California Legislature—2013–14 Regular Session

Assembly BillNo. 345


Introduced by Assembly Member Pan

February 13, 2013


An act to amend Section 27472 of the Government Code, relating to local government.

LEGISLATIVE COUNSEL’S DIGEST

AB 345, as introduced, Pan. Counties: coroners.

Existing law authorizes a coroner, upon authorization by the county board of supervisors, to charge and collect the actual expense incurred by the coroner in removing the body from the place of death and keeping the body until its release, from the person entitled to control the disposition of the remains, as specified. Existing law prohibits the charge in cases in which the coroner ascribes the death to the criminal act of another, unless the coroner has reasonable grounds to believe that the deceased was involved in any criminal activity that contributed to his or her own death.

This bill would instead prohibit the charge in cases in which the law enforcement agency investigating the death ascribes the death to the criminal act of another, unless the law enforcement agency investigating the death has reasonable grounds to believe that the deceased was involved in any criminal activity that contributed to his or her own death.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 27472 of the Government Code is
2amended to read:

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27472.  

If authorized by the county board of supervisors by
4ordinance, the coroner, whenever he or she takes custody of a dead
5body pursuant to law, may charge and collect from the person
6entitled to control the disposition of the remains, as specified in
7Section 7100 of the Health and Safety Code, the actual expense
8incurred by the coroner in removing the body from the place of
9death and keeping the body until its release to the person
10responsible for its interment. The charge shall not exceed one
11hundred dollars ($100),begin insert andend insert shall not be imposed upon a person
12who claims and proves to be indigent,begin delete orend delete in cases in which the
13body is that of a child not more than 14 years of agebegin insert,end insert or in cases
14in which thebegin delete coronerend deletebegin insert law enforcement agency investigating the
15deathend insert
ascribes the death to the criminal act of another unless the
16begin delete coronerend deletebegin insert law enforcement agency investigating the deathend insert has
17reasonable grounds to believe that the deceased was involved in
18any criminal activitybegin delete whichend deletebegin insert thatend insert contributed to his or her own
19death. The charge shall not include expenses of keeping the body
20during the time necessary for the coroner to perform his or her
21duties in connection with it. The charge, if not paid, may be
22considered a part of the funeral expenses and paid as a preferred
23charge against the estate of the decedent.



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