As Passed by the Senate 1 123rd General Assembly 4 Regular Session Am. S. B. No. 244 5 1999-2000 6 SENATORS MUMPER-LATTA-SPADA-DRAKE-WATTS-GARDNER-LATELL 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 A WRITTEN POLICY ESTABLISHING REASONABLE 26 PROCEDURES FOR DETERMINING AND NOTIFYING THE NEXT OF KIN OF ANY 27 PERSON WHO IS FOUND DEAD OR IS PRONOUNCED DEAD AT THE SCENE OF A 29 MOTOR VEHICLE ACCIDENT OR WHO SUFFERS A SERIOUS, LIFE-THREATENING 30 INJURY IN A MOTOR VEHICLE ACCIDENT AND WHO THE INVESTIGATING LAW 31 ENFORCEMENT OFFICER REASONABLY DETERMINES IN ALL PROBABILITY WILL 32 NOT BE ABLE TO NOTIFY THE PERSON'S NEXT OF KIN WITHIN A REASONABLE TIME AFTER THE MOTOR VEHICLE ACCIDENT. 33 AFTER A LAW ENFORCEMENT AGENCY ADOPTS A WRITTEN POLICY AS 35 REQUIRED BY THIS DIVISION, THE LAW ENFORCEMENT OFFICERS EMPLOYED 36 BY THAT AGENCY SHALL MAKE A GOOD FAITH EFFORT TO FOLLOW THE 37 2 PROCEDURES CONTAINED IN THE POLICY. (B) THE NOTIFICATION UNDER THIS SECTION OF THE NEXT OF KIN 39 OF PERSONS WHO ARE KILLED OR INJURED IN MOTOR VEHICLE ACCIDENTS 40 IS HEREBY DEEMED TO BE A GOVERNMENTAL FUNCTION FOR PURPOSES OF 41 CHAPTER 2744. OF THE REVISED CODE.