BILL NUMBER: AB 2029 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 1, 2014
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, 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 for which 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. to notify the parent or responsible
adult of a child within that definition about the importance of
taking tissue samples. 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.
these provisions.
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.
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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
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 in which the suspected
cause of death is sudden infant death syndrome; 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; 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.
(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.
(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.
(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.
(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 1. 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)
( b) 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 a child described in subdivision
(a) about the importance of taking tissue samples.
(d)
( c) 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.
SEC. 2. If the Commission on State Mandates
determines that this act contains 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.