BILL NUMBER: AB 2029	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 17, 2014
	AMENDED IN ASSEMBLY  MAY 8, 2014
	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 Section 27491 of, and to add Section 27491.42 to,
the Government Code, relating to inquests.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2029, as amended, Cooley. Inquests: sudden unexplained death in
childhood.
   Existing law states findings and declarations of the Legislature
that sudden infant death syndrome (SIDS) is the leading cause of
death for children under age one. Under existing law, 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. 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 unexplained death in childhood. This bill would
define "sudden 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
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 as
soon as feasible in any case where a child has died suddenly and
unexpectedly. 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.  The bill would provide an
exemption to these provisions if the requirements   conflict
with a parent or guardian's sincerely held religious beliefs unless
there is an overriding public health concern or a law enforcement
officer reasonably suspects that a crime has been committed. 
   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.
   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.   (a)    It 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 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 (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
 if   in which  the suspected cause of
death is sudden infant death syndrome; deaths  where
  in which  a child, who is one year of age or
older but under 18 years of age, dies suddenly and unexpectedly, or
 where   in which  the suspected cause of
death is sudden 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 
    (b)     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 
    (c)     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 
    (d)     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 
    (e)     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. 
   (f) This section shall not apply if the coroner's inquiry into
deaths in which a child, who is one year of age or older but under 18
years of age, dies suddenly and unexpectedly, or in which the
suspected cause of death is sudden unexplained death in childhood,
conflicts with a parent or guardian's sincerely held religious
beliefs or practices, unless there is an overriding public health
concern or a law enforcement officer reasonably suspects that a crime
has been committed. 
  SEC. 2.  Section 27491.42 is added to the Government Code, to read:

   27491.42.  (a) For purposes of this article, "sudden 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 unexplained by the
history of the child and where a thorough postmortem examination
fails to demonstrate an adequate cause of death.
   (b) (1) The coroner shall, as soon 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 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.
   (c) 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.
   (d) A coroner shall not be liable for damages in a civil action
for any act or omission in compliance with this section.
   (e) The consent of any person is not required prior to undertaking
the autopsy required by this section. 
   (f) This section shall not apply if the requirements of this
section conflict with a parent or guardian's sincerely held religious
beliefs or practices, unless there is an overriding public health
concern or a law enforcement officer reasonably suspects that a crime
has been committed. 
  SEC. 3.  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.