BILL NUMBER: AB 2029	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Cooley

                        FEBRUARY 20, 2014

   An act to amend Section 27491.41 of the Government Code, relating
to inquests.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2029, as introduced, Cooley. Inquests: sudden infant death
syndrome.
   Existing law states that the Legislature finds and declares that
sudden infant death syndrome (SIDS), as defined, is the leading cause
of death for children under age one. The coroner is required to,
among other things, perform an autopsy, within 24 hours or as soon
thereafter as feasible, in any case where an infant has died suddenly
and unexpectedly.
   This bill would make technical, nonsubstantive changes to those
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 27491.41 of the Government Code is amended to
read:
   27491.41.  (a) For purposes of this section, "sudden infant death
syndrome" means the sudden death of any infant that is unexpected by
the history of the infant and where a thorough postmortem examination
fails to demonstrate an adequate cause of death.
   (b) The Legislature finds and declares that sudden infant death
syndrome (SIDS) is the leading cause of death for children under age
one, striking one out of every 500 children. The Legislature finds
and declares that sudden infant death syndrome is a serious problem
within the State of California, and that public interest is served by
research and study of sudden infant death syndrome, and its
potential causes and indications.
   (c) (1) To facilitate these purposes, the coroner shall, within 24
hours  ,  or as soon thereafter as feasible,
perform an autopsy in any case where an infant has died suddenly and
unexpectedly.
   (2) However, if the attending physician desires to certify that
the cause of death is sudden infant death syndrome, an autopsy may be
performed at the discretion of the coroner. If the coroner performs
an autopsy pursuant to this section, he or she shall also certify the
cause of death.
   (d) The autopsy shall be conducted pursuant to a standardized
protocol developed by the State Department of  Public 
Health  Services  . The protocol is exempt from the
procedural requirements pertaining to the adoption of administrative
rules and regulations pursuant to Article 5 (commencing with Section
11346) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the
Government Code. The protocol shall be developed and approved by July
1, 1990.
   (e) The protocol shall be followed by all coroners throughout the
state when conducting the autopsies required by this section. The
coroner shall state on the certificate of death that sudden infant
death syndrome was the cause of death when the coroner's findings are
consistent with the definition of sudden infant death syndrome
specified in the standardized autopsy protocol. The protocol may
include requirements and standards for scene investigations,
requirements for specific data, criteria for ascertaining cause of
death based on the autopsy, and criteria for any specific tissue
sampling, and any other requirements. The protocol may also require
that specific tissue samples  must   shall 
be provided to a central tissue repository designated by the State
Department of  Public  Health  Services  .
   (f) The State Department of  Public  Health 
Services  shall establish procedures and protocols for
access by researchers to any tissues, or other materials or data
authorized by this section. Research may be conducted by  any
  an  individual with a valid scientific interest
and prior approval from the State Committee for the Protection of
Human Subjects. The tissue samples, the materials, and all data shall
be subject to the confidentiality requirements of Section 103850 of
the Health and Safety Code.
   (g) The coroner may take tissue samples for research purposes from
infants who have died suddenly and unexpectedly without consent of
the responsible adult if the tissue removal is not likely to result
in any visible disfigurement.
   (h) A coroner shall not be liable for damages in a civil action
for any act or omission done in compliance with this section.
   (i)  No   Th   e  consent of
 any   a  person is  not  required
prior to undertaking the autopsy required by this section.