130th Ohio General Assembly
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As Reported by House Transportation and Public Safety Committee

123rd General Assembly
Regular Session
1999-2000
Am. S. B. No. 244

SENATORS MUMPER-LATTA-SPADA-DRAKE-WATTS-GARDNER-LATELL-
REPRESENTATIVES CLANCY-BENDER-DAMSCHRODER-PATTON-METTLER-OLMAN- MEAD-BRITTON


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 A WRITTEN POLICY ESTABLISHING REASONABLE PROCEDURES FOR DETERMINING AND 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.

AFTER A LAW ENFORCEMENT AGENCY ADOPTS A WRITTEN POLICY AS REQUIRED BY THIS DIVISION, THE LAW ENFORCEMENT OFFICERS EMPLOYED BY THAT AGENCY SHALL MAKE A GOOD FAITH EFFORT TO FOLLOW THE PROCEDURES CONTAINED IN THE POLICY.

(B) 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.

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