As Reported by the Senate Highways and 2 Transportation Committee 2 123rd General Assembly 5 Regular Session S. B. No. 244 6 1999-2000 7 SENATORS MUMPER-LATTA-SPADA 9 _________________________________________________________________ 11 A B I L L To enact section 4501.80 of the Revised Code to 13 require every law enforcement agency whose law 14 enforcement officers investigate motor vehicle accidents to develop and adopt a written policy 15 governing the procedures for notifying the next 16 of kin of any person who is found dead or is pronounced dead at the scene of a motor vehicle 17 accident or who suffers a serious, life-threatening injury in a motor vehicle 18 accident. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20 Section 1. That section 4501.80 of the Revised Code be 22 enacted to read as follows: 23 Sec. 4501.80. (A) EVERY LAW ENFORCEMENT AGENCY WHOSE LAW 25 ENFORCEMENT OFFICERS INVESTIGATE MOTOR VEHICLE ACCIDENTS SHALL 26 DEVELOP AND ADOPT, AND, UPON THE ADOPTION, SHALL UTILIZE, A 27 WRITTEN POLICY GOVERNING THE PROCEDURES FOR NOTIFYING THE NEXT OF 28 KIN OF ANY PERSON WHO IS FOUND DEAD OR IS PRONOUNCED DEAD AT THE 29 SCENE OF A MOTOR VEHICLE ACCIDENT OR WHO SUFFERS A SERIOUS, 30 LIFE-THREATENING INJURY IN A MOTOR VEHICLE ACCIDENT AND WHO THE INVESTIGATING LAW ENFORCEMENT OFFICER REASONABLY DETERMINES IN 31 ALL PROBABILITY WILL NOT BE ABLE TO NOTIFY THE PERSON'S NEXT OF 32 KIN WITHIN A REASONABLE TIME AFTER THE MOTOR VEHICLE ACCIDENT. 33 (B) ALL LAW ENFORCEMENT AGENCIES WITHIN A COUNTY THAT ARE 35 REQUIRED BY DIVISION (A) OF THIS SECTION TO DEVELOP, ADOPT, AND 36 2 UTILIZE A WRITTEN POLICY SHALL CONFER PRIOR TO ADOPTING THEIR 37 POLICIES AND SHALL MAKE EVERY REASONABLE ATTEMPT TO ENSURE THAT 38 THE POLICIES THAT ARE ADOPTED ARE CONSISTENT WITH EACH OTHER. 39 EVERY POLICY SHALL ADDRESS THE PROCEDURE TO BE FOLLOWED IN THE 40 CASE OF A MOTOR VEHICLE ACCIDENT AT WHICH MORE THAN ONE LAW 41 ENFORCEMENT AGENCY RESPONDS, TO ENSURE THAT THE NOTIFICATION REQUIRED BY THIS SECTION IS MADE. 42 (C) THE NOTIFICATION UNDER THIS SECTION OF THE NEXT OF KIN 44 OF PERSONS WHO ARE KILLED OR INJURED IN MOTOR VEHICLE ACCIDENTS 45 IS HEREBY DEEMED TO BE A GOVERNMENTAL FUNCTION FOR PURPOSES OF 46 CHAPTER 2744. OF THE REVISED CODE.