As Introduced

136th General Assembly

Regular Session H. B. No. 991

2025-2026

Representative Stephens

To amend sections 2108.25, 4501.80, and 4501.81 and to enact section 313.141 of the Revised Code regarding organ donation and family notification after a death resulting from a motor vehicle accident.

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

Section 1. That sections 2108.25, 4501.80, and 4501.81 be amended and section 313.141 of the Revised Code be enacted to read as follows:

Sec. 313.141. (A) A coroner shall make a reasonable effort, including searching the next of kin database developed by the bureau of motor vehicles pursuant to section 4501.81 of the Revised Code, to promptly inform the following next of kin of an individual who died due to a motor vehicle accident of the option to request a private autopsy:

(1) The surviving spouse of the decedent;

(2) If there is no surviving spouse, any child of the decedent over eighteen years of age;

(3) If there is no surviving spouse or child over eighteen years of age, any parent of the decedent;

(4) If there is no surviving spouse, child over eighteen years of age, or parent of the decedent, any brother or sister of the decedent, whether of the whole or the half blood.

(B) At the request of a decedent's next of kin, a coroner shall assist the next of kin in facilitating a private autopsy with the appropriate organization.

(C) Next of kin are responsible for the cost of obtaining a private autopsy.

Sec. 2108.25. (A) As used in this section and sections 2108.26 to 2108.272 of the Revised Code, "coroner" includes a medical examiner.

(B) A coroner shall cooperate with procurement organizations as described in sections 2108.26 to 2108.271 of the Revised Code to maximize the opportunity to recover anatomical gifts for the purpose of transplantation, therapy, research, or education.

(C) If a decedent's body is under the jurisdiction of a coroner, the individual has been identified as a donor pursuant to section 2108.12 of the Revised Code, and the decedent was not referred to a procurement organization pursuant to section 2108.14 of the Revised Code, upon taking possession of the body the coroner shall immediately consult with a procurement organization regarding medical suitability for donation.

(D) A procurement organization consulted by a coroner under this section shall conform to all requirements established for a procurement organization under section 2108.14 of the Revised Code.

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 two hours 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.

Sec. 4501.81. (A) The bureau of motor vehicles shall establish a database of the next of kin of persons who are issued driver's licenses, commercial driver's licenses, temporary instruction permits, motorcycle operator's licenses and endorsements, and identification cards. Information in the database shall be accessible only to employees of the bureau and , to criminal justice agencies, and to county coroners for purposes of section 313.141 of the Revised Code and is not a public record for purposes of section 149.43 of the Revised Code.

(B) When an individual submits an application to the registrar of motor vehicles or a deputy registrar for a driver's license, commercial driver's license, temporary instruction permit, motorcycle operator's license or endorsement, or identification card, or renewal of any of them, the individual shall be furnished with a next of kin information form on which the individual may list the name, address, telephone number, and relationship to the individual of at least one contact person whom the individual wishes to be contacted if the individual is involved in a motor vehicle accident or emergency situation and the individual dies or is seriously injured or rendered unconscious and is unable to communicate with the contact person. The contact person may or may not be the next of kin of the applicant, except that if the applicant is under eighteen years of age and is not emancipated, the contact person shall include the parent, guardian, or custodian of the applicant.

The form described in this division shall inform the individual that, after completing the form, the individual may return the form to the registrar or any deputy registrar, each of whom shall accept the form from the individual without payment of any fee. The form also shall contain the mailing address of the bureau, to which the individual may mail the completed form, and also instructions whereby the individual may furnish the information described in this division to the registrar through use of the internet.

(C) The bureau, in accordance with Chapter 119. of the Revised Code, shall adopt rules to implement this section. The rules shall address all of the following:

(1) The methods whereby a person who has submitted the name of a contact person for inclusion in the database may make changes to that entry;

(2) The contents of the next of kin information form;

(3) Any other aspect of the database or its operation that the registrar determines is necessary in order to implement this section.

(D) In the event of a motor vehicle accident or emergency situation in which a person dies or is seriously injured or rendered unconscious and is unable to communicate with the contact person specified in the database, an employee of a criminal justice agency shall make a good faith effort to notify the contact person of the situation within two hours, but neither the bureau nor the employee nor the criminal justice agency that employs that employee incurs any liability if the employee is not able to make contact with the contact person.

Section 2. That existing sections 2108.25, 4501.80, and 4501.81 of the Revised Code are hereby repealed.