BILL NUMBER: AB 957	ENROLLED
	BILL TEXT

	PASSED THE SENATE  JUNE 13, 2013
	PASSED THE ASSEMBLY  JUNE 20, 2013
	AMENDED IN SENATE  JUNE 10, 2013
	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, 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 any act or
omission in compliance with these provisions.


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, a copy, reproduction, or
facsimile of any kind 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.
   (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, 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 omission in compliance with this section.