As Reported by House Transportation and Public Safety Committee 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 REPRESENTATIVES CLANCY-BENDER-DAMSCHRODER-PATTON-METTLER-OLMAN- 9 MEAD-BRITTON 10 _________________________________________________________________ 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 A WRITTEN POLICY ESTABLISHING REASONABLE 27 PROCEDURES FOR DETERMINING AND NOTIFYING THE NEXT OF KIN OF ANY 28 PERSON WHO IS FOUND DEAD OR IS PRONOUNCED DEAD AT THE SCENE OF A 30 MOTOR VEHICLE ACCIDENT OR WHO SUFFERS A SERIOUS, LIFE-THREATENING 31 INJURY IN A MOTOR VEHICLE ACCIDENT AND WHO THE INVESTIGATING LAW 32 ENFORCEMENT OFFICER REASONABLY DETERMINES IN ALL PROBABILITY WILL 33 NOT BE ABLE TO NOTIFY THE PERSON'S NEXT OF KIN WITHIN A REASONABLE TIME AFTER THE MOTOR VEHICLE ACCIDENT. 34 AFTER A LAW ENFORCEMENT AGENCY ADOPTS A WRITTEN POLICY AS 36 2 REQUIRED BY THIS DIVISION, THE LAW ENFORCEMENT OFFICERS EMPLOYED 37 BY THAT AGENCY SHALL MAKE A GOOD FAITH EFFORT TO FOLLOW THE 38 PROCEDURES CONTAINED IN THE POLICY. (B) THE NOTIFICATION UNDER THIS SECTION OF THE NEXT OF KIN 40 OF PERSONS WHO ARE KILLED OR INJURED IN MOTOR VEHICLE ACCIDENTS 41 IS HEREBY DEEMED TO BE A GOVERNMENTAL FUNCTION FOR PURPOSES OF 42 CHAPTER 2744. OF THE REVISED CODE.