Amended in Assembly March 17, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1864

Introduced by Assembly Member Cooley

(Coauthor: Assembly Member Cooper)

February 10, 2016

An act to amend Section 27491.41 begin delete of end delete begin insert of, and to add Section 27491.42 to, end insert the Government Code, relating to begin delete coroners. end delete begin insert inquests. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1864, as amended, Cooley. begin delete Coroners. end delete begin insert Inquests: sudden unexplained death in childhood. end insert

Existing law states that the Legislature finds and declares that sudden infant death syndrome, as defined, is the leading cause of death for children under age one. Existing law requires the coroner 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.

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This bill would make nonsubstantive changes to those provisions.

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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 for which a thorough postmortem examination fails to demonstrate an adequate cause of death. The bill would require the coroner to notify the parent or responsible adult of a child within that definition about the importance of taking tissue samples. The bill would also exempt the coroner from liability for damages in a civil action for any act or omission done in compliance with these provisions. The bill would make other, nonsubstantive, changes.

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By expanding the duties of a local agency, this bill would create a state-mandated local program.

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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.

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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.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

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
begin delete syndrome (SIDS) end delete begin insert syndrome, also referred to as SIDS, end insert 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. 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 shall 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 materials or data authorized by this section. Research may
be conducted by any 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)  begin delete No consent end delete begin insert Consent end insert of any person is begin insert not end insert required begin delete prior to end delete
begin insert before end insert undertaking the autopsy required by this section.

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begin insert SEC. 2. end insert   

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begin insert Section 27491.42 is added to the end insert begin insert Government Code end insert begin insert ,
to read: end insert

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begin insert 27491.42. end insert   

(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) The coroner shall notify the parent or responsible adult of
a child described in subdivision (a) about the importance of taking
tissue samples.

(c) A coroner shall not be liable for damages in a civil action
for any act or omission in compliance with this section.

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begin insert SEC. 3. end insert   

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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.

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