HB 991

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        1
  to enact section 313.141 of the Revised Code  2
  regarding organ donation and family notification        3
  after a death resulting from a motor vehicle  4
  accident.  5
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
     Section 1. That sections 2108.25, 4501.80, and 4501.81 be  6
amended and section 313.141 of the Revised Code be enacted to  7
read as follows:  8
     Sec. 313.141. (A) A coroner shall make a reasonable  9
effort, including searching the next of kin database developed  10
by the bureau of motor vehicles pursuant to section 4501.81 of  11
the Revised Code, to promptly inform the following next of kin  12
of an individual who died due to a motor vehicle accident of the       13
option to request a private autopsy:  14
     (1) The surviving spouse of the decedent;  15
     (2) If there is no surviving spouse, any child of the  16
decedent over eighteen years of age;  17
     (3) If there is no surviving spouse or child over eighteen        18
years of age, any parent of the decedent;  19
H. B. No. 991  Page 2
As Introduced
       (4) If there is no surviving spouse, child over eighteen  20
years of age, or parent of the decedent, any brother or sister  21
of the decedent, whether of the whole or the half blood.  22
       (B) At the request of a decedent's next of kin, a coroner  23
shall assist the next of kin in facilitating a private autopsy  24
with the appropriate organization.  25
       (C) Next of kin are responsible for the cost of obtaining  26
a private autopsy.  27
       Sec. 2108.25. (A) As used in this section and sections  28
2108.26 to 2108.272 of the Revised Code, "coroner" includes a  29
medical examiner.  30
       (B) A coroner shall cooperate with procurement  31
organizations as described in sections 2108.26 to 2108.271 of  32
the Revised Code to maximize the opportunity to recover  33
anatomical gifts for the purpose of transplantation, therapy,  34
research, or education.  35
       (C) If a decedent's body is under the jurisdiction of a  36
coroner, the individual has been identified as a donor pursuant  37
to section 2108.12 of the Revised Code, and the decedent was not  38
referred to a procurement organization pursuant to section  39
2108.14 of the Revised Code, upon taking possession of the body  40
the coroner shall immediately consult with a procurement  41
organization regarding medical suitability for donation.  42
       (D) A procurement organization consulted by a coroner  43
under this section shall conform to all requirements established  44
for a procurement organization under section 2108.14 of the  45
Revised Code.  46
       Sec. 4501.80. (A) Every law enforcement agency whose law  47
enforcement officers investigate motor vehicle accidents shall  48
H. B. No. 991  Page 3
As Introduced
develop and adopt a written policy establishing reasonable  49
procedures for determining and notifying the next of kin of any  50
person who is found dead or is pronounced dead at the scene of a  51
motor vehicle accident or who suffers a serious, life-  52
threatening injury in a motor vehicle accident and who the  53
investigating law enforcement officer reasonably determines in  54
all probability will not be able to notify the person's next of  55
kin within a reasonable time two hours after the motor vehicle  56
accident.  57
        After a law enforcement agency adopts a written policy as  58
required by this division, the law enforcement officers employed  59
by that agency shall make a good faith effort to follow the  60
procedures contained in the policy.  61
        (B) The notification under this section of the next of kin  62
of persons who are killed or injured in motor vehicle accidents  63
is hereby deemed to be a governmental function for purposes of  64
Chapter 2744. of the Revised Code.  65
        Sec. 4501.81. (A) The bureau of motor vehicles shall  66
establish a database of the next of kin of persons who are  67
issued driver's licenses, commercial driver's licenses,  68
temporary instruction permits, motorcycle operator's licenses  69
and endorsements, and identification cards. Information in the  70
database shall be accessible only to employees of the bureau and  71
, to criminal justice agencies, and to county coroners for  72
purposes of section 313.141 of the Revised Code and is not a  73
public record for purposes of section 149.43 of the Revised  74
Code.  75
        (B) When an individual submits an application to the  76
registrar of motor vehicles or a deputy registrar for a driver's  77
license, commercial driver's license, temporary instruction  78
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As Introduced
permit, motorcycle operator's license or endorsement, or  79
identification card, or renewal of any of them, the individual  80
shall be furnished with a next of kin information form on which  81
the individual may list the name, address, telephone number, and  82
relationship to the individual of at least one contact person  83
whom the individual wishes to be contacted if the individual is  84
involved in a motor vehicle accident or emergency situation and  85
the individual dies or is seriously injured or rendered  86
unconscious and is unable to communicate with the contact  87
person. The contact person may or may not be the next of kin of  88
the applicant, except that if the applicant is under eighteen  89
years of age and is not emancipated, the contact person shall  90
include the parent, guardian, or custodian of the applicant.  91
       The form described in this division shall inform the  92
individual that, after completing the form, the individual may  93
return the form to the registrar or any deputy registrar, each  94
of whom shall accept the form from the individual without  95
payment of any fee. The form also shall contain the mailing  96
address of the bureau, to which the individual may mail the  97
completed form, and also instructions whereby the individual may  98
furnish the information described in this division to the  99
registrar through use of the internet.  100
       (C) The bureau, in accordance with Chapter 119. of the  101
Revised Code, shall adopt rules to implement this section. The  102
rules shall address all of the following:  103
       (1) The methods whereby a person who has submitted the  104
name of a contact person for inclusion in the database may make  105
changes to that entry;  106
       (2) The contents of the next of kin information form;  107
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As Introduced
       (3) Any other aspect of the database or its operation that  108
the registrar determines is necessary in order to implement this  109
section.  110
       (D) In the event of a motor vehicle accident or emergency  111
situation in which a person dies or is seriously injured or  112
rendered unconscious and is unable to communicate with the  113
contact person specified in the database, an employee of a  114
criminal justice agency shall make a good faith effort to notify  115
the contact person of the situation within two hours, but  116
neither the bureau nor the employee nor the criminal justice  117
agency that employs that employee incurs any liability if the  118
employee is not able to make contact with the contact person.  119
       Section 2. That existing sections 2108.25, 4501.80, and  120
4501.81 of the Revised Code are hereby repealed.  121