AB 957, as amended, 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 additionallybegin delete permit a copy, reproduction, or facsimile to be made for deposition discovery in arbitration proceedings, as specified.end deletebegin insert
prohibit the dissemination of a copy, reproduction, or facsimile described above, except as provided.end insert 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 purposesbegin delete orend deletebegin insert, including identification andend insert identification confirmation. The bill would provide that a coroner is notbegin insert personallyend insert 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 129 of the Code of Civil Procedure is
2amended to read:
(a) Notwithstanding any other law,begin delete noend deletebegin insert aend insert copy,
4reproduction, or facsimile of any kindbegin delete shall be madeend delete of a
5photograph, negative, or print, including instant photographs and
6video recordings, of the body, or any portion of the body, of a
7deceased person, taken by or for the coroner at the scene of death
8or in the course of a post mortem examination or autopsy ,begin insert shall
9not be made or disseminatedend insert except as follows:
10(1) For use in a criminal action or proceeding in this state that
11relates to the death of that person.
12(2) As a court of this state permits, by order after good cause
13has been shown and after written notification of the request for
14the court order has been served, at least five days before the order
15is made, upon the district attorney of the county in which the post
16mortem examination or autopsy has been madebegin insert or caused to be
17made end insert.
18(3) For deposition discovery in arbitration proceedings pursuant
19to Section 1283.05.
20(b) This section shall not apply to the making or dissemination
21of a copy, reproduction, or facsimile for use in the field of forensic
22pathology, in medical or scientific education or research, or by a
23coroner or any law enforcement agency in the United States for
24investigative purposesbegin delete orend deletebegin insert, including identification andend insert identification
25confirmation.
26(c) This section shall apply to a copy, reproduction, or facsimile,
27and to a photograph, negative, or print,
regardless of when it was
28made.
29(d) A coroner is notbegin insert personallyend insert liable for monetary damages in
30a civil action for any act, or failure to act, in compliance with this
31section.
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