicle         17           

                accident.                                                       




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        19           

      Section 1.  That section 4501.80 of the Revised Code be      21           

enacted to read as follows:                                        22           

      Sec. 4501.80.  (A)  EVERY LAW ENFORCEMENT AGENCY WHOSE LAW   24           

ENFORCEMENT OFFICERS INVESTIGATE MOTOR VEHICLE ACCIDENTS SHALL     25           

DEVELOP AND ADOPT, AND, UPON THE ADOPTION, SHALL UTILIZE, A        26           

WRITTEN POLICY GOVERNING THE PROCEDURES FOR NOTIFYING THE NEXT OF  27           

KIN OF ANY PERSON WHO IS FOUND DEAD OR IS PRONOUNCED DEAD AT THE   28           

SCENE OF A MOTOR VEHICLE ACCIDENT OR WHO SUFFERS A SERIOUS,        29           

LIFE-THREATENING INJURY IN A MOTOR VEHICLE ACCIDENT AND WHO THE                 

INVESTIGATING LAW ENFORCEMENT OFFICER REASONABLY DETERMINES IN     30           

ALL PROBABILITY WILL NOT BE ABLE TO NOTIFY THE PERSON'S NEXT OF    31           

KIN WITHIN A REASONABLE TIME AFTER THE MOTOR VEHICLE ACCIDENT.     32           

      (B)  ALL LAW ENFORCEMENT AGENCIES WITHIN A COUNTY THAT ARE   34           

REQUIRED BY DIVISION (A) OF THIS SECTION TO DEVELOP, ADOPT, AND    35           

UTILIZE A WRITTEN POLICY SHALL CONFER PRIOR TO ADOPTING THEIR      36           

                                                          2      


                                                                 
POLICIES AND SHALL MAKE EVERY REASONABLE ATTEMPT TO ENSURE THAT    37           

THE POLICIES THAT ARE ADOPTED ARE CONSISTENT WITH EACH OTHER.      38           

EVERY POLICY SHALL ADDRESS THE PROCEDURE TO BE FOLLOWED IN THE     39           

CASE OF A MOTOR VEHICLE ACCIDENT AT WHICH MORE THAN ONE LAW        40           

ENFORCEMENT AGENCY RESPONDS, TO ENSURE THAT THE NOTIFICATION                    

REQUIRED BY THIS SECTION IS MADE.                                  41           

      (C)  THE NOTIFICATION UNDER THIS SECTION OF THE NEXT OF KIN  43           

OF PERSONS WHO ARE KILLED OR INJURED IN MOTOR VEHICLE ACCIDENTS    44           

IS HEREBY DEEMED TO BE A GOVERNMENTAL FUNCTION FOR PURPOSES OF     45           

CHAPTER 2744. OF THE REVISED CODE.