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SB 244
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As Reported by the Senate Highways and
Transportation Committee

123rd General Assembly
Regular Session
1999-2000

S. B. No. 244

SENATORS MUMPER-LATTA-SPADA

A BILL

To enact section 4501.80 of the Revised Code to require every law enforcement agency whose law enforcement officers investigate motor vehicle accidents to develop and adopt a written policy governing the procedures for notifying the next of kin of any person who is found dead or is pronounced dead at the scene of a motor vehicle accident or who suffers a serious, life-threatening injury in a motor vehicle accident.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 4501.80 of the Revised Code be enacted to read as follows:

Sec. 4501.80. (A) EVERY LAW ENFORCEMENT AGENCY WHOSE LAW ENFORCEMENT OFFICERS INVESTIGATE MOTOR VEHICLE ACCIDENTS SHALL DEVELOP AND ADOPT, AND, UPON THE ADOPTION, SHALL UTILIZE, A WRITTEN POLICY GOVERNING THE PROCEDURES FOR NOTIFYING THE NEXT OF KIN OF ANY PERSON WHO IS FOUND DEAD OR IS PRONOUNCED DEAD AT THE SCENE OF A MOTOR VEHICLE ACCIDENT OR WHO SUFFERS A SERIOUS, LIFE-THREATENING INJURY IN A MOTOR VEHICLE ACCIDENT AND WHO THE INVESTIGATING LAW ENFORCEMENT OFFICER REASONABLY DETERMINES IN ALL PROBABILITY WILL NOT BE ABLE TO NOTIFY THE PERSON'S NEXT OF KIN WITHIN A REASONABLE TIME AFTER THE MOTOR VEHICLE ACCIDENT.

(B) ALL LAW ENFORCEMENT AGENCIES WITHIN A COUNTY THAT ARE REQUIRED BY DIVISION (A) OF THIS SECTION TO DEVELOP, ADOPT, AND UTILIZE A WRITTEN POLICY SHALL CONFER PRIOR TO ADOPTING THEIR POLICIES AND SHALL MAKE EVERY REASONABLE ATTEMPT TO ENSURE THAT THE POLICIES THAT ARE ADOPTED ARE CONSISTENT WITH EACH OTHER. EVERY POLICY SHALL ADDRESS THE PROCEDURE TO BE FOLLOWED IN THE CASE OF A MOTOR VEHICLE ACCIDENT AT WHICH MORE THAN ONE LAW ENFORCEMENT AGENCY RESPONDS, TO ENSURE THAT THE NOTIFICATION REQUIRED BY THIS SECTION IS MADE.

(C) THE NOTIFICATION UNDER THIS SECTION OF THE NEXT OF KIN OF PERSONS WHO ARE KILLED OR INJURED IN MOTOR VEHICLE ACCIDENTS IS HEREBY DEEMED TO BE A GOVERNMENTAL FUNCTION FOR PURPOSES OF CHAPTER 2744. of the Revised Code.