BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON PUBLIC SAFETY
                             Senator Loni Hancock, Chair
                                2015 - 2016  Regular 

          Bill No:    AB 1864       Hearing Date:    June 14, 2016    
          
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          |Author:    |Cooley                                               |
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          |Version:   |March 17, 2016                                       |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|JRD                                                  |
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             Subject:  Inquests:  Sudden Unexplained Death In Childhood



          HISTORY

          Source:   Sudden Unexplained Death in Childhood Foundation

          Prior Legislation:AB 2029 (Cooley) - 2013-2014, vetoed by  
          Governor

          Support:  Several individuals

          Opposition:California State Coroners' Association 

          Assembly Floor Vote:                 78 - 0


          PURPOSE

          The purpose of this bill is to define "sudden unexplained death  
          in childhood" (SUDC), and require a coroner to notify the  
          parents or responsible adult of a child that comes within the  
          definition of the importance of taking tissue samples, as  
          specified. 
          
          Existing law requires a coroner to investigate the  
          circumstances, manner, and cause of specified types of deaths,  
          including violent, sudden, or unusual deaths; unattended deaths;  







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          and deaths where the deceased has not been attended to by a  
          physician within 20 days before the death occurred.  Existing  
          law 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.  (Government Code § 27491.)  

          Existing law 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.  (Government Code § 27491.4(a).)

          Existing defines "sudden infant death syndrome" (SIDS) 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.  (Government Code  §  
          27491.49(a).)

          Existing law requires that an autopsy conducted where it is  
          suspected that the cause of death is SIDS 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.  (Government Code § 27491.41(d.).)

          Existing law requires that all coroners, throughout the state,  
          follow the established protocol when conducting autopsies where  
          the suspected cause of death is SIDS, 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 SIDS.  (Government Code §  
          27491.41(e).)

          Existing law requires a coroner to perform or arrange for an  
          autopsy on a decedent upon a written request of the surviving  
          spouse, or in 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.  (Government Code §  
          27520.)








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          This bill 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.

          This bill 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.

          This bill 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.

                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

          For the past several years this Committee has scrutinized  
          legislation referred to its jurisdiction for any potential  
          impact on prison overcrowding.  Mindful of the United States  
          Supreme Court ruling and federal court orders relating to the  
          state's ability to provide a constitutional level of health care  
          to its inmate population and the related issue of prison  
          overcrowding, this Committee has applied its "ROCA" policy as a  
          content-neutral, provisional measure necessary to ensure that  
          the Legislature does not erode progress in reducing prison  
          overcrowding.   

          On February 10, 2014, the federal court ordered California to  
          reduce its in-state adult institution population to 137.5% of  
          design capacity by February 28, 2016, as follows:   

                 143% of design bed capacity by June 30, 2014;
                 141.5% of design bed capacity by February 28, 2015; and,
                 137.5% of design bed capacity by February 28, 2016. 

          In December of 2015 the administration reported that as "of  
          December 9, 2015, 112,510 inmates were housed in the State's 34  
          adult institutions, which amounts to 136.0% of design bed  
          capacity, and 5,264 inmates were housed in out-of-state  
          facilities.  The current population is 1,212 inmates below the  
          final court-ordered population benchmark of 137.5% of design bed  
          capacity, and has been under that benchmark since February  
          2015."  (Defendants' December 2015 Status Report in Response to  








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          February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge  
          Court, Coleman v. Brown, Plata v. Brown (fn. omitted).)  One  
          year ago, 115,826 inmates were housed in the State's 34 adult  
          institutions, which amounted to 140.0% of design bed capacity,  
          and 8,864 inmates were housed in out-of-state facilities.   
          (Defendants' December 2014 Status Report in Response to February  
          10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman  
          v. Brown, Plata v. Brown (fn. omitted).)  
           
          While significant gains have been made in reducing the prison  
          population, the state must stabilize these advances and  
          demonstrate to the federal court that California has in place  
          the "durable solution" to prison overcrowding "consistently  
          demanded" by the court.  (Opinion Re: Order Granting in Part and  
          Denying in Part Defendants' Request For Extension of December  
          31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court,  
          Coleman v. Brown, Plata v. Brown (2-10-14).  The Committee's  
          consideration of bills that may impact the prison population  
          therefore will be informed by the following questions:

              Whether a proposal erodes a measure which has contributed  
               to reducing the prison population;
              Whether a proposal addresses a major area of public safety  
               or criminal activity for which there is no other  
               reasonable, appropriate remedy;
              Whether a proposal addresses a crime which is directly  
               dangerous to the physical safety of others for which there  
               is no other reasonably appropriate sanction; 
              Whether a proposal corrects a constitutional problem or  
               legislative drafting error; and
              Whether a proposal proposes penalties which are  
               proportionate, and cannot be achieved through any other  
               reasonably appropriate remedy.


          COMMENTS

          1.Need for This Legislation

          According to the author: 

               In any case where an infant dies and the suspected cause of  
               death is Sudden Infant Death Syndrome, existing law  
               requires a coroner to perform an autopsy within twenty-four  








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               hours, or as soon as is feasibly possible.  The coroner is  
               allowed to take samples, but is also required to inform the  
               infant's parent or guardian about the importance of taking  
               tissue samples for the purpose of further investigation. 

               Similar laws do not exist to require rapid investigation or  
               encourage proper management of the sudden and unexplained  
               deaths of child no longer in infancy. 

          2.Effect of This Legislation 

          According to the Sudden Unexplained Death in Childhood Program's  
          (SUDCP) website, SUDC is a rare condition that occurs in  
          children over the age of 12 months. According to the SUDCP, SUDC  
          is a diagnosis of exclusion that is given when all known and  
          possible causes of death have been ruled out. The SUDCP states  
          that the incidence of SUCD is approximately 1.3 deaths per  
          100,000 children, compared to 57 deaths per 100,000 live births  
          for SIDS in 2002.  (http://sudc. org/About/FAQs.)  The website  
          additionally, states, with regard to the collection of tissue: 

              If available to you, SUDC encourages the banking of your  
              child's DNA to provide you with options to pursue more  
              information about your child's death. As clinical testing  
              advances and research options improve, you may want to  
              access these opportunities. Securing a genetic specimen  
              (DNA) from your child may provide: 

              §    the opportunity for genetic testing to uncover specific  
                cause of death and appropriate testing of family


              §    the opportunity for genetic testing to provide negative  
                results - which may assist in decreasing some anxiety


              §    the opportunity for storing a genetic specimen -banking  
                DNA 


               §      Instill hope for cases that currently defy  
                 understanding










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               §      Allow for participation in present or future  
                 research


               §      Allow families to benefit from potential benefit of  
                 future discoveries


               (http://sudc.org/Research/Securing-and-Banking-DNA-after-SUD 
               C.)

          According to the author, "reasons to take samples in SUDC cases  
          include observing tissues for abnormalities or damage, and  
          banking DNA for further investigation."  To this end, this  
          legislation would require the coroner to notify the parents of  
          the importance of taking tissue samples. 

          1.Veto Message

          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:

               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.

          4.   Argument in Opposition 

          According to the California State Coroners' Association:

               The death of a child is always handled as one of our  
               highest priority cases.  Regardless of age, all  
               undetermined causes of death are taken extremely seriously  
               and investigated accordingly by the attending coroner.    
               Adding "sudden unexpected death in childhood" (SUDC) to  








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               statute suggest it, like SIDS, is a syndrome and creates a  
               new label absent scientific vetting or validation.  There  
               is no syndrome of this type-it is a broad label given to  
               unidentified cause of death.  While well intentioned, we  
               see this as problematic.  

               When a coroner or medical examiner signs a death  
               certificated, what appears in the certificate for cause of  
               death needs to be able to be coded to a "standard"  
               contained in the ICD-10 manual.  The ICD-10 is used to code  
               and classify mortality dates from death certificated.  The  
               ICD-10 is copyrighted by the World Health Organization  
               which owns and publishes the classification.  The ICD-10  
               was developed following a thorough evaluation by a  
               Technical Advisory Panel and extensive additional  
               consultation with physician groups, clinical coders, and  
               other to assure clinical accuracy and utility.  

               It is important to note that Sudden Infant Death Syndrome  
               (SIDS) appears as an ICD-10 code.  No such code appears for  
               the newly proposed Sudden Unexplained Death in Childhood  
               (SUDC).  Therefore, it is extremely problematic to define  
               it as a new "standard" in statue without it having been  
               vetted for purposes of inclusion in the ICD-10.   
               Consequently, this bill establishes a definition in statute  
               which puts us at odds with existing international  
               classifications of diseases and causes of death. 

           
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