As Passed by the House 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-A. CORE-TIBERI-SALERNO-SCHULER-TERWILLEGER- 10 WILSON-REDFERN-HARRIS-METZGER-VERICH-WIDENER-ROBINSON- 11 WINKLER-O'BRIEN-GARDNER-MYERS-BARRETT-AUSTRIA-KRUPINSKI- 12 PERRY-BOYD-BRADING 13 _________________________________________________________________ 14 A B I L L To enact section 4501.80 of the Revised Code to 16 require every law enforcement agency whose law 17 enforcement officers investigate motor vehicle accidents to develop and adopt a written policy 18 governing the procedures for notifying the next 19 of kin of any person who is found dead or is pronounced dead at the scene of a motor vehicle 20 accident or who suffers a serious, life-threatening injury in a motor vehicle 21 accident. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 23 Section 1. That section 4501.80 of the Revised Code be 25 enacted to read as follows: 26 Sec. 4501.80. (A) EVERY LAW ENFORCEMENT AGENCY WHOSE LAW 28 ENFORCEMENT OFFICERS INVESTIGATE MOTOR VEHICLE ACCIDENTS SHALL 29 DEVELOP AND ADOPT A WRITTEN POLICY ESTABLISHING REASONABLE 30 PROCEDURES FOR DETERMINING AND NOTIFYING THE NEXT OF KIN OF ANY 31 PERSON WHO IS FOUND DEAD OR IS PRONOUNCED DEAD AT THE SCENE OF A 33 MOTOR VEHICLE ACCIDENT OR WHO SUFFERS A SERIOUS, LIFE-THREATENING 34 INJURY IN A MOTOR VEHICLE ACCIDENT AND WHO THE INVESTIGATING LAW 35 ENFORCEMENT OFFICER REASONABLY DETERMINES IN ALL PROBABILITY WILL 36 2 NOT BE ABLE TO NOTIFY THE PERSON'S NEXT OF KIN WITHIN A REASONABLE TIME AFTER THE MOTOR VEHICLE ACCIDENT. 37 AFTER A LAW ENFORCEMENT AGENCY ADOPTS A WRITTEN POLICY AS 39 REQUIRED BY THIS DIVISION, THE LAW ENFORCEMENT OFFICERS EMPLOYED 40 BY THAT AGENCY SHALL MAKE A GOOD FAITH EFFORT TO FOLLOW THE 41 PROCEDURES CONTAINED IN THE POLICY. (B) 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.