BILL ANALYSIS Ó
AB 957
Page 1
Date of Hearing: April 9, 2013
ASSEMBLY COMMITTEE ON JUDICIARY
Bob Wieckowski, Chair
AB 957 (Wagner) - As Introduced: February 22, 2013
PROPOSED CONSENT (As Proposed to be Amended)
SUBJECT : POSTMORTEM PHOTOGRAPHS
KEY ISSUE : SHOULD CORONOERS' IMAGES OF DECEASED PERSONS BE
BETTER REGULATED AND LIABILITY CLARIFIED?
FISCAL EFFECT : As currently in print this bill is keyed
non-fiscal.
SYNOPSIS
This non-controversial measure is sponsored the State Coroners
Association to better regulate and clarify liability regarding
reproduction and dissemination of images of deceased persons
taken by or for coroners. These images are naturally quite
private and sensitive and often create strong emotions that can
lead to complaints regarding how the images have been treated.
The bill clarifies that the current prohibition on reproduction
of these images includes dissemination; clarifies that coroners
are among those to whom the prohibition does not apply when the
image is used for investigative purposes to include
identification and identification confirmation; and clarifies
that coroners shall not be personally liable for monetary
damages in a civil action for any act, or failure to act, in
compliance with this section.
SUMMARY : Seeks to better regulate the images of deceased person
taken by or for coroners. Specifically, this bill :
1)Clarifies that the current prohibition on reproduction of
these images includes dissemination.
2)Clarifies that coroners are among those to whom the
prohibition does not apply when the image is used for
investigative purposes to include identification and
identification confirmation.
3)Clarifies that coroners shall not be personally liable for
AB 957
Page 2
monetary damages in a civil action for any act, or failure to
act, in compliance with this section.
4)Makes other non-substantive changes in syntax.
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. (Code of Civil Procedure section
129.)
COMMENTS : The author states: "This 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 state law.
Currently some coroners are being prosecuted even though they
have followed the law."
The bill is sponsored by the California State Coroners
Association (CSCA), which explains:
With the increase in social media and the immediate nature
of posting media and making it available to millions of
people almost instantly, Coroner's are concerned about the
liability of properly released coroner case photos that
subsequently end up on websites or in the public arena for
purposes other than originally intended as a result of
hacking, illegal sales of such photographs or the careless
custody of such photographs by individuals or agencies who
the coroner originally released the photos to pursuant to
CCP 129. These instances have resulted in court cases
brought against coroners, and although it ended in summary
judgment in favor of the department, it cost significant
time, money, and staff resources from the county to address
these legal matters.
Existing law does not appear to impose liability on coroners for
acts taken by another after the lawful release of the images by
the coroner. Nevertheless, the coroners believe the point may
potentially be in doubt, and the bill would therefore appear to
AB 957
Page 3
be an appropriate clarification. The bill would also make clear
that dissemination of images is covered by the law, a point that
is arguably implicit in the prohibition against reproduction but
which it may be helpful to state explicitly.
Author's Clarifying Amendments. In order to better capture the
intent of the measure, the author proposes the following helpful
amendments:
129. (a) Notwithstanding any other law, no copy, reproduction,
or facsimile of any kind shall be made or disseminated 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, 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 to include
identification and or 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.
AB 957
Page 4
REGISTERED SUPPORT / OPPOSITION :
Support
California State Coroners Association
Opposition
None on file
Analysis Prepared by : Kevin G. Baker / JUD. / (916) 319-2334