BILL ANALYSIS Ó
AB 957
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CONCURRENCE IN SENATE AMENDMENTS
AB 957 (Wagner)
As Amended June 10, 2013
Majority vote
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|ASSEMBLY: |78-0 |(April 22, |SENATE: |37-0 |(June 13, |
| | |2013) | | |2013) |
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Original Committee Reference: JUD.
SUMMARY : Seeks to better regulate the images of a 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
monetary damages in a civil action for any act or omission, in
compliance with this section.
4)Makes other non-substantive changes in syntax.
The Senate amendments are technical and clarifying.
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.
FISCAL EFFECT : None
COMMENTS : According to the author, this bill would provide that
AB 957
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a coroner is not liable for monetary damages in a civil action
for any act or omission in compliance with state law. The
author reports that the need for the bill arises because some
coroners are currently 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 [Code of Civil Procedure] 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
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 may be helpful to state explicitly.
Analysis Prepared by : Kevin G. Baker / JUD. / (916) 319-2334
FN: 0001132