California Legislature—2015–16 Regular Session

Assembly BillNo. 2427


Introduced by Assembly Member Chau

February 19, 2016


An act to amend Section 129 of the Code of Civil Procedure, relating to courts.

LEGISLATIVE COUNSEL’S DIGEST

AB 2427, as introduced, Chau. Postmortem photographs.

Existing law generally prohibits a copy, reproduction, or facsimile of any kind of a photograph, negative, or print, including instant photographs and video recordings, of the body, or any portion of the body, of a deceased person, taken by or for the coroner at the scene of death or in the course of a postmortem examination or autopsy, from being made or disseminated. This prohibition does not apply for use in a criminal action or proceeding in this state that relates to the death of that person, or as a court permits, by order after good cause has been shown and after written notification of the request for the court order has been served, at least 5 days before the order is made, upon the district attorney of the county in which the postmortem examination or autopsy has been made or caused to be made.

This bill would additionally authorize the making or dissemination of a copy, reproduction, or facsimile described above for use or potential use in a civil action or proceeding that relates to the death of the deceased person if the coroner receives written authorization from a legal heir or representative of the deceased person before the action is filed or while the action is pending, or if a subpoena is issued in a pending civil action.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 129 of the Code of Civil Procedure is
2amended to read:

3

129.  

(a) Notwithstanding any other law, a copy, reproduction,
4or facsimile of any kind of a photograph, negative, or print,
5including instant photographs and video recordings, of the body,
6or any portion of the body, of a deceased person, taken by or for
7the coroner at the scene of death or in the course of a post mortem
8examination or autopsy, shall not be made or disseminated except
9as follows:

10(1) For use in a criminal action or proceeding in this state that
11relates to the death of that person.

12(2) As a court of this state permits, by order after good cause
13has been shown and after written notification of the request for
14the court order has been served, at least five days before the order
15is made, upon the district attorney of the county in which the post
16mortem examination or autopsy has been made or caused to be
17made.

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18(3) For use or potential use in a civil action or proceeding in
19this state that relates to the death of that person, if either of the
20following applies:

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21(A) The coroner receives written authorization from a legal heir
22or representative of that person before the action is filed or while
23the action is pending.

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24(B) A subpoena is issued in a pending civil action.

end insert

25(b) This section shall not apply to the making or dissemination
26of a copy, reproduction, or facsimile for use in the field of forensic
27pathology, in medical or scientific education or research, or by a
28coroner or any law enforcement agency in the United States for
29investigative purposes, including identification and identification
30confirmation.

31(c) This section shall apply to a copy, reproduction, or facsimile,
32and to a photograph, negative, or print, regardless of when it was
33made.

P3    1(d) A coroner is not personally liable for monetary damages in
2a civil action for any act or omission in compliance with this
3section.



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