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.