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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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