BILL NUMBER: AB 957	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 16, 2013

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 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 additionally  permit a copy, reproduction,
or facsimile to be made for deposition discovery in arbitration
proceedings, as specified.   prohibit the dissemination
of a copy, reproduction, or facsimile described above, except as
provided.  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 
 , including identification and  identification
confirmation. The bill would provide that a coroner is not 
personally  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 law,  no 
 a  copy, reproduction, or facsimile of any kind 
shall be made  of 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 ,  shall not be made or disseminated 
except as follows:
   (1) For use in a criminal action or proceeding in this state that
relates to the death of that 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 or dissemination of
a copy, reproduction, or facsimile for use in the field of forensic
pathology, in medical or scientific education or research, or by a
coroner or any law enforcement agency in the United States for
investigative purposes  or   , including
identification and  identification confirmation.
   (c) This section shall apply to a copy, reproduction, or
facsimile, and to a photograph, negative, or print, regardless of
when it was made.
   (d) A coroner is not  personally  liable for monetary
damages in a civil action for any act, or failure to act, in
compliance with this section.