BILL NUMBER: AB 957	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Wagner

                        FEBRUARY 22, 2013

   An act to amend Section 129 of the Code of Civil Procedure,
relating to courts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 957, as introduced, Wagner. Postmortem photographs.
   Existing law prohibits making a copy, reproduction, or facsimile
of a photograph, negative, or print of the body of a deceased person
taken by, or for, the coroner at the scene of death, or in the course
of a post mortem examination or autopsy, except for use in a
criminal proceeding that relates to the death of that person or by
order of the court for good cause, as specified. This provision does
not apply to making a copy, reproduction, or facsimile for use in the
field of forensic pathology, in medical or scientific education or
research, or by any law enforcement agency.
   This bill would additionally permit a copy, reproduction, or
facsimile to be made for deposition discovery in arbitration
proceedings, as specified. The bill would exclude from application of
this provision the making or dissemination of a copy, reproduction,
or facsimile for use in the field of forensic pathology, in medical
or scientific education or research, and by a coroner or any law
enforcement agency for investigative purposes or identification
confirmation. The bill would provide that a coroner is not liable for
monetary damages in a civil action for any act, or failure to act,
in compliance with these provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 129 of the Code of Civil Procedure is amended
to read:
   129.   (a)    Notwithstanding any other 
provision of  law, no copy, reproduction, or facsimile of
any kind shall be made of  any   a 
photograph, negative, or print, including instant photographs and
video recordings, of the body, or any portion of the body, of a
deceased person, taken by or for the coroner at the scene of death or
in the course of a post mortem examination or autopsy made
by or caused to be made by the coroner, except for   ,
except as follows: 
    (1)     For  use in a criminal action
or proceeding in this state that relates to the death of that
 person, or except as   person. 
    (2)     As  a court of this state
permits, by order after good cause has been shown and after written
notification of the request for the court order has been served, at
least five days before the order is made, upon the district attorney
of the county in which the post mortem examination or autopsy has
been made  or caused to be made  . 
   (3) For deposition discovery in arbitration proceedings pursuant
to Section 1283.05. 
    (b)    This section shall not apply to the
making  of such   or dissemination of  a
copy, reproduction, or facsimile for use in the field of forensic
pathology,  for use  in medical or scientific
education or research, or  for use  by  a
coroner or  any law enforcement agency in  this or any
other state or  the United States  for investigative
purposes or identification confirmation  .
    (c)    This section shall apply to  any
such   a  copy, reproduction, or facsimile, and to
 any such   a  photograph, negative, or
print,  heretofore or hereafter   made
  regardless of when it was made  . 
   (d) A coroner is not liable for monetary damages in a civil action
for any act, or failure to act, in compliance with this section.