Amended in Senate August 4, 2016

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 of, and to add Section 27491.42 to, the Government Code, relating to inquests.

LEGISLATIVE COUNSEL’S DIGEST

AB 1864, as amended, Cooley. Inquests: sudden unexplained death in childhood.

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.

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.

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

begin insert

This bill would incorporate additional changes to Section 27491.41 of the Government Code, proposed by SB 1189, to be operative only if SB 1189 and this bill are both chaptered and become effective on or before January 1, 2017, and this bill is chaptered last.

end insert

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 27491.41 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, also referred to as 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 begin insert the end insert 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. begin delete The protocol
shall be developed and approved by July 1, 1990. end delete

(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) Consent of any person is not required before undertaking the
autopsy required by this section.

begin insert

begin insert SEC. 1.5. end insert   

end insert

begin insert Section 27491.41 of the end insert begin insert Government Code end insert begin insert is
amended to read: end insert

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 begin insert the end insert public interest is served by research and study of
sudden infant death begin delete syndrome, end delete begin insert syndrome end insert and its potential causes
and indications.

(c) (1) To facilitate these purposes, the coroner shall, within
24 begin delete hours, end delete begin insert hours end insert or as soon thereafter as feasible, begin delete perform end delete begin insert cause end insert
an autopsy begin insert to be performed end insert in any case where an infant has died
suddenly and unexpectedly.

(2) However, if the attending begin insert licensed end insert physician begin insert and surgeon end insert
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 begin delete performs end delete begin insert causes end insert an autopsy begin insert to be performed end insert
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 begin delete Health Services. end delete
begin insert Public Health. end insert 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. begin delete The protocol shall be developed and approved by July 1,
1990. end delete

(e) The protocol shall be followed by all coroners throughout
the state when conducting begin delete the autopsies end delete begin insert an evaluation as part of
an autopsy end insert 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 begin delete must end delete begin insert shall end insert be provided to a central tissue repository
designated by the State Department of begin delete Health Services. end delete begin insert Public
Health. end insert

(f) The State Department of begin insert Public end insert Health begin delete Services end delete 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 begin insert or licensed physician and surgeon end insert 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 begin insert or licensed physician and surgeon end insert 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.

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) 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.

begin insert

begin insert SEC. 3. end insert   

end insert begin insert

Section 1.5 of this bill incorporates amendments to
Section 27491.41 of the Government Code proposed by both this
bill and Senate Bill 1189. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1,
2017, (2) each bill amends Section 27491.41 of the Government
Code, and (3) this bill is enacted after Senate Bill 1189, in which
case Section 27491.41 of this bill shall not become operative.

end insert

begin delete SEC. 3. end delete

begin insert SEC. 4. end insert   

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.