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 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, including identification and identification confirmation. The bill would provide that a coroner is not personally liable for monetary damages in a civil action for anybegin delete act, or failure to act,end deletebegin insert act or omissionend insert 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, a copy, reproduction,
4or facsimile of any kind of a photograph, negative, or print,
5including instant photographs and video recordings, of the body,
6or any portion of the body, of a deceased person, taken by or for
7the coroner at the scene of death or in the course of a post mortem
8examination or autopsy, shall not be made or disseminated except
9as 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 made or caused to be
17made.
18(b) This section shall not apply to the making or dissemination
19of a copy, reproduction, or facsimile for use in the field of forensic
20pathology, in medical or scientific education or research, or by a
21coroner or any law enforcement agency in the United States for
22investigative purposes, including identification and identification
23confirmation.
24(c) This section shall apply to a copy, reproduction, or facsimile,
25and to a photograph, negative, or print, regardless of when it was
26made.
27(d) A coroner is not personally liable for monetary damages in
28a civil action for anybegin delete act, or failure to act,end deletebegin insert
act or omissionend insert in
29compliance with this section.
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