BILL ANALYSIS Ó
AB 1864
Page 1
Date of Hearing: April 19, 2016
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
AB
1864 (Cooley) - As Amended March 17, 2016
SUMMARY: Defines "sudden unexplained death in childhood"
(SUDC), and requires a coroner to notify the parents or
responsible adult of a child that comes within the definition of
the importance of taking tissue samples. Specifically, this
bill:
1)Defines "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 post mortem exam fails to demonstrate
adequate cause for the death.
2)Requires the coroner to notify the parents or responsible
adult of a child that comes within the SUDC definition of the
importance of taking tissue samples.
3)States that a coroner shall not be liable for damages in a
civil action for any act or omission in compliance with the
above provision.
EXISTING LAW:
1)Requires a coroner to investigate the circumstances, manner,
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and cause of specified types of deaths, including violent,
sudden, or unusual deaths; unattended deaths; and deaths where
the deceased has not been attended to by a physician within 20
days before the death occurred. Affords the coroner with the
discretion to determine the extent of the inquiry into a death
occurring under natural circumstances, and allows the coroner
to authorize a physician to sign the certificate of death if
the physician has sufficient knowledge to reasonably state the
cause of a death occurring under natural circumstances. (Gov.
Code, § 27491.)
2)Provides that a coroner shall within 24 hours, or as soon as
feasible thereafter, where the suspected cause of death is
sudden infant death syndrome, take possession of the body, and
make or cause to be made a postmortem examination or autopsy
thereon, and the detailed medical findings resulting from an
examination of the body or autopsy by an examining physician
must either be reduced to writing, or permanently preserved,
as specified. (Gov. Code, § 27491.4, subd. (a).)
3)Defines "sudden infant death syndrome" to mean the sudden
death of an infant that is unexpected by the history of the
infant and where a thorough postmortem fails to demonstrate an
adequate cause of death. (Gov. Code, § 27491.49, subd. (a).)
4)Requires that an autopsy conducted where it is suspected that
the cause of death is sudden infant death syndrome be
conducted pursuant to a standardized protocol developed by
the State Department of Public Health. The protocol shall be
developed and approved by July 1, 1990. (Gov. Code, §
27491.41 (d.).)
5)Requires that all coroners, throughout the state, follow the
established protocol when conducting autopsies where the
suspected cause of death is sudden infant death syndrome, and
requires a coroner to state on the certificate of death that
sudden infant death syndrome was the cause of death when the
findings are consistent with the definition of sudden infant
death syndrome. (Gov. Code, § 27491.41 (e).)
6)Requires a coroner to perform or arrange for an autopsy on a
decedent upon a written request of the surviving spouse, or in
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certain circumstances, a child, parent, or other legal
next-of-kin; and requires the cost of the autopsy to be borne
by the person requesting the autopsy. (Gov. Code § 27520.)
FISCAL EFFECT: Unknown
COMMENTS:
1)Author's Statement: According to the author, "Though
emergency personnel and law enforcement are required to be
provided training to handle cases involving Sudden Infant
Death Syndrome, they do not receive training on the handling
of cases where the suspected cause of death is Sudden
Unexpected Death in Childhood. As a result, parents whose
children die under these circumstances are often left with
little or no information on how to process the death of their
children or how to address further investigation.
2)Prior Legislation: AB 2029 (Cooley) of the 2013-2014
Legislative Session was identical to this bill in that it
required a coroner to advise the parents of a child who has
died of SUDC of the importance of taking tissue samples. AB
2029 was vetoed by the Governor.
In his veto message, the Governor stated," The bill would add a
statutory definition of 'sudden unexplained death in
childhood' and require coroners to notify parents or
responsible parties about the importance of taking tissue
samples when such an unexplained death occurs.
"Rather than creating a state mandate at this juncture, we
should rely on coroners to use their best professional
judgment to provide appropriate and relevant information to
next of kin for this difficult circumstance."
REGISTERED SUPPORT / OPPOSITION:
Support
Sudden Unexplained Death in Childhood Foundation
Five Private Individuals
AB 1864
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Opposition
None
Analysis Prepared
by: Gregory Pagan / PUB. S. / (916) 319-3744