BILL NUMBER: AB 2029 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 30, 2014
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Cooley
( Coauthor: Assembly Member
Dickinson )
FEBRUARY 20, 2014
An act to amend Sections 27491 and 27491.4 of, and to add Section
27491.42 to, the Government Code, and to amend Section
13519.3 of the Penal Code, relating to inquests.
LEGISLATIVE COUNSEL'S DIGEST
AB 2029, as amended, Cooley. Inquests: sudden unexpected
unexplained death in childhood.
(1) Existing
Existing law states that
findings and declarations of the Legislature finds and
declares that sudden infant death syndrome (SIDS)
, as defined, is the leading cause of death for children
under age one. Under existing law, the a
coroner has a duty to inquire into and determine the
circumstances, manner, and cause of, among other things, deaths where
the suspected cause of death is sudden infant death syndrome. The
coroner is required to perform an autopsy, within 24 hours or as soon
thereafter as feasible, in any case where an infant has died
suddenly and unexpectedly. The coroner is required to
conduct the autopsy pursuant to protocols developed by the State
Department of Public Health and is authorized to take tissue samples
for research purposes from infants who have died suddenly and
unexpectedly. The department is required to establish procedures and
protocols for access by researchers to any tissues, other materials,
or data that is collected. Existing law authorizes a person to
conduct research on those tissues, other materials, or data if he or
she has a valid scientific purpose and receives prior approval from
the State Committee for the Protection of Human Subjects.
Under existing law, it is a misdemeanor for a funeral director,
physician, or other person who has charge of a deceased person's body
to not immediately notify the coroner if death occurred as a result
of any of the causes or circumstances that the coroner has a duty to
inquire into.
This bill would expand the duty of the coroner to also inquire
into and determine the circumstances, manner, and cause of deaths
where a child, who is one year of age or older but under 18 years of
age, dies suddenly and unexpectedly or where the suspected cause of
death is sudden unexpected unexplained
death in childhood. This bill would define "sudden
unexpected unexplained death in childhood" as
the sudden death of a child one year of age or older but under 18
years of age that is unexpected unexplained
by the history of the child and where a thorough postmortem
examination fails to demonstrate an adequate cause of death. This
bill would require the coroner to perform an autopsy within 24 hours
or as soon thereafter as feasible in any case where a child has died
suddenly and unexpectedly. This bill would also require the
coroner to conduct the autopsy pursuant to protocols developed by the
department and would authorize the coroner to take tissue samples
for research purposes from children who have died suddenly and
unexpectedly. This bill would require the department to establish
procedures and protocols for access by researchers to any tissues,
other materials, or data that is collected, and would authorize a
person to conduct research on those tissues, other materials, or data
if he or she has a valid scientific purpose and receives prior
approval from the State Committee for the Protection of Human
Subjects. This bill would also exempt the
coroner from liability for damages in a civil action for any act or
omission done in compliance with a specified statute.
By expanding the duties of a local agency and expanding the scope
of an existing crime, this bill would create a state-mandated local
program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
(2) Existing law requires the Commission on Peace Officer
Standards and Training to establish a course on the nature of sudden
infant death syndrome and the handling of cases involving the sudden
deaths of infants. The commission is also required to prepare
guidelines establishing standard procedures for the investigation of
cases involving sudden deaths of infants.
This bill would require the commission to include information on
sudden unexpected death in childhood in the established course and to
prepare guidelines establishing standard procedures for the
investigation of cases involving sudden and unexpected deaths of
children.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 27491 of the Government Code is amended to
read:
27491. It shall be is the duty of
the coroner to inquire into and determine the circumstances, manner,
and cause of all violent, sudden, or unusual deaths; unattended
deaths; deaths where if the deceased
has not been attended by either a physician or a registered nurse,
who is a member of a hospice care interdisciplinary team, as defined
by subdivision (e) (g) of Section 1746
of the Health and Safety Code in the 20 days before death; deaths
related to or following known or suspected self-induced or criminal
abortion; known or suspected homicide, suicide, or accidental
poisoning; deaths known or suspected as resulting in whole or in part
from or related to accident or injury either old or recent; deaths
due to drowning, fire, hanging, gunshot, stabbing, cutting, exposure,
starvation, acute alcoholism, drug addiction, strangulation,
aspiration, or where if the suspected
cause of death is sudden infant death syndrome; deaths where a child,
who is one year of age or older but under 18 years of age, dies
suddenly and unexpectedly, or where the suspected cause of death is
sudden unexpected unexplained death in
childhood; death in whole or in part occasioned by criminal means;
deaths associated with a known or alleged rape or crime against
nature; deaths in prison or while under sentence; deaths known or
suspected as due to contagious disease and constituting a public
hazard; deaths from occupational diseases or occupational hazards;
deaths of patients in state mental hospitals serving the mentally
disabled and operated by the State Department of State Hospitals;
deaths of patients in state hospitals serving the developmentally
disabled and operated by the State Department of Developmental
Services; deaths under such circumstances as to afford a reasonable
ground to suspect that the death was caused by the criminal act of
another; and any deaths reported by physicians or other persons
having knowledge of death for inquiry by coroner. Inquiry pursuant to
this section does not include those investigative functions usually
performed by other law enforcement agencies.
In any case in which the coroner conducts an inquiry pursuant to
this section, the coroner or a deputy shall personally sign the
certificate of death. If the death occurred in a state hospital, the
coroner shall forward a copy of his or her report to the state agency
responsible for the state hospital.
The coroner shall have discretion to determine the extent of
inquiry to be made into any death occurring under natural
circumstances and falling within the provisions of this section, and
if inquiry determines that the physician of record has sufficient
knowledge to reasonably state the cause of a death occurring under
natural circumstances, the coroner may authorize that physician to
sign the certificate of death.
For the purpose of inquiry, the coroner shall have the right to
exhume the body of a deceased person when necessary to discharge the
responsibilities set forth in this section.
Any funeral director, physician, or other person who has charge of
a deceased person's body, when death occurred as a result of any of
the causes or circumstances described in this section, shall
immediately notify the coroner. Any person who does not notify the
coroner as required by this section is guilty of a misdemeanor.
SEC. 2. Section 27491.4 of the Government Code is amended to read:
27491.4. (a) For purposes of inquiry the coroner shall, within 24
hours or as soon as feasible thereafter, where the suspected cause
of death is sudden infant death syndrome or sudden
unexpected unexplained death in childhood, and,
in all other cases, the coroner may, in his or her discretion, take
possession of the body, which shall include the authority to exhume
the body, order it removed to a convenient place, and make or cause
to be made a postmortem examination or autopsy thereon, and make or
cause to be made an analysis of the stomach, stomach contents, blood,
organs, fluids, or tissues of the body. The detailed medical
findings resulting from an inspection of the body or autopsy by an
examining physician shall be either reduced to writing or permanently
preserved on recording discs or other similar recording media, shall
include all positive and negative findings pertinent to establishing
the cause of death in accordance with medicolegal practice and this,
along with the written opinions and conclusions of the examining
physician, shall be included in the coroner's record of the death.
The coroner shall have the right to retain only those tissues of the
body removed at the time of the autopsy as may, in his or her
opinion, be necessary or advisable to the inquiry into the case, or
for the verification of his or her findings. No person may be present
during the performance of a coroner's autopsy without the express
consent of the coroner.
(b) In any case in which the coroner knows, or has reason to
believe, that the deceased has made valid provision for the
disposition of his or her body or a part or parts thereof for medical
or scientific purposes in accordance with Chapter 3.5 (commencing
with Section 7150) of Part 1 of Division 7 of the Health and Safety
Code, the coroner shall neither perform nor authorize any other
person to perform an autopsy on the body unless the coroner has
contacted or attempted to contact the physician last in attendance to
the deceased. If the physician cannot be contacted, the coroner
shall then notify or attempt to notify one of the following of the
need for an autopsy to determine the cause of death: (1) the
surviving spouse; (2) a surviving child or parent; (3) a surviving
brother or sister; (4) any other kin or person who has acquired the
right to control the disposition of the remains. Following a period
of 24 hours after attempting to contact the physician last in
attendance and notifying or attempting to notify one of the
responsible parties listed above, the coroner may perform or
authorize the performance of an autopsy, as otherwise authorized or
required by law.
(c) Nothing in this section shall be deemed to prohibit the
discretion of the coroner to conduct autopsies upon any victim of
sudden, unexpected, or unexplained death or any death known or
suspected of resulting from an accident, suicide, or apparent
criminal means, or other death, as described in Section 27491.
SEC. 3. Section 27491.42 is added to the Government Code, to read:
27491.42. (a) For purposes of this article, "sudden
unexpected unexplained death in childhood" means
the sudden death of a child one year of age or older but under 18
years of age that is unexpected unexplained
by the history of the child and where a thorough postmortem
examination fails to demonstrate an adequate cause of death.
(b) The Legislature finds and declares all of the following:
(1) Sudden unexpected unexplained
death in childhood accounts for 1.2 deaths out of every 100,000
children.
(2) Most deaths from sudden unexpected
unexplained death in childhood occur between one year of age
and three years of age, but researchers have studied cases of
children as old as 15 years of age.
(3) Sudden unexpected unexplained
death in childhood cannot be predicted or prevented because the cause
of sudden unexpected unexplained death
in childhood is unknown.
(4) The public interest is served by research and study of sudden
unexpected unexplained death in
childhood, 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 a child, who is one year of age or older but under 18
years of age, has died suddenly and unexpectedly.
(2) However, if the attending physician desires to certify that
the cause of death is sudden unexpected
unexplained death in childhood, 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 certify the cause of death.
(d) The autopsy shall be conducted pursuant to a standardized
protocol developed by the State Department of Public Health. The
protocol is exempt from 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 January 1, 2016.
(e) The protocol shall be followed by all coroners throughout the
state when conducting autopsies required by this section. The coroner
shall state on the certificate of death that sudden unexpected death
in childhood was the cause of death when the coroner's findings are
consistent with the definition of sudden unexpected death in
childhood 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, criteria for any
specific tissue sampling, and any other requirements. The protocol
may also require that specific tissue samples be provided to a
central tissue repository designated by the State Department of
Public Health.
(f) The State Department of Public Health shall establish
procedures and protocols for access by researchers to any tissues or
other material, or data authorized by this section. Research may be
conducted by 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)
( d) The coroner may take tissue samples for
research purposes from children 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. The
coroner shall notify the parent or responsible adult of the child
about the importance of taking tissue samples.
(h)
( e) A coroner shall not be liable for
damages in a civil action for any act or omission in compliance with
this section.
(i)
( f) The consent of any person is not
required prior to undertaking the autopsy required by this section.
SEC. 4. Section 13519.3 of the Penal Code is
amended to read:
13519.3. (a) Effective July 1, 1990, the commission shall
establish, for those peace officers specified in subdivision (a) of
Section 13510 who are assigned to patrol or investigations, a course
on the nature of sudden infant death syndrome and sudden unexpected
death in childhood, and the handling of cases involving the sudden
deaths of infants and the sudden unexpected deaths of children. The
course shall include information on the community resources available
to assist families and child care providers who have lost a child to
sudden infant death syndrome and sudden unexpected death in
childhood. Officers who are employed after January 1, 1990, shall
complete a course in sudden infant death syndrome and sudden
unexpected death in childhood prior to the issuance of the Peace
Officer Standards and Training basic certificate, and shall complete
training on those topics on or before July 1, 1992.
(b) The commission, in consultation with experts in the field of
sudden infant death syndrome and sudden unexpected death in
childhood, shall prepare guidelines establishing standard procedures
which may be followed by law enforcement agencies in the
investigation of cases involving sudden deaths of infants and sudden
unexpected deaths of children.
(c) The course relating to sudden infant death syndrome and sudden
unexpected death in childhood, and the handling of cases of sudden
infant deaths and sudden unexpected deaths of children shall be
developed by the commission in consultation with experts in the field
of sudden infant death syndrome and sudden unexpected death in
childhood. The course shall include instruction in the standard
procedures developed pursuant to subdivision (b). In addition, the
course shall include information on the nature of sudden infant death
syndrome and sudden unexpected death in childhood, which shall be
taught by experts in the field of sudden infant death syndrome and
sudden unexpected death in childhood.
(d) The commission shall review and modify the basic course
curriculum to include sudden infant death syndrome and sudden
unexpected death in childhood awareness as part of death
investigation training.
(e) When the instruction and training are provided by a local
agency, a fee shall be charged sufficient to defray the entire cost
of instruction and training.
SEC. 5. SEC. 4. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution for certain costs that may be incurred by a
local agency or school district because, in that regard, this act
creates a new crime or infraction, eliminates a crime or infraction,
or changes the penalty for a crime or infraction, within the meaning
of Section 17556 of the Government Code, or changes the definition of
a crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.